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Can a judge order my husband to sell stock in order to help with the mortgage?

ADDITIONAL INFORMATION:
I am separated from my husband and we are behind on our mortgage for the house in Warwick RI. We are currently 3 months behind on our mortgage payments and have been separated for 6 months. My husband is refusing to cash in $70K in stock to help pay the monthly mortgage. Can a judge order him to sell his stock?

ATTORNEY ANSWER:
Probably not. It would be unusual for a judge to order a tax qualified retirement plan to be liquidated to pay for marital debt. However, he can order your husband to be responsible for the debt and make him make payments toward the debt. He can also, force your husband to split his retirement plan with you so that you can then choose to do as you see fit with your share of the money. [Read more...]

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What are the guidelines for divorce in Rhode Island?

ADDITIONAL INFORMATION:
I left my husband in 1997 and we have been separated since. Do I still have to file for divorce or after so many years?

ATTORNEY ANSWER:
Yes, you absolutely need to file for divorce. Only a governmental entity like the State Government can actually grant a divorce. While you may be separated and “De Facto” divorced, you are still officially married. You still share your income, assets and debts together. You or your spouse can make a claim for contribution towards debts incurred while separated or a claim towards assets you may have created during the separation.

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