Attorney DiMonte created a pre-nuptial agreement which kept the future husband’s pre-owned home as a separate asset, in the event of divorce, so that it did not become property of the new marriage.
- Pre-Nuptial AgreementsAttorney DiMonte has served on the last three Child Support Task Forces, to revise the Child Support Guidelines in Rhode Island, including the drafting of the initial report for Revision of the Guidelines in 1997. He can provide an in-depth analysis of child support in your case.
- Child SupportAttorney DiMonte assisted in having a client hire the appropriate expert to evaluate a client’s interest in a family business, and then to negotiate an appropriate settlement based upon those values.
- Valuation and Division of AssetsPLEASE NOTE: The Answers contained herein are by way of general example, based upon non-specific cases. Attorney DiMonte is not to be held responsible for application of these answers to any particular case. It is urged that a full review in person be made with a competent Attorney such as Attorney DiMonte so as to be aware how particular answers to these questions, or to other questions, apply in your case.
The absolute minimum amount of time, without waivers from the Court, is approximately six months. This presumes a complete agreement and a hearing granting the divorce 75 days after filing.
The process and the timeline starts with the filing in Family Court of a Complaint for Divorce, and other necessary papers required by the Family Court, together with a present filing fee of $100.00.
When the Complaint for Divorce is filed with the Family Court, a “Summons” is issued by the Court, which must be given or “served” upon the spouse by a “disinterested” party, which is usually a Constable or Sheriff. There are fees to be paid in advance to the Constable or Sheriff.
There are methods which can be utilized by a competent attorney and Sheriff to ensure proper “service.”
There would need to be some efforts for six months to locate the spouse based upon the “last known address.” If no location can be discovered, it is necessary to “publish” the Complaint, which requires additional fees.
Rhode Island law provides that a divorce can be granted based upon a finding that “irreconcilable differences have arisen which have caused the irremediable breakdown of the marriage.”
Under every ground except “living separate and apart for at least three years,” there is a “waiting period” of ninety days before the Final Judgment can be entered, and no remarriage can take place without entry of the “Final Judgment.” This is filed by the person granted the divorce, or their attorney, and must be signed by a Judge of the Family Court, and no new hearing is required. A certified copy of the Final Judgment is sufficient proof of the ending of the prior marriage, when parties seek to remarry.
It is necessary to have complete agreement by both parties on all the issues involved. When there is a lack of agreement in complex cases involving custody, visitation, and evaluation of assets, and how the assets are to be divided, this delays the ability of the parties to have a hearing granting the divorce.
The Rhode Island Supreme Court requires that the custody, visitation, child support issues, and division of property, and all other issues be agreed upon at the same time as when the divorce is granted. This prevents the Family Court from constantly hearing the same case. The Supreme Court requires “finality,” so that the decisions on all issues are included in the Final Judgment Order.
This frequently happens, especially when the spouse doesn’t “want” the divorce, or acts to “punish” the spouse seeking the divorce. After a period of approximately 75-90 days after filing, the Court will assign the case to a “Contested” Track, where the case is assigned to a Judge who will become more involved in “what is reasonable.” If necessary, the case is “tried” before the Judge, where witnesses are presented by each party on all issues, and the witnesses are cross-examined by each attorney, and the Judge makes the final decision on each issue. There is always a question of either party seeking to have the Supreme Court review the Judge’s decision.
Most attorneys require an initial advance which they believe will reasonably cover the amount of "legal time" to get to Final Judgment. This is why the "initial advance" can be so much. When the case becomes more "contested," (see above answer) because either party "refuses" to agree to "reasonable" proposals, or when there are experts required for complicated issues on evaluating assets or custody or visitation matters, more time is required to prepare the case for "trial" before the Court, or to continue to negotiate. This is when attorney fees mount, and it is often necessary for attorneys to request further legal fees when the initial advance is spent.
As good business people, most attorneys would rather operate to get paid for their work as they proceed in the case. There is no “guarantee” that the Court will grant “attorney fees” in any particular case, and it is normally not wise to ask the attorney to operate as a creditor, “hoping” to get paid when the case is finished.