Divorce Law

Rego Law has an active family law practice representing clients in a variety of matters before the Rhode Island Family Court. These include all types of divorce proceedings (contested and uncontested) as well as adoption, custody, and visitation disputes.

Contact us for more information about divorce law in Bristol, RI, and for a free initial phone consultation to learn how we can assist you during this challenging time.

Divorce Mediation

Divorce by mediation is a process in which the parties to a divorce try to resolve their disputes outside of court with the help of a mediator. Attorney Alfred R. Rego, Jr. is a Rhode Island Family Court certified mediator with 20 years of experience in family law matters. The firm provides assistance and representation in connection with alternative dispute resolution options to assist the parties in reaching a mutually agreeable memorandum of agreement in uncontested divorces.

Premarital Agreements

Rego Law also provides premarital advice regarding asset allocation, including the drafting and implementation of premarital agreements.

Postmarital Agreements

In addition, we provide postmarital advice regarding asset allocation, including the drafting and implementation of premarital agreements.

Resources:

ABA Center on Children and the Law
Cornell University – Child Custody
Cornell University – Divorce

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Glossary of Terms:

Alimony: The money paid by one ex-spouse to the other for support under the terms of a court order or settlement agreement following a divorce. Except in marriages of long duration (10 years or more) or in the case of an ailing spouse, alimony usually lasts for a set period, with the expectation the recipient spouse will become self-supporting. Alimony is also called spousal support or “maintenance.”

Child Support: The entitlement of all children to be supported by their parents until they reach the age of majority or become emancipated — usually by marriage, entry into the armed forces, or living independently. Many states also impose child support obligations on parents for a year or two beyond this point if the child is a full-time student. If the parents are living separately, they each must still support the children. Typically, the parent who has custody meets their support obligation through taking care of the child every day, while the other parent must make payments to the custodial parent on behalf of the child — usually cash but sometimes other kinds of contributions. When parents divorce, the court almost always orders the noncustodial parent to pay the custodial parent an amount of child support fixed by state law. Sometimes, however, if the parents share physical custody more or less equally, the court will order the higher-income parent to make payments to the lower-income parent.

Custody (of a Child): The legal authority to make decisions affecting a child’s interests (legal custody) and the responsibility of taking care of the child (physical custody). When parents separate or divorce, one of the hardest decisions they have to make is which parent will have custody. The most common arrangement is for one parent to have custody (both physical and legal) while the other parent has a right of visitation. But it is not uncommon for the parents to share legal custody, even though one parent has physical custody. The most uncommon arrangement is for the parents to share both legal and physical custody.

Divorce Agreement: An agreement made by a divorcing couple regarding the division of property, custody, and visitation of the children, alimony, or child support. The agreement must be put in writing, signed by the parties, and accepted by the court. It becomes part of the divorce decree and does away with the necessity of having a trial on the issues covered by the agreement. A divorce agreement may also be called a marital settlement agreement, marital termination agreement, or settlement agreement.

Divorce: The legal termination of a marriage. All states require a spouse to identify a legal reason for requesting a divorce when that spouse files the divorce papers with the court. These reasons are referred to as grounds for a divorce.

Grounds for Divorce: Legal reasons for requesting a divorce. All states require a spouse who files for divorce to state the grounds, court, and whether requesting a fault divorce or a no-fault divorce.

Irreconcilable Differences: Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In many states, irreconcilable differences is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into what the differences actually are, and routinely grant a divorce as long as the party seeking the divorce says the couple has irreconcilable differences. Compare with incompatibility and an irremediable breakdown.

No-Fault Divorce: Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing but can simply state the couple no longer gets along. Until no-fault divorce arrived in the 1970s, the only way a person could get a divorce was to prove the other spouse was at fault for the marriage not working. No-fault divorces are usually granted for reasons such as incompatibility, irreconcilable differences, or irretrievable or irremediable breakdown of the marriage. Also, some states allow incurable insanity as a basis for a no-fault divorce. Compare with a fault divorce.

Premarital Agreement: An agreement made by a couple before marriage that controls certain aspects of their relationship, usually the management and ownership of property, and sometimes whether alimony will be paid if the couple later divorces. Courts usually honor premarital agreements unless one person shows the agreement was likely to promote divorce, was written with the intention of divorcing, or was entered into unfairly. A premarital agreement may also be known as a prenuptial agreement.

Property Settlement Divorce Agreement: An agreement made by a divorcing couple regarding the division of property, custody, and visitation of the children, alimony, or child support. The agreement must be put in writing, signed by the parties, and accepted by the court. It becomes part of the divorce decree and does away with the necessity of having a trial on the issues covered by the agreement. A divorce agreement may also be called a marital settlement agreement, marital termination agreement, or settlement agreement.

Right of Survivorship: The right of a surviving joint tenant to take ownership of a deceased joint tenant’s share of the property. See joint tenancy.

Split Custody: A custody arrangement in the case of multiple children, awarding sole custody of one child to one parent and sole custody of another child to the other parent. This arrangement is generally disfavored by judges because they are reluctant to split up siblings.