How is property divided in a divorce?

In Rhode Island, property division during a divorce is determined by equitable distribution. Equitable distribution means that the court divides the marital property in a fair and equitable way, not necessarily equal. The court will consider a variety of factors in determining how to divide the property, including the length of the marriage, the economic circumstances of each party, and any contributions made by either spouse regarding their marital assets. In addition, the court may consider any debts incurred by either party during the marriage, pre-marital assets of each spouse, and any other factors the court deems relevant. To ensure a fair division of property, each spouse will submit a financial affidavit to the court about their marital assets and debts, and the court will analyze their financial situations. After the court takes these factors into account, it will then assign a fair value to each asset, and divide the assets and debts among the parties. It is important to note that Rhode Island specifically states that property is not to be divided in terms of percentages, but rather in terms of what is fair and equitable. Finally, the court may also award one party a greater share of the marital property if the other party is found to have committed marital misconduct, misappropriated funds, or otherwise abused their rights in relation to the property division. When it comes to property division in divorces in Rhode Island, the court will strive to create a fair and equitable outcome for both parties.

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