MISTAKES TO AVOID IN DIVORCE CASE
Mistakes to Avoid in Rhode Island Divorce
Legal Advice from an Experienced Rhode Island Divorce Attorney:
Divorce is never a comfortable experience but there are things you can do that will make the process worse than it needs to be. With the right legal help, we hope you can avoid these common divorce mistakes.
Rhode Island divorce attorney Kerry I Rafanelli has been helping clients through the process of divorce for more than 30 years. He’s seen the mistakes people make that cause heartache and cost money. He’s worked with other clients who managed to arrive at a “good divorce,” one in which the parties not only reach a satisfactory settlement agreement but also maintained a cooperative working relationship.
Mr. Rafanelli offers these tips on common mistakes to avoid in your divorce.
- Unrealistic Expectations– You want what you want, plain and simple. But your spouse also wants what he or she wants, and they, too, have legal rights. If you enter the divorce process with unrealistic expectations, you are going to spend more money and more time getting to a child custody arrangement or a spousal support agreement. That's money you need to move forward in your new life.
- Continuing to live together when you should be apart – This goes along with unrealistic expectations. Yes, it's financially difficult to maintain two households, but if you didn't get along before you filed for divorce, it's going to be even harder after. Staying in the same house usually increases hostility, which makes negotiations more difficult.
- Short-term thinking about long-term issues – The decisions you make during your divorce can bring you greater freedom and stability, or more stress and financial hardship. It's important, especially when it comes to the property settlement agreement, to look at your circumstances realistically. No matter how much you love your home, if it will be a constant struggle to pay the mortgage, it may not be in your best interest to keep it.
- Failing to disclose assets or lying on legal documents – It's tempting to fudge the truth a little – underestimating the value of an asset or accepting payments under the table. Financial dishonesty can come back to haunt you, though, if the opposing spouse's attorney finds out you have not made a full and accurate disclosure. Not only will you have to divide that asset but you could be penalized an additional 30% of its value.
- Failing to protect your interests in order to get along – While some people want to fight about everything, others don't want to fight at all. This could be a serious mistake. You deserve a life, too. You need some assets. You need your relationship with your children. While it may not be in your nature to engage in conflict, it is your lawyer's job to protect your interests. Let your lawyer watch out for you.
- Burdening your children with your negative feelings about their other parent – While it may be difficult to keep your feelings to yourself, it's important that you try, for your children's sake. Your children deserve to have their own relationship with the other parent. They deserve to feel loved and supported by both parents.
- Making your children feel they have to choose one parent over the other – This is a terrible predicament to put children in. It greatly increases their stress and anxiety in an already difficult situation and can have lasting bad effects.
Last but not least, failing to listen to your lawyer
This may sound self-serving coming from a divorce lawyer, but think about it. Your lawyer has extensive training and years of experience – Attorney Rafanelli has more than 30 years of experience – dealing with family court judges, other divorce attorneys, mediators, business valuators, appraisers, parents and children, angry spouses, depressed spouses, dishonest spouses. That experience is invaluable. Put it to good use. After all, you’re paying for it.
Put experience on your side in Rhode Island divorce court
Consult an experienced Rhode Island divorce attorney. Call Kerry I. Rafanelli, Attorney at Law, at 401-398-8388 or contact us online to schedule a consultation at our East Greenwich law office.
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Kerry I. Rafanelli
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Frequently
Asked Questions
Consult an experienced Rhode Island divorce attorney for answers to your questions. Call Kerry I. Rafanelli, Attorney at Law, at 401-398-8388 or contact us online to schedule your consultation at our East Greenwich law office.
Should I retain a lawyer if my fiancé's attorney has already drawn up a prenuptial agreement?
Both parties to a prenuptial agreement should be represented so that you can feel confident that the contract is fair to you.
Am I considered the parent once my adoption of a child is finalized?
At the completion of your adoption, you acquire all the rights and responsibilities of a parent–including making important childrearing decisions and providing your child with financial support. Your child gains all the rights as your natural children would have involving inheritance, immigration, government benefits and healthcare coverage.
Am I entitled to visitation rights as soon as I affirm my paternity of my child?
In most cases, you are entitled to visitation with your child, but you must file a petition with the court requesting visitation.
Am I entitled to child support as soon as the father's paternity is positively affirmed?
You are entitled to financial support from the father, but you must file a petition with the court requesting child support. You may be entitled to support from previous years as well.
What is the difference between guardianship and adoption?
Adoptive parents acquire all the rights of natural parents. Guardians have legal and physical custody, but are not considered the parents of the child and must periodically appear before the court to give updates on the child’s status. In some cases, the birth parents may retain their parental rights.
Is my former spouse permitted to move my child to another state?
A custodial parent must petition the court to relocate with your child to another state. You can object to the move and present evidence at a court hearing.
What does the court consider in relocation cases?
The court considers what is in the best interest of your child — including financial advantages of the move, educational opportunities, the existence of extended family in both locations, the nature of the child’s relationship with each parent, and the logistics of visitation with the noncustodial parent.
How can I learn more about family law?
Call Kerry I. Rafanelli, Attorney at Law or contact us online to schedule your no-obligation, free consultation and get the answers to all of your family law questions.