HCA Law LLCHCA Law LLC2026-03-10T09:30:31Zhttps://www.hcalawri.com/feed/atom/WordPress/wp-content/uploads/sites/1303127/2022/10/cropped-siteicon-32x32.pngOn Behalf of HCA Law LLC<![CDATA[When one spouse intentionally diminishes their marital estate]]>https://www.hcalawri.com/?p=469022025-06-22T19:51:42Z2025-06-22T19:51:42ZWhat behaviors may constitute dissipation?
There are a variety of inappropriate actions that can diminish the value of the marital estate. The dissipation of marital property typically involves intentional actions that affect shared resources, possibly while simultaneously damaging the marital relationship.
Frequently, dissipation involves unusual financial conduct immediately before filing for divorce or in response to the divorce. One spouse goes out on a spending spree. They empty bank accounts or max out credit cards buying unnecessary items or resources intended for them to live separately. They diminish the marital estate out of spite or for their own benefit.
Other times, people actually destroy assets. They could throw items away, thus depriving both spouses of their value. They might give assets away to others or sell them for far less than their fair market value.
Dissipation can also involve the use of marital resources for purposes that damage the marital relationship. Funds spent on gambling or substance abuse might theoretically constitute dissipation. People can also typically claim any amount of money spent on an extramarital affair as dissipation.
Those hoping to hold a spouse accountable for dissipation may need support as they review financial records and prepare for court, and that’s okay. Establishing that dissipation occurred can help people improve the overall fairness of a property division settlement.]]>On Behalf of HCA Law LLC<![CDATA[How can parents fund a special needs trust?]]>https://www.hcalawri.com/?p=469012025-05-28T22:58:59Z2025-05-28T22:58:59ZMany funding sources are available
People who have enjoyed intergenerational wealth or who are highly successful in their own careers may have the resources on hand to provide direct funding for the trust at the time of its creation. They can use specific financial accounts or investment holdings to fund the special needs trust.
It is also common to make arrangements for the home where the child with special needs lives to transfer to the trust either at the time of trust creation or upon the passing of the parents. That way, the child can continue living in the same environment indefinitely and remain connected to their social support system.
When people do not have enough capital to fund the trust immediately, they can make alternate arrangements. Naming the trust as the beneficiary of a life insurance policy is a common tactic. After parents die, the payout for their life insurance policy can become the primary funding for the trust.
People can also make arrangements to fund the trust over time based on their income and current investment holdings. The best solutions depend on the family’s resources and circumstances, but even those without tens of thousands of dollars in resources to commit can establish special needs trusts.
The support needs of a child with special needs and the unique financial circumstances of their family influence the best funding solutions for a special needs trust. Reviewing goals and resources at length with a skilled legal team can help parents provide their children with special needs with financial stability and the support of a trustee when they can no longer offer direct support.]]>On Behalf of HCA Law LLC<![CDATA[3 ways a spouse’s mental health challenges can complicate divorce]]>https://www.hcalawri.com/?p=469002025-04-29T17:54:47Z2025-04-29T17:54:47ZPreventing people from filing
One spouse may recognize that the marriage is unsustainable or unhealthy. However, they may feel trapped because they don't want people to think of them as having abandoned their spouse. They may worry, for example, that a spouse with mental health challenges may not be able to support themselves or could lose access to their medication if they no longer have health insurance. People may need support overcoming their guilt and fear if they want to divorce a spouse with mental health challenges.
Inspiring erratic behavior
Divorce is an extreme form of stress and also a type of trauma. It can affect everything from an individual's sense of self to their connections with other people. Divorce can potentially worsen pre-existing mental health issues and cause depression. The stress of divorce may result in people relapsing when they have substance abuse disorders or becoming more erratic and unpredictable if they have personality disorders, such as narcissistic personality disorder. People may need to prepare to protect themselves if they worry that their spouse could become volatile or even violent because of their decision to divorce.
