Divorce Separation Attorneys RI: Gemma Law

Rhode Island Divorce Lawyers

Divorce is never easy. The breakup of families and the separation of loved ones is a complex process that requires intensely personal decisions. At Gemma Law Associates Inc., our compassionate Rhode Island divorce lawyers have helped many clients through this difficult process.

We give our clients a shoulder to cry on, a sympathetic ear when you need to talk, and a strong voice to advocate for your best interests.  We know that divorce can leave you at your most vulnerable, but we will stand strong for you.

Schedule a consultation with our experienced Rhode Island divorce lawyers today, and let us help you look to the future.

Why You Need a Skilled Rhode Island Divorce Lawyer

Rhode Island is an equitable distribution state, which means that property is distributed based on what the court considers to be equitable — not necessarily equal. There are multiple factors that a judge will consider in the division of property, but your share of any property — and the way child support is calculated — is at the court’s discretion.

It is imperative that you have an experienced Rhode Island divorce attorney on your side to help you navigate the legal process and represent your best interests in matters of:

  • Child custody: In Rhode Island, if you and your spouse cannot reach a child custody agreement, a family law judge will determine your child custody arrangement based on the “best interests of the child.” This may seem like a vague guideline, and it does give the judge a lot of discretion. However, that’s why having an experienced family law attorney on your side can help you make the appropriate arguments in your child custody case.
  • Child support: The State of Rhode Island determines this based on a child support formula that takes into account both parents’ income, health insurance premiums, other child support payments, day care expenses, and additional factors. The non-custodial parent may be required to pay through a Child Support Order that will require wages withheld from his or her paycheck. A knowledgeable Rhode Island child support lawyer can guide you through this process and the formula behind it.
  • Division of property: Property generally includes the family home, tangible items such as vehicles, and intangible property such as pension and retirement benefits. If you and your spouse cannot agree on how to divide your property, the court will make an equitable distribution based on many factors, including income, length of marriage, health and age, employability, and what’s in the best interests of the children. An experienced Rhode Island divorce lawyer can help you identify all of the martial property, including assets and liabilities, and stand up for your rights in court.
  • Alimony: This form of support may be granted on a temporary basis (rehabilitative alimony) or indefinitely. Among other factors, the court will take into account:
    • Length of the marriage
    • Conduct of both spouses during the marriage
    • Spouses’ income
    • Skills and employability
    • Other financial responsibilities each spouse is liable for
    • Age of any children who need to be cared for
    • Extent to which one party is at a disadvantage due to devotion to homemaking duties
    • Standard of living during the marriage
    • Ability of the other spouse to pay

The decisions that are made in these divorce proceedings will forever shape the rest of your life, particularly if you have children. A compassionate and dedicated Rhode Island divorce attorney can make a significant difference in the outcome of your case. Contact one of our seasoned family law attorneys at Gemma Law Associates Inc., today to schedule a consultation and discuss your future.

Grounds for Divorce in Rhode Island

In Rhode Island, you must declare the reason why you are divorcing. You can file on the basis of either fault or no-fault grounds.

  • No-Fault Divorce: This essentially means that you and your spouse don’t wish to claim abuse or neglect as a reason for your divorce. Instead you will use one of the following conditions as the cause for your divorce:
    • Irreconcilable differences
    • Living separately for at least three years
  • Fault Divorce: A divorce based on fault means that you or your spouse blames the divorce on some form of personal failing or inappropriate behavior. You must claim one of the following conditions for a fault divorce:
    • Impotency
    • Adultery
    • Extreme cruelty
    • Desertion
    • Drunkenness or drug abuse
    • Neglecting to provide for spouse
    • Gross misbehavior

The dedicated Rhode Island divorce attorneys at Gemma Law Associates Inc., will help you with the initial filing process, and we will stand by your side while we sort through the complicated and emotional issues of child custody, child support, property division, and alimony.

Preparing for a Divorce Consultation

We understand the stress and grief that come with beginning the divorce process. Although there is no way that we can carry your emotional burden, you can trust that our compassionate and professional family law attorneys will try to take some of the pressure off you as we handle all the details of your case.

For your initial consultation, we suggest you bring:

  • Your marriage certificate
  • Your most recent tax return
  • A list of your children and their dates of birth
  • A photo of your spouse
  • The name and address of your spouse’s employer
  • Your spouse’s address (if it’s different from yours)
  • A list of any questions you may have for us

A divorce consultation is an extremely private matter, and you can rest assured that when you speak with our attorneys, our conversations are kept in the utmost confidence.

Don’t Go It Alone — Get Help with Your Divorce Now

If you are filing for divorce or if your spouse already has, contact the knowledgeable and compassionate Rhode Island divorce attorneys at Gemma Law Associates Inc., to discuss your next steps. Our dedicated family law attorneys have been helping clients in Newport, Woonsocket, Providence, Cranston, Pawtucket, Warwick, and throughout the rest of Rhode Island for more than 45 years — and we want to help you.

Schedule a consultation now by calling us or filling out our online form.