Considerations when dividing assets in divorce
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Considerations when dividing assets in divorce

DIVIDING ASSETS IN DIVORCE

So you have a house and pensions. Your spouse inherited money, and then there are the bank accounts and credit cards. How do you now divide assets in divorce? Do you need an accountant?

Ultimately, the answer depends on the complexity of your “marital estate”, and a number of other factors.

RHODE ISLAND COURTS FOLLOW LAWS FOR DIVIDING ASSETS AND DEBT

The Family Courts in Rhode Island consider certain factors set out in R.I.G.L. 15-5-16.1 when dividing assets in divorce. The factors are as follows:

(1) The length of the marriage;

(2) The conduct of the parties during the marriage;

(3) The contribution of each of the parties during the marriage in the acquisition, preservation, or appreciation in value of their respective estates;

(4) The contribution and services of either party as a homemaker;

(5) The health and age of the parties;

(6) The amount and sources of income of each of the parties;

(7) The occupation and employability of each of the parties;

(8) The opportunity of each party for future acquisition of capital assets and income;

(9) The contribution by one party to the education, training, licensure, business, or increased earning power of the other;

(10) The need of the custodial parent to occupy or own the marital residence and to use or own its household effects taking into account the best interests of the children of the marriage;

(11) Either party’s wasteful dissipation of assets or any transfer or encumbrance of assets made in contemplation of divorce without fair consideration; and

(12) Any factor which the court shall expressly find to be just and proper.

The court will weigh each of these factors and makes its decision.

STEP BY STEP APPROACH

Whether presenting these issues to the court, or working through a settlement with your spouse, follow the following steps. First, you need to determine what assets and debt are in fact marital. Next, those assets that are marital need to be valued. And lastly, and finally, divide the marital estate.

Remember, these issues can vary from case to case. Military divorces can have unique issues also. To help get through all of this, contact our RI divorce attorney now.

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There are many family law issues that military persons or their families must deal with differently than anyone else. Ensure you are protected by contacting a lawyer who understands the complexity military service may impart on your family or divorce matter. Attorney Don Moyer has served in the armed forces, and has over 20 years experience effectively representing military families.

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Moyer Law, PC handles all types of divorce and family law cases in Rhode Island, including:

> Divorce

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RI DIVORCE ATTORNEYS – MOYER LAW, PC

Divorce and family law cases are often wrought with emotional turmoil and interpersonal conflict. Cases like these also come with high stakes, making it essential for anyone dealing with a family or divorce law matter to seek counsel from a qualified legal professional. When you are involved in one of these cases, you need a trustworthy RI divorce attorney like Don Moyer on your side to help you see it through.

Compassionate, Competent Representation from Start to Finish

Moyer Law, PC understands how difficult it can be being involved in a family law dispute. Whether you are divorcing your spouse after a turbulent marriage or seeking custody of your child, Moyer Law, PC providences experienced divorce and family law representation throughout Rhode Island. Our staff is also here to explain how the law applies in your case, helping you make the best choices every step of the way.

If you are dealing with a divorce or family law issue in the Rhode Island, Moyer Law, PC can help. Contact us for more information regarding costs, services, or to schedule a consultation with our RI divorce lawyer. Call now (401) 461-7800.

ABOUT DON MOYER

RI Divorce Lawyer - Warwick Divorce Lawyer Rhode Island

Don Moyer is a Rhode Island attorney who focuses his practice on family and divorce law. He obtained his legal education at Roger Williams University School of Law. Don’s undergraduate degree is in Finance and Business Administration. His finance degree is a critical benefit to clients litigating any issues relating to real estate, retirement division, hidden assets, support, or any variety of other financial issues.

Don also spent a number of years in the U.S. Army Infantry, including spending a year in the Bosnia, Croatia, Hungary region of Europe in a special operations unit in the immediate aftermath of the Bosnian conflict in 1996-97.

Don has over 21 years of experience litigating and mediating divorce and family law cases in Rhode Island.

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