Effects of Infidelity on Divorce in Rhode Island
Do you need a simple and straightforward response to this query? The answer is yes. Infidelity does affect divorce in Rhode Island. Rather than a community property state, it is an equitable distribution state. It means that a judge splits the marital assets and debts. This happens in accordance with the policies of fairness and equity.
Will infidelity be considered in Rhode Island for dividing assets and debts?
A judge will absolutely consider the infidelity of a spouse when identifying how to split the assets and debts. However, you will have to prove that infidelity has been alleged conduct. It means that you should provide video or audio proof. Even, it can happen with a simple admission from the defaulting spouse.
When will a judge be unwilling to contemplate infidelity issues?
At times, a judge will be unwilling to contemplate infidelity. This might happen except when the marital estate permits the matter. Let us consider that you have a joined marital estate of $50,000 in assets. In this case, the judge will not be bothered by debating these problems. The crucial aim for this consideration is that infidelity is rarely worth more than about a 10% shift in the marital asset distribution.
In the example above, even distribution would mean that each of you will get $25,000. Nevertheless, in case, infidelity of your spouse is proven, you will get $30,000 against $25,000. The additional $5,000 is hardly worth the emotional, monetary and time costs of a disputed divorce.
Types of divorce:
When it comes to divorce, there are a couple of kinds. They are fault-based and no-fault divorce. The latter does not need the partner asking for a separation to prove that the other partner did anything wrong. This is generally the easiest method to get separated. Some states in the United States offer no-fault divorce without any waiting period. On the other hand, some states need the couple to stay separated for a given period to file a no-fault divorce. Here, Rhode Island is a state, where the latter rule is followed. However, some couples do not show interest in waiting for long.
If you wish to get an immediate divorce in Rhode Island, you will have to go for a fault-based divorce. But, if you are the party seeking divorce on this ground, you will have to prove that the other person is the reason for the relationship to fail. Some common grounds for fault encompass confinement in prison, cruelty, adultery, and desertion.
How a no-fault divorce settlement is affected by Marital Infidelity?
When you choose to apply for a no-fault divorce, the infidelity is rarely regarded in the alimony or settlement proceedings. The court will not consider any events that happened at the time of the wedding. This will happen when identifying how the assets are distributed or alimony payments made. Nevertheless, infidelity in the wedding relationship can impact out-of-the-court negotiations. In some situations, the victimized couple can use the affair as leverage. On this ground, this partner can claim more money from the cheating partner. In case, you have caught your spouse cheating, you should consider a fault-based divorce in the first place.
Even in a no-fault divorce, a wife or a husband can apply for an in-equal share of the marital assets. This should happen in accordance with the Rhode Island Equitable Distribution statute. Defaulting is one of the many factors to identify how marital debts and assets are determined in this state.
But, a fault is only considerate if it is proven that it is the reason behind the separation. Defaulting in wedding relationship can also play a very small role in identifying whether or not one of the partners is entitled to alimony or spousal support in Rhode Island.
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