| Divorce - Family Law
Joyce A.
Faraone is a
Rhode Island Divorce Lawyer
and Rhode
Island Divorce Mediator who handles ALL kinds of divorces --
from the friendliest, uncontested divorce where she represents one
of the parties whose spouse participates without an attorney, to the
most serious of divorce circumstances, including those requiring the
termination of parental rights.
Joyce is a Rhode
Island family law lawyer that defines the phrase "conflict
resolution" and is dedicated to helping couples keep the costs of a
divorce as low as possible.
The more a
couple can make their own decisions about their divorce, the more
they will stay out of court and the more money they will save! Ms.
Faraone uses her experience as a Rhode Island Divorce Lawyer to make
sure her clients' rights are protected and ALL the necessary issues
are discussed and resolved, while still allowing both parties to
maintain control over their agreement to the highest degree
possible. This is NOT the kind of law suit where a "windfall" check
is going to arrive at the end! The less parties spend on "fighting",
the less they will spend on attorney fees and the more money they
will have to divide between themselves!
Whether or not
a couple has children, FRIENDLIER IS CHEAPER! A divorce is a
life-impacting experience, and we help our clients see the "light at
the end of the tunnel!"
Joyce will
explain how Rhode Island judges deal with issues regarding basic
needs so that the couple can maintain the "status quo" while the
divorce is pending.
If the couple
has children, the prime questions are these:
1. Where
will the children live? CHILD
CUSTODY
2. How much will CHILD SUPPORT
be?
3. What kind of visitation of children will there be?
Studies show
that it is essential for children to know that they are not
responsible for their parents' divorce. Kids learn much about life
while watching their parents divorce: how to treat the opposite sex,
how to handle anger, how to compromise, how to handle
disappointment, how to overcome diversity, how to forgive, how to
make the best out of a bad situation!! Kids will use their parents
as role models and, later in life, whenever they face any problems
with their own relationships, they will act just like they saw their
mom or dad do!
The couple
will each be required to take a parenting class and to file the
original of the certificate of completion with the court. This is
not really about parenting as much as it is about the effects of
divorce on kids. We will provide a variety of acceptable classes so
that a client can choose one with the most convenient date, time and
location.
WHAT IF ITS
DOWNRIGHT UGLY?
Unfortunately, sometimes the circumstances are such that the divorce
requires a tough, aggressive legal approach. Even in these cases, a
client can be confident that Ms. Faraone will use her negotiating
and mediation skills to obtain the best result. Sometimes, a court
hearing and / or trial is necessary. Whatever it takes, any client
of Ms. Faraone can rely on her commitment and dedication to work
hard to get the best possible outcome! The parties may go to
DIVORCE MEDIATION
prior to trial. In this situation, Ms. Faraone represents her client
at the mediation, which would also be attended by the spouse and his
or her attorney.
This should be
differentiated from the situations in which Ms. Faraone acts as a
Rhode Island Divorce Mediator herself in order to facilitate an
agreement between two spouses and their respective Rhode Island
divorce lawyers.
Of course, our
office also deals with many Rhode Island family law issues in
addition to divorce.
Rhode Island follows "no fault" equitable distribution divorce
law. In essence, any party in a marriage can file for divorce
and they need not state any particular reason. As a result, the
most frequent reason stated for a divorce is " irreconcilable
differences." Typically, in a divorce the Court will generally
divide the "marital estate" on a 50/50 basis . The marital
estate is made up of everything the parties own and everything
the parties owe. If the conduct of one of the parties has been
egregious, then the Court has the discretion to deviate from
this 50/50 formula and award one spouse more. These are
generalized rules and each case is different. The Court
typically looks at a number of factors including, the length of
the marriage, the conduct of the parties and whether there are
any children from the marriage.
The Rhode Island family Court relies on a "tracking system" with
specified timelines for each. When a complaint for divorce is
filed it must be designated as either a "Nominal", which is an
uncontested divorce, or a Contested divorce. If a case is
filed
as a "Nominal" a date is given and the case is assigned for
hearing. If the case is designated as "Contested", then other
"tracking" timelines apply
Our Law Office
is dedicated to the practice of Family Law.
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