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Experiencing one divorce is difficult enough. However, a second divorce can be even more complicated and confusing. Dividing the assets becomes more difficult, child custody arrangement can be a nightmare and you may have lingering costs from your first divorce. Although a second divorce is painful in any circumstance, a compassionate Rhode Island divorce attorney helps ease your concerns.
Psychology Today reports that as many as 67% of second marriages fail. Second divorces face many of the same issues as first divorces, but with a few differences:
Distribution of property
Rhode Island is an equitable distribution state, meaning assets are distributed equitably but not necessarily equally. During divorce proceedings, you have to determine which property is marital and non-marital property. Any assets or property from your first marriage is considered your property and won’t be divided with your spouse. However, any appreciation on that property may be divisible. The courts also factor in the duration of the marriage and the parties’ contributions to the marriage when dividing property.
Child custody
In most cases where stepchildren are involved, the biological parent retains parental rights. Once divorced, the non-parent is only allowed visitation or custody rights where he or she has adopted the children or special circumstances exist. Both parents may seek custody of children born within the confines of that marriage.
Prenuptial agreements
Most Providence, RI divorce lawyers recommend creating a prenuptial agreement for a second marriage. A well-drafted premarital agreement will be ironclad, offering little chance for it to be contested in the event of the divorce.
Repeat divorces can be financially devastating if handled improperly. Second marriages typically involve older couples with higher assets. The division of retirement assets can negatively affect your future retirement plans. You may still have lingering alimony or child support to pay from your first marriage. Attorney costs and court fees can be draining in a complicated case.
For all your divorce needs, turn to Kirshenbaum Law Associates. We are ready to fight for your best interests in any divorce matters you may face.
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