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Does Initiating A Divorce Affect Child Custody Or Child Support Matters?


On a temporary basis, initiating a divorce could affect child custody or child support matters. For example, if a client were to tell us that their husband is abusive and that he has never been the primary caretaker of the children, then we might be convinced that the client is dealing with an emergency situation. Under such circumstances, we could go into court ex parte (i.e., without the husband or his attorney present) and obtain a temporary no-contact order and have him removed from the home.

Within 10 days, the husband would need to go to court and tell his side of the story. If the court is convinced that our client’s affidavit and facts are true, then our client would retain the placement of the children and possession of the home and be able to stay there during the pendency of the divorce. However, if the judge decides that our client and the children are not in danger and that it was unnecessary to oust him from the home, then he would be allowed to return.

Will Initiating A Divorce Impact Alimony Or Division Of Assets?

Initiating a divorce will impact alimony or the division of assets. For example, if a party who has not worked for several years is the one who initiates a divorce, then they are going to seek spousal support. Divorce can be one of the most financially devastating experiences for both parties because instead of having a pooled income, each party will be working with half (or less than half) of what was in the pool of resources.

For more information on the impact of initiating a divorce in Rhode Island, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 401-589-5599 today.

Our senior attorney, Veronica Assalone, is proficient in Spanish, French, German, Italian and American Sign Language. Our office assistant speaks Spanish.