Complicating custody matters
A parent with a mental health disorder may not be capable of consistently meeting the needs of minor children without the support of a spouse. While they may be safe around the children within the family home, the other parent may worry about how they may comport themselves during independent parenting time. It may be possible to limit one parent's overnight time with the children or convince the courts that supervised visitation is necessary for the safety of the children. However, pursuing such unusual custody arrangements usually requires proof of the issue. Parents who want to protect their children from a potentially dangerous situation may need to delay a divorce filing until they have gathered evidence and developed a strategy.
Discussing the mental health challenges of a spouse with a skilled legal team can help people prepare for the challenges ahead of them during divorce proceedings. With the right support, people can leave an unhealthy situation and focus on enjoying a brighter future.]]>On Behalf of HCA Law LLC<![CDATA[Deciding between no-fault and fault-based divorce]]>https://www.hcalawri.com/?p=468982025-03-27T11:01:33Z2025-03-27T11:01:33Zgross misbehavior and wickedness.”
Is choosing a fault-based divorce ever the better option?
People often think they have a better chance of getting spousal support or a larger share of the couple’s assets if they can accuse a spouse of wrongful behavior, like adultery. Sometimes, unfortunately, they just want to embarrass their spouse by making an issue like substance abuse public by getting it in the court record.
Judges may or may not take fault, assuming it’s proven, into account when making decisions around support, custody and property division and other matters. Specifically, Rhode Island law states that a judge may consider the “conduct of the parties during the marriage” in their orders and rulings.
It’s wise for the spouse citing a fault to tie that fault to what they’re requesting. For example, if the other spouse has a substance abuse problem or has been verbally and/or physically abusive, that’s relevant to what kind of parenting rights they should be granted, if any. If a spouse has spent many thousands of dollars over the years on drugs or extramarital affairs or has failed to do their part to support the family, that can be an argument for getting a larger share of marital property.
Deciding whether to seek a no-fault or fault-based divorce is a process that should be influenced by the unique circumstances of each couple and their marriage. Getting sound legal guidance before filing for divorce can help spouses determine which option is better for them uniquely.]]>On Behalf of HCA Law LLC<![CDATA[What is matrimonial bankruptcy?]]>https://www.hcalawri.com/?p=468972025-03-03T21:11:32Z2025-03-03T21:11:32ZMatrimonial bankruptcy occurs when financial difficulties intersect with divorce, creating a complex legal situation that affects both spouses. When one or both spouses face overwhelming debt during or after a divorce, filing for bankruptcy may be an option to alleviate financial burdens.
Divorce and bankruptcy are often linked, as the financial strain of dividing assets, paying spousal or child support, and maintaining separate households can push one or both spouses into financial distress. The timing of a bankruptcy filing can significantly affect the divorce process:
Filing Before Divorce: If both spouses are struggling with debt, filing for joint bankruptcy before divorce may simplify financial matters by eliminating shared debt. This approach can make asset division easier since fewer debts remain to be assigned to each spouse.
Filing After Divorce: If only one spouse is financially struggling post-divorce, they may choose to file bankruptcy individually.
It is worth noting that if a divorce decree assigns certain debts to one spouse, but they later file for bankruptcy, creditors may still pursue the other spouse for repayment if they co-signed on the debt.
Taking action
There are two primary types of bankruptcy individuals can file when facing financial hardship during or after divorce:
Chapter 7 Bankruptcy: Chapter 7 is often a faster process but may require liquidating some assets to pay creditors. Only lower-income couples or individuals will qualify for this opportunity.
Chapter 13 Bankruptcy: This form of bankruptcy restructures debt into a repayment plan lasting three to five years. It allows individuals to catch up on missed payments, such as mortgage or car loans, while keeping their assets. This may be beneficial for a divorced spouse who wishes to retain property while managing debt, not for couples who hope to file for bankruptcy quickly post-divorce so that they can disentangle their finances from each other’s.
Determining which type of bankruptcy to file, and when, can impact one or both spouses significantly during or post-divorce. Every case is unique and this area of law is notoriously complex. Therefore, seeking legal guidance before committing to a particular approach is generally wise.
