Rhode Divorce & Family Law Summary
Deciding to file for divorce is a life-changing and difficult decision.
Understanding Rhode Island’s divorce laws is an important first step to being informed of the divorce process. It will help you through the complexities of divorce, from property division to child custody and support obligations.
This summary will guide you through many of Rhode Island’s divorce laws, highlighting key considerations and decisions you will need to make as you proceed.
If you are seriously considering a divorce, the sooner you consult a local and experienced divorce lawyer, the more prepared you will be to make informed decisions concerning your options.
Georgia divorce legal topics will be discussed in the following order:
- Residency Requirements
- Legal Separation
- Grounds for Divorce
- Mediation
- Property Distribution
- Child Custody
- Child Support
- Legal Name Change
Residency Requirements
To meet the residency requirement in Rhode Island, the plaintiff must show one of the parties has been a domiciled inhabitant of the state and has resided in the state for one year before filing the complaint to terminate the marriage.
In cases in which the spouses have been legally separated and still married Married, at least one of the parties must have been a bona fide resident and domiciliary of Rhode Island for at least two years preceding the commencement of the divorce action. It’s important to note that limited divorces are less common than absolute divorces.
Legal Separation
Legal separation is allowed in Rhode Island so long as the petitioner is a resident of the state, and both parties have agreed to the separation,
Grounds for Divorce
Rhode Island allows divorcing parties to use either fault or no-fault grounds as the legal basis for their divorce.
No-Fault Divorce
A no-fault divorce, also referred to as an uncontested divorce, can be obtained by declaring irreconcilable differences between the parties or that you and your spouse have been separated for three years without reconciliation. All property and alimony issue claims must be resolved before obtaining a final divorce decree.
Fault Based Divorce
The fault option is statutorily based and is known as a contested divorce. It is often used for legal positioning because it makes bad past behavior or good behavior relevant to the case. Therefore, the litigant hopes it will influence the judge on issues of alimony and property division.
Fault grounds can be pursued under the following causes:
- Impotency
- Adultery
- Extreme cruelty
- Willful desertion
- Continued drunkenness
- The chronic, excessive, and intemperate use of opium, morphine, or chloral
- Neglect
Mediation
The family court may direct the parties to participate in mediation to resolve their differences as to issues of custody and visitation.
Property Distribution
Rhode Island is an equitable distribution state, meaning that property will be distributed equitably, not necessarily equally.
In determining the value of the property, the court will consider, but are not limited to the following factors:
- The length of the marriage
- The conduct of the parties during the marriage
- The contribution of each of the parties during the marriage in the acquisition, preservation, or appreciation of the value of their respective estates
- The contribution and services of either party as a homemaker
- The health and age of the parties
- The amount and sources of income of each of the parties
- The occupation and employability of each of the parties
- The opportunity of each party for future acquisition of capital assets and income
- The contribution by one party to the education, training, licensure, business, or increased earning power of the other
- The need of the custodial parent to occupy or own the marital residence and to use or own its household effects taking into account the best interests of the children of the marriage
- Either party’s wasteful dissipation of assets or any transfer or encumbrance of assets made in contemplation of divorce without fair consideration
- Any factor that the court shall expressly find to be just and proper
Alimony
Alimony may be awarded to either party. Alimony is designed to provide support for a spouse for a reasonable length of time to enable the recipient to become financially independent and self-sufficient. However, the court may award alimony for an indefinite period when it is appropriate at the court’s discretion.
In determining the amount of alimony, the court shall consider the following:
- The length of the marriage
- The conduct of the parties during the marriage
- The health, age, station, occupation, amount and source of income, vocational skills, and employability of the parties
- The state and the liabilities and needs of each of the parties
- The extent to which a party was absent from employment while fulfilling homemaking responsibilities, and the extent to which any education, skills, or experience of that party have become outmoded and their earning capacity diminished
- The time and expense required for the supported spouse to acquire the appropriate education or training to develop marketable skills and find suitable employment
- The probability, given a party’s age and skills, of completing education or training and becoming self-supporting
- The standard of living during the marriage
- The opportunity of either party for future acquisition of capital assets and income
- The ability to pay for the supporting spouse, taking into account the supporting spouse’s earning capacity, earned and unearned income, assets, debts, and standard of living
- Any other factor which the court expressly finds to be just and proper
Child Custody
Failing an agreement between the parents as to the custody of the children, a determination will be based on the child’s best interest. In regulating the custody of the children, the court shall provide for the reasonable right of visitation by the natural parent not having custody of the children except upon the showing of cause as to why the right should not be granted.
Child Support
Rhode Island bases its child support on the Income Shares Model. If, after calculating support based upon court-established guidelines, the court finds the order would be inequitable to the child or either parent, the court shall order either or both parents to pay an amount reasonable or necessary for the child’s support after considering all relevant factors including, but not limited to:
- The financial resources of the child
- The financial resources of the custodial parent
- The standard of living the child would have enjoyed if the marriage had not been dissolved
- The physical and emotional condition of the child, their educational needs, and the financial resources and needs of the non-custodial parent
- For more information on child support services: Rhode Island Child Support Services
Spouse Legal Name Change
During a divorce proceeding, a spouse can typically request to have their legal name changed back to a former name (such as a maiden name) or a new name altogether. This is often done as part of the overall divorce decree.
Watch Video On How To File For Custody In Rhode Island:
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