Rhode Island Divorce Laws

Divorce Requirements for Rhode Island Residents

Residency requirement in filing a divorce action in Rhode Island indicates that one or both of the spouses must be a legal resident of the Ocean State for at least one year immediately preceding the filing of the divorce petition. Failure to meet the residency requirement would result in either the dismissal of the divorce complaint or in the case not being heard at all.

Rhode Island Grounds For Divorce

Both no-fault and fault-based grounds for divorce are recognized in the State of Rhode Island. Details of which are enumerated, but not limited to the grounds below.

No-fault Grounds:

1. Irreconcilable differences which have caused the marriage to breakdown beyond fixing and reconciliation
2. Living separate and apart without cohabitation for three years

Fault-based Grounds:

1. Adultery
2. Impotence
3. Alcohol and/or substance abuse
4. Willful desertion for five years
5. Gross misbehavior and wickedness
6. Extreme cruelty

Child Custody Law in Rhode Island

Divorce courts in Rhode Island recognize joint custody in the child’s best interest, as they consider the following factors in custody decisions:

1. Age and sex of the child
2. Safety and well-being of the child
3. Character and experience of the parents
4. Desires of a mature child

Guidelines for Rhode Island Child Support

The State of Rhode Island follows child support guidelines that are based on the Income Shares Model. These guidelines take into account the earning capacity of both parents and the child’s needs such as education, child care, medical and dental expenses. Monthly support can be determined by applying these guidelines and proportionally dividing each parent’s income.

Non-payment of child support will result in a stiff penalty on the guilty party.

Where to file for a divorce?

Divorce forms in Rhode Island may be filed within the county where the petitioner or plaintiff is a bona fide resident.

For a fast and inexpensive divorce process, you can file Rhode Island online divorce forms.

Refer to the “Divorce Requirements for Rhode Island Residents” above and also review the top online divorce papers sites.

Mediation

Divorce mediation in Rhode Island is an efficient and amicable procedure where the spouses discuss issues with the mediator being a neutral third party. This is to help resolve their issues and assist the former couple in crafting an agreement to both their advantage. The process ensures a fair, balanced and reasonable agreement that includes negotiations on child custody.

The primary Rhode Island divorce papers to be filed are Complaint for Divorce and Final Judgment of Divorce. Before or after filing the divorce forms, parties may request for mediation settlement in cases where disputes would more likely make the divorce proceedings ugly in court.

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You may also visit the Rhode Island Courts for more information