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Issues concerning the marital domicile and real estate are often the biggest issues that divorcing couples must resolve. The issues of real estate and divorce are often intertwined with complex issues concerning child custody, child support, marital division of assets, marital debt and other issues related to a divorce. This article only applies to Rhode Island Divorce.

1.) Real Estate and temporary use and possession of the marital domicile during the pendency of the divorce.

While a divorce is proceeding in court, there are several potential scenarios concerning the disposition of the real estate: (Please consult a lawyer / attorney concerning your legal options)

A.) Husband and wife reside together while the divorce is pending with or without children.

In many instances, husband and wife live together while the divorce is pending. In some cases, husband and wife live together out of financial necessity because the parties cannot afford to live separately. Other divorcing couples live together because they believe it is in the best interest of the child /children. Some people live together because both husband and wife refuse to leave the marital domicile.

If husband and wife are living together while the divorce is pending, they often reach an agreement as to who will pay the mortgage, taxes, insurance and other real estate related expenses.

In the event that husband and wife cannot reach an agreement then both parties have the right to file motion for temporary orders, asking the court to intervene and determine who will pay the mortgage taxes, insurance, utilities and other expenses for the marital domicile.

If the parties are not civil towards each other there is constant arguing or there is domestic violence / abuse it may become unworkable for the parties to continue living together. If either party is abusing drugs, alcohol or gambling then cohabitating during the divorce process may be unworkable. Either party has the right to file a motion for temporary orders asking for exclusive use and possession of the marital domicile while the divorce is pending.

If one of the spouse has no income and no ability to earn income then it is possible that the spouse who has income or earning capacity could be ordered to pay 100% of the expenses for marital domicile while the divorce is pending. This is especially the case if the unemployed spouse has minor children living at home.

One of the risks of living together while the divorce is proceeding is the that other party will file a restraining order or a complaint protection from abuse.

B.) Husband or wife vacates the marital domicile and there are no children.

If husband or wife voluntarily leaves the marital hime and the other party is residing on the premises then the parties have two options:

1.) Husband and wife reach an agreement, or

2.) Husband or wife files a motion for the court to determine who pays for the house. The person who vacated the house may be ordered to contribute towards the mortgage taxes, insurance and upkeep etc., if any.

If the parties cannot agree then either party can file a motion for temporary orders seeking contribution towards the mortgage taxes, insurance, and upkeep for the marital domicile. The Rhode Island Family Court will then make an equitable determination of who should pay the mortgage taxes and insurance for the marital domicile. How the Family Court decides this issue, depends on several factors including perhaps most importantly, the income and earning capacity of each of the parties. One Judge in the Rhode Island Family Court consistently rules that the spouse remaining in the marital domicile must pay the 1st $850.00 of the mortgage as rent and the parties split the remaining mortgage taxes and insurance 50/50.

C.) One spouse vacates the marital real estate, while the other spouse resides in the marital real estate with a child or children.

The parent who has temporary physical placement (physical custody) of the child/children will have the right to receive child support as well as the potential to obtain contribution to the mortgage taxes, insurance, and upkeep for marital domicile.

If the parties can agree to the correct child support amount and the contributions towards the mortgage, taxes, insurance for the property then a motion for temporary order may not be necessary.

If the parties cannot agree, the court will determine the correct child support amount using the Rhode Island Child Support Guidelines. The cost of daycare and medical expenses is factored into the Rhode Island (RI) child support guidelines. The court may also order that the spouse who vacated the property contribute to the mortgage, taxes and insurance for the marital domicile.

The courts main purpose is to preserve the marital domicile until the divorce trial can be heard. The amount of the child support and contributions to marital domicile will be highly dependent on the income and earning capacity of the parties as well as a particular circumstances of a case. If the spouse who lives with the children has no job and no ability to earn income and no earning capacity it is possible that the other spouse may be required to pay over and above the child support amount to maintain the status quo so that the other spouse is able to maintain the marital domicile.

The primary goal of a Rhode Island (RI) Family Court Judge is to preserve the marital assets until either a complete settlement is reached or the divorce can be decided after a full trial on the merits.

Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.

David Slepkow is a Rhode Island (RI) lawyer concentrating in divorce, family law, child support, alimony, adoption, custody and visitation. David has been practicing for over 11 years and is licensed in Rhode Island, Massachusetts and Federal Court.

Achieving a successful home based business stands out as the goal of any home business entrepreneur. One can find numerous tips, ebooks, and websites that provide advice regarding how to do it. But I believe that all this information, as important and as required as it is, can be grouped into five broader categories. You need a purpose, passion, a plan, persistence in carrying out that plan, and patience to wait for the plan to work.Purpose- The first step is easy. It’s the reason you went looking for a successful home based business to start with. Write down the reasons you want or need to work from home as well as what you will do with the extra income you make. Read these reasons aloud first thing in the morning and the last thing at night. You may even put pictures on a poster board to remind you of what you will do with the extra income and place it somewhere in the house where you will see it regularly. Think of them during the day. Doing this will lead naturally to the next step, which is passion.Passion- Napoleon Hill said, “Desire is the starting point of all achievement, not a hope, not a wish, but a keen pulsating desire which transcends everything.” When you develop a strong purpose or desire to work at home, it will lead to a deep, burning passion to succeed. That desire will carry you through failures, by people who tell you can’t do it, and it will help overcome your own doubt. One thing that is hardly ever mentioned to those who are starting their home based business is the need for personal development. A person needs to grow just like their business grows.Plan- Everyone knows the saying, “He who fails to plan, plans to fail.” That holds true for a successful home based business. I don’t know how many people, including myself, have started a home business opportunity without having any idea, or attempting to get an idea, of what to do to be a success. The way to develop a plan is beyond what I will attempt to say here but I will make 4 points. First, the plan needs to written down. A written plan holds a person accountable and gives you a track to run on. Secondly, utilize a mentor, if possible, that will help you come up with a written business plan. A mentor can be someone involved your home based business, someone who already has a successful home based business, or it may be someone that will do it for a fee. Thirdly, the plan should be goal oriented. Goals need to be specific and have a definite date for completion. And finally, be fairly flexible with your plan. You may need to make some modifications to it especially if something just isn’t working. But the main thing is to keep a written plan in place at all times.Persistence- My favorite way to describe persistence is sustained effort. Once a plan is in place, it must be carried out, continually. Create a schedule to carry out your plan and do your absolute best to stick with it. Treat your own home based business like a full time job and eventually you’ll harvest the rewards of a full time occupation. Get the mindset that just as you have to go to your regular occupation on certain days at certain times, you need to work at your home based business on certain days at certain times.Patience- Finally, after the plan is created, and the schedule is laid out and you become persistent in carrying out your plan, you must be patient. This is a world of instant gratification. We want and can get most everything quick. But a successful home based business is not going to happen overnight. It has been said time and again that creating a successful home based business is really a marathon, not a sprint. Too many people quit just before they’re about to see results. Be prepared to stick it out for the long haul.I don’t know of a magic way to make money online. But I definitely believe that one can achieve a successful home based business by having a stated purpose, developing a burning passion to succeed, setting up a firm plan, being persistent in carrying out that plan, and by having the patience to wait for it to achieve its potential. And although there are hundreds of more detailed tips on creating a successful home based business, these are five easy ones to keep in mind.