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Divorce? 30 - 45 with kids and unhappily married.

You may feel that you are not in a good place and believe that a Rhode Island Divorce is in your future. You and your spouse may be arguing and the love that brought you together may have left the relationship. Emotions run high and unhappiness creeps into the rest of your life.

Numerous questions are on your mind and well-meaning friends and family want to give you free advice about how to plan for a RI Divorce. I have found that much of this advice is well-meaning but wrong. Here are some snippets I have heard:

· We argue all of the time, even occasionally in front of the kids. My friend tells me that if I move out, it will be considered abandonment and I will lose any rights to the house. This is wrong. If you need to protect your children from ongoing fights that make scare the children, then you may have to move out. If you are the main caretaker of the children, you may need to take them with you. This assumes that there is no existing court order prohibiting a move or awarding a different custody order. Just because you move out, does not mean that you have given up your right to an equitable distribution of the home you own or was bought during the marriage.

· My divorced brother tells me that if my spouse and I have the children an equal amount of time, I will not have to pay child support. Again, this is not true. Rhode Island, like most states, have child support guidelines that allow a Judge to use discretion in modifying the child support amount when there is shared parenting. However, unless both parties have very similar income, there will likely be a child support amount awarded.

· My friend told me that my spouse must cover me and the children on his health insurance through his work. Unfortunately, this may not be true as it relates to a divorced spouse. Many employers, including the State of Rhode Island, no longer will provide continued health insurance after the divorce. This becomes a problem that needs to be resolved through negotiation as most replacement insurance can be expensive.

We meet these issues on a regular basis, whether we represent you in a divorce or we are the neutral mediator helping you resolve the differences in a private confidential setting using less time with a focus on helping you communicate your concerns and needs, leading to a fair and reasonable resolution.

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Law Office of Steven J. Hirsch, Esq

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100 Jefferson Boulevard Suite 315 Warwick, RI 02888 Phone: 401-287-2079 Fax: 401-352-0029 Warwick Law Office Map

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