Sample Rhode Island Marital Separation
How does Legal Separation Work in Rhode Island?
If you feel like you are meant to lead your lives together in holy matrimony and that a divorce, a termination of all that you shared, isn’t going to cut it, then you should consider a legal separation. Legal separation refers to the last hope, the one last thing you can do to salvage your marriage. It is also a great alternative if you want to remain married to each other forever, but you want to stay separated.
In Rhode Island, a legal separation gives you room to think and breath without having to commit to major marital decisions.
Understanding Legal Separation in Rhode Island
The Rhode Island Marital Separation Agreement establishes the rules and the guidelines for all the aspects of your life, the lives of your children, and your spouse’s life. Looking at legal separations, the guidelines followed pretty much mimic those applicable in divorce procedures. For legal separation to work, you and your spouse have to live apart.
Key aspects of a legal separation
Children – this is the big issue: who gets primary custody of the children? Through the separation agreement, you will have to establish a balanced visitation schedule. The issue of the primary custodian getting child support is discussed as well.
Spousal support – this consideration ensures that both parties live comfortable lives apart. It means providing to the spouse that makes less income than the other. The Marital Separation Agreement in Rhode Island is fair in that, neither one of the spouses should worry about their basic expenses during the separation.
Housing arrangement – your legal separation is only considered official by the Rhode Island divorce court only if you live apart. So, you should take about housing when you consider a legal separation.
Is there property division under legal separation in Rhode Island?
In Rhode Island, the issue of property division, or the complete lack thereof makes legal separation process different from what happens in other states. This law also marks the difference between legal separation and divorce which is: in a legal separation, your marriage still exists. As such, marital property exists. This means that, if you receive an inheritance during the period of separation, the inheritance goes into your shared assets. Also, if your spouse gets into credit card debt in the course of the separation, you share the debt in half. In Rhode Island, the closest you get to property division is deciding who keeps living room furniture!
This is why it is important that you decide after thinking about everything so that at the time of separation, the spouse needing support is ready with furniture and a place to stay.
How to end your legal separation
For some married couples, legal separation never ends. Among other reasons, some people have religious and philosophical reasons for not ending their marriages although they stay apart.
For other couples, legal separation comes to an end eventually. If things work out during and at the end of the separation agreement, then you can dismiss the separation agreement. You have to file for its removal and the reinstatement of your marriage.
On the other hand, if the separation makes you realize that you are better without the other person, you can ask for a divorce by filing this request with the court. Note that your spousal consent isn’t necessary for you to file for a divorce and to end the legal separation. Note that divorce isn’t automatic because you have to go through the whole property division aspect.
If you are unsure about the future of your marriage and you think that some time apart may help you both make a final decision, consider filling above steps to get a copy of sample marital separation agreement for your case.
Whether you live in Providence, Warwick, Cranston, Pawtucket or any other city of Rhode Island, you can use our legal forms easily.