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What Is Legally Allowed In Terms Of Asset Protection When Filing For Divorce?


The wisest thing for any couple to do is draft and execute a prenuptial agreement prior to getting married. A prenuptial agreement protects premarital parties before they get married because it allows for them to contemplate what it would look like to get divorced. It gives them a chance to have those difficult discussions about their intentions for marriage, children, and assets. By having a mutual agreement about the terms of a potential divorce prior to marriage, couples can rest assured knowing there is a plan in place, and that they won’t have to deal with an expensive, time-consuming, and emotionally draining divorce process in the future.

Can My Spouse Do Anything To Stop A Divorce From Proceeding If They Do Not Want A Divorce?

The only thing that can stall a divorce for a significant amount of time is a federal order to stay the divorce proceedings, which may arise from a bankruptcy court.

How Does A Divorce Proceed When Both Parties Want A Divorce In Rhode Island?

Once the parties have an agreement, their lawyers will work to draft what’s called a marital settlement agreement or a property settlement agreement. This document is a contract that outlines all agreements related to the division of the marital estate and child custody and is enforceable in all courts. Once that document is reviewed by and deemed fair and equitable by each party, they freely and voluntarily sign and go before a court for a nominal hearing.

At the nominal hearing, both parties can expect to testify with respect to being in Rhode Island during the statutory required period. At least one spouse needs to have lived in the state of Rhode Island for at least one year prior to filing their complaint for divorce. They will also testify about when they were married, when they separated, and the grounds for divorce. Next, they will testify about the outline of their agreement with respect to their assets, debts, and children. If everything goes well, then they’ll never have to return to court. Their lawyers will prepare and file a decision based on the hearing. After 91 days to six months have passed since that hearing, there will be a final decree for divorce.

For more information on asset protection in a Rhode Island divorce, 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.