]]>On Behalf of HCA Law LLC<![CDATA[What debts can people exclude from division in a divorce?]]>https://www.hcalawri.com/?p=468952025-01-28T22:04:15Z2025-01-28T22:04:15ZDebts predating the marriage
Financial obligations that either spouse took on prior to getting married typically remain their separate responsibility after divorce. For example, one spouse's student loans from before marriage are still their separate responsibility after the divorce. Credit card balances and other debts that originated before the divorce or after the spouses separated may not be part of the property division process.
Debts created through dissipation
Spouses should not intentionally damage the marital estate. If one spouse can prove that the other engaged in unusual amounts of spending to manipulate the property division process, they can potentially ask the courts to exclude those debts from property division proceedings.
The same might be true of debts that one spouse took on to conduct an extramarital affair. Credit card balances accrued paying for vacations or hotel rooms while cheating may not factor into the overall property division process.
Debts incurred in secret for personal reasons
Sometimes, one spouse has to hide their economic activity from the other because of domestic violence or financial abuse. They start a secret credit card so that they can buy groceries for their children. In such cases, even hidden debts could be part of the marital estate because the goal was to support the family.
However, cases involving financial infidelity or intentional misrepresentation of financial conduct could result in the courts excluding certain debts. If one spouse lies to the other about their spending habits and hides their debt during the marriage, it may be possible to prevent the inclusion of those financial obligations in the marital estate.
Conducting a thorough financial review with a skilled legal team is often crucial for a fair divorce outcome when there is a complex marital estate at issue. People who identify inappropriate debts on financial disclosure documents can potentially hold their spouses accountable for financial misconduct during a divorce.]]>On Behalf of HCA Law LLC<![CDATA[How are assets divided in a Rhode Island divorce?]]>https://www.hcalawri.com/?p=468942025-01-05T19:57:05Z2025-01-05T19:57:05ZOne of the biggest issues when a couple divorces is child custody and support. However, one of the second most common discussions between divorcing couples is property division. Typically, both parties have some idea as to how assets should be divided.
To help you understand how assets are divided in Rhode Island, it is important to understand property division laws. Here is what you should know:
What is separate and marital property?
First, it is important to differentiate your assets. There are two types of assets in a marriage: separate and marital property. Separate property includes any assets that were obtained prior to marriage, such as an art collection, clothing or debt. Gifts and inheritance may also be considered separate property.Marital property includes assets acquired after marriage. Some common marital assets include investments, business gains, tax refunds, vehicles and real estate. The difference between separate and marital property is often key in determining who gets to keep what after a divorce.
What is equitable distribution?
In Rhode Island, assets are divided by equitable distribution laws. Unlike other states that divide assets evenly (50/50), Rhode Island's laws state assets are divided by what is fair. What this means is that a judge may consider a few facts before dividing assets. Some common factors that can influence asset division include:
The cause of a divorce
Length of a marriage
Income and savings of both parties
Financial contributions by both parties
Education and training of both parties
Age of both parties
Custody of children
A couple can work together to decide how assets are marital divided. However, if a judge reviews the agreement and believes it is unfair or has issues, then they may request a new agreement. If a couple cannot agree to the division of property, a judge may make a ruling for them.
How can you protect your assets?
There are ways to predetermine where assets go after a divorce. For example, a couple may agree to a prenuptial or postnuptial agreement. These agreements can help couples decide what assets they stand to keep after a divorce, such as business investments or debt.Couples can seek out legal guidance to help them protect their assets and work through a divorce. ]]>On Behalf of HCA Law LLC<![CDATA[Why couples pursue matrimonial bankruptcy before divorce]]>https://www.hcalawri.com/?p=468892024-12-03T02:36:32Z2024-12-03T02:36:32ZWhat is matrimonial bankruptcy?
Married people with significant financial obligations have the option of filing for bankruptcy as individuals or jointly as a married couple. The decision to file for matrimonial bankruptcy can help both spouses eliminate separate debts and can result in the discharge of shared financial obligations, like joint credit cards.
Bankruptcy provides an automatic stay that prevents collection activity after people first file. A successful bankruptcy also leads to the discharge of any remaining amounts due on eligible debts, which can free people from the burden of repaying marital debts after the divorce.
