RI Divorce basic issues overview
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RI Divorce basic issues overview


A sheriff has served you! So now what? In a RI divorce, there are four general categories of issues that your lawyer will deal with, namely: Children, Division of Marital Estate, Alimony, and Temporary Issues. Understanding these categories will help break down the process. This, in turn, will help you understand where things you think are important fit in.

Four Major Issues

Children: There are several sub-parts to the children category and they are: Custody, placement, visitation, support, and medical coverage. A primer on what the court considers in solving child issues may be found in the FAQS section.

Division of Marital Estate: The first step is to identify the marital assets and/or debt. Issues such as inheritance or pre-marital assets are relevant here. Next, you must value the assets and/or debt. Bank statements, appraisals, credit card statements, and the like help here, for example. Finally, after you determine what to divide, and its value (positive or negative), you must divide the assets. The rule of thumb is to assume a 50/50 division and vary off of that based on certain factors that may apply. As an example, the issue of fault (i.e. affairs, abuse, etc.). The statutory factors used in determining division of assets may be found in the FAQS section.

Alimony: Factors such as length of marriage, ability of each party to pay support, and the needs of each party are relevant here. Also, the court makes a decision regarding alimony only after making its division of the marital estate first. In a RI divorce, the courts consider alimony as “rehabilitative,” as well. Because of this, the courts will not award alimony simply due to unequal incomes. Any lawyer seeking alimony, therefore, must have a plan for their client to use the funds to “rehabilitate” themselves. For example: completing an education, or time in employment to get a promotion.

Temporary issues: Often, you will need to deal with issues such as placement of children, support, restraining orders, and use of assets (who lives in the home) prior to the final hearing on divorce. These are “temporary” issues.


In reality, parties often try to focus first on the issues they can resolve easily, and let the difficult issues remain till the end. Often, mediation, either private, or through the courts, is the next step to resolving difficult issues.

It is important to ensure your divorce lawyer understands these issues. All to often, a divorce can be overwhelming not just for you, but for your inexperienced attorney. There is no rule book that explains how to guide a client. But a good Rhode Island divorce attorney will focus on the big picture. So, time to resolve the case, and most importantly, the cost of resolving your divorce, are also very important considerations. Its a delicate balance.


Understanding how the courts in Rhode Island look at divorce is the key to helping you find solutions. Your solution must be meaningful, cost effective, and in your best interest. The attorneys at Moyer Law, PC have decades of experience navigating RI divorce, let us put our knowledge to work for you. 401-461-7800.

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Every divorce can be painful in its own way, but the right divorce lawyer can help ensure that you feel prepared for this difficult process. Careful and considerate guidance is imperative throughout the entirety of the divorce process. Attorney Don Moyer provides the care and attention you deserve. Let our RI divorce lawyers give you the backing you need for your Rhode Island divorce.



Nothing is more important that your children. You look out for their best interest, and you deserve a custody lawyer who will fight for your parental rights. Child custody can be the most contentious issue in any family court action. Attorney Don Moyer has the experience you need to protect your parental rights. Let our RI child custody lawyer help secure the custody resolution best for you.



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.

All Family


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

> Divorce

> Alimony

> Interstate Child Relocation

> Adoption

> DCYF Matters

> Pre/Post-Nuptial Agreements

> Restraining Orders


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.


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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