Divorce

Divorce and annulments are similar in that they both dissolve a marriage. However, when a couple divorces, they are terminating a valid marriage. When a couple gets an annulment, it is as though the marriage never existed. An annulment legally erases the marriage because it wasn’t legal from the start. In Rhode Island, a court will only grant an annulment under limited circumstances. These include:

Incest: the spouses are closer in familial relation (closer than first cousins) than is legally allowed

Bigamy: either spouse was already married to another at the time of marriage

Mental incompetence: either spouse did not have the mental competence to knowingly and willingly consent to the marriage

Refusal to consummate the marriage: either spouse refuses to have sexual intercourse with the other

It is essential that couples understand how property is divided during a divorce. In Rhode Island, property is divided by a system of equitable distribution. In court, the division of assets must be equitable, or fair and just, which does not necessarily mean equal. A legal team can help make this distinction.

Before any property can be divided, it must first be determined whether the property is separate or marital property. Only marital property is subject to equitable distribution in a court of law.

Marital property includes all assets acquired after the date of the marriage. The name on the asset is irrelevant. All property acquired during the marriage is considered marital property and subject to equitable distribution.

Marital property subject to equitable distribution includes:

Any asset or property acquired after the date of the wedding

Debt acquired during the marriage

Separate property includes all assets that each person had or owned before the wedding. Property that an individual possesses before the date of the wedding belongs to the original individual as separate property.

Separate property not subject to equitable distribution includes:

• Anything inherited by a spouse during the marriage
• Anything received individually as a gift (from someone other than their spouse)
• A personal injury reward

There are exceptions to these exclusions that would make separate property considered by martial standards. Thus, it is important to have legal representation when tackling the division of property. At Goldman & Goldman, we are prepared to help you handle equitable distribution matters.

Alimony has evolved from its inception. Now referred to as either spousal support or spousal maintenance, its purpose is limited to providing the less monied spouse with transitional support. The ultimate goal is to give this spouse time to become more self-supporting.

The amount of time spousal maintenance can be in place is determined by the length of the marriage and other factors regarding the relationship.

Prenuptial agreements allow couples to discuss their financial expectations before the wedding and their expectations of their marriage. Couples most likely in need of a prenup are those with significant assets going into the marriage or who have children from a prior marriage or relationship. At Goldman & Goldman, we can assist you in this process. We can draft a prenuptial agreement that will help you:

• Protect your assets
• Protect against your spouse’s debts
• Protect interests of children from a previous marriage or relationship
• Define and identify separate and marital assets and property
• Limit or expand inheritance rights
• Define future alimony and support payments

Postnuptial agreements offer protections similar to a prenuptial agreement. However, postnuptial agreements are drafted after the date of the wedding rather than before. Postnuptial agreements are often prompted following a substantial inheritance, career change, or other significant change in financial circumstances. They can even be a final attempt to save a marriage.

Post-divorce disputes often arise when there is a change of circumstances after the original settlement is reached. At this point, modifications need to be made to the original agreements. Modifications may be due to substantial changes in income, serious illness or disability, or a parent’s desire to relocate.

Post-divorce disputes also arise when there is a need to enforce an order of support, custody, and/or visitation. These matters are best handled by an experienced legal team in order to resolve things quickly and fairly.

Goldman & Goldman has ample experience with all types of family law. We've been helping our clients since 1991, and you can trust us with over 35 years of experience. You'll have many choices for legal support during your divorce, but our personalized, hands-on approach sets us apart.

We're available for you at any point of the process during your marital disputes. We can help with prenuptial agreements, divorce settlements, annulments, spousal maintenance, custody agreements, and more.