Why do people discharge debts instead of dividing them?
Matrimonial bankruptcy can be beneficial for several reasons. Each spouse can enjoy a fresh start after the divorce. They can focus on rebuilding instead of worrying about paying off marital debts for years to come.
Matrimonial bankruptcy is also beneficial because it eliminates the possibility of one spouse defaulting. People sometimes fail to pay what they should even when subject to a family court order making them responsible for a joint credit card.
If the party ordered to pay the debt defaults or files for bankruptcy, the other spouse could be subject to collection activity or legal action. The decision to eliminate those shared debts through matrimonial bankruptcy eliminates the possibility of financial misconduct that could harm either spouse after the divorce.
Exploring solutions for financial issues, including matrimonial bankruptcy, can be beneficial for those preparing for divorce. The elimination of marital debts can make it easier for couples to fairly divide the property and remaining financial obligations included in the marital estate.]]>On Behalf of HCA Law LLC<![CDATA[Why property division can be more complex for same-sex couples]]>https://www.hcalawri.com/?p=468882024-10-30T14:55:40Z2024-10-30T14:55:40Zenacted state-level laws before the Supreme Court ruling. Still, it has only been slightly more than a decade since the state began acknowledging same-sex marriages. Same-sex divorce remains a relatively new area of law. The courts are still establishing precedents in cases that may feature unique circumstances when compared with heterosexual divorces.
How same sex-divorces are different
As is the case with heterosexual marriages, a significant portion of same-sex marriages end in divorce rather than in the death of one spouse. In general, the same basic laws apply in a same-sex divorce scenario as in a heterosexual divorce scenario.
Same-sex couples may lack certain complicating factors present in many heterosexual divorces. They may not have child custody matters to negotiate, and orders of alimony or spousal support may be less likely because both spouses may have worked throughout the relationship. However, they may face a more complicated property division process in some cases.
Couples may have committed before the marriage was legal
In heterosexual marriages, property division matters are straightforward. The marital estate consists of all assets acquired during the marriage and with income earned during the marriage. Assets accumulated before the marriage may be the separate property of either spouse that is not subject to division.
Same-sex couples who committed to each other and cohabitated prior to the state legalizing same-sex marriage may have commingled their assets and supported each other before they could legally marry. As a result, they may need to do a more in-depth financial analysis to ensure that they fairly and appropriately divide their property when they divorce.
Those preparing for a same-sex divorce may need help learning about the law and evaluating their marital estates. Recognizing the potential for complicating factors and understanding the basics of equitable distribution can help people navigate complex divorce proceedings. The duration of their relationship and other factors can influence the fairest way to divide marital property and debts.]]>On Behalf of HCA Law LLC<![CDATA[What the state must prove to convict a driver of a DUI offense]]>https://www.hcalawri.com/?p=468872024-09-30T13:56:18Z2024-09-30T13:56:18ZThe state need only establish that a technical violation occurred
Some people think they can fight DUI charges by establishing how good they are at driving or how high their alcohol tolerance is. Even though they may have failed a chemical test, their driving and performance on field sobriety tests may have been relatively normal.
Contrary to what some people expect, the state does not need to establish that a driver demonstrated an inability to control a vehicle or drive safely to justify DUI charges. Instead, prosecutors need only convince the courts that the driver was over the legal limit for their blood alcohol concentration (BAC).
For most adult motorists, the BAC limit that applies is 0.08%. Anyone with a BAC at or above that threshold is at risk of prosecution and possibly a conviction. The state does not need to establish that someone drove poorly or that alcohol in any way affected their ability at the wheel.
That being said, when all the state has to build its case is a failed chemical test, a driver may have more opportunities to fight their pending charges. It may be possible to set aside test results when a police officer did not have a legal justification for stopping a driver. Sometimes, defense strategies might involve providing a medical explanation for why a driver failed the chemical test. Other times, there may be questions about the accuracy of test results.
Discussing what led to DUI charges with a skilled legal team can help defendants focus on strategies that can help them avoid a conviction. A failed chemical test may be grounds for an arrest but does not guarantee a prosecutor's success at trial.]]>