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Rhode Island Divorce

If you are considering a divorce, speak with a Rhode Island divorce attorney to learn more about the Rhode Island divorce process. A local Rhode Island divorce lawyer can explain how Rhode Island divorce law may affect you and give you legal advice on how to work through Rhode Island divorce.

Total Divorce can connect you with a Rhode Island divorce attorney to set up a preliminary consultation. Call 877-349-1310 or fill out a divorce case review form to connect with a Rhode Island divorce attorney in your area.

Overview of Rhode Island Divorce Law

Are you aware of all the Rhode Island divorce laws, and what they may mean for your Rhode Island divorce? Speak with a local Rhode Island divorce attorney to learn more about how you may be affected.

Grounds for Rhode Island Divorce: Rhode Island divorce courts accept both fault and no fault grounds for divorce. No fault grounds for Rhode Island divorce include irreconcilable differences causing a breakdown in the marriage or you and your spouse have lived separate for three years without cohabitation. Fault based grounds in Rhode Island divorce include:

  • Impotency
  • Adultery
  • Extreme cruelty
  • Willful desertion for five years
  • Drug abuse
  • Continued drunkeness
  • Neglect for one year
  • Other gross misbehavior or wickedness that violates the marriage covenant

Residency Requirements in Rhode Island: To file for divorce in Rhode Island, you or your spouse must be a resident of the state for at least one year.

Divorce Waiting Periods in Rhode Island: There is not a waiting period to petition for Rhode Island divorce. Once the divorce petition has been filed, there is a 3 month waiting period. The final divorce decree may then be entered within 30 days after the expiration of the 3 month waiting period. There is no remarriage waiting period once the divorce decree is final.

Property Division in Rhode Island: The state of Rhode Island is an equitable distribution state. The following factors are considered when making property divisions:

  • Length of the marriage
  • Spouses' conduct during the marriage
  • Each spouse's contribution to the acquisition, preservation, appreciation or dissipation of the marital property
  • Contribution of either spouse as a homemaker
  • Health and age of the parties
  • Each spouse's amount and source of income
  • Occupation and employability of each spouse
  • Opportunity of each party for future gain
  • If one spouse contributed to the other's education, training, licensure, business or increased earning power
  • Need of the custodial parent to live in the marital residence for the best interest of the child
  • Other factors the divorce court may consider

Child Custody in Rhode Island: The Rhode Island divorce court makes child custody decisions based on what's in the best interest of the child. For the non-custodial parent, reasonable child visitation will be granted, unless there is proof why the right shouldn't be granted.

Rhode Island Child Support: During Rhode Island divorce, the income shares model is used to determine child support. Rhode Island child support is calculated by estimating the amount of support the child would have received if the family had stayed together. That amount is then divided proportionally between the parents. If the Rhode Island divorce courts decide to deviate from the formula, it will consider the following factors:

  • Financial resources of the child
  • Standard of the living the child would have enjoyed if the marriage hadn't ended
  • Physical, emotional and educational needs of the child
  • Needs of the non-custodial parent
  • Financial resources of the parents
  • Any other contributing factors

A Rhode Island divorce attorney can to talk to you about Rhode Island divorce laws in more detail, as well as advise you on what to expect during your Rhode Island divorce. Call Total Divorce at 877-249-1310 or fill out a divorce case review form to connect with a Rhode Island divorce lawyer today.

The above synopsis of Rhode Island divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local divorce lawyer in your area.