Either you or your spouse must be a resident of Rhode Island for at least one year prior to filing for a divorce. The legal divorce process begins when you file a complaint for divorce in the family court located in the county of your residence. You may file the complaint for divorce in your spouse's county of residence if your spouse has also lived in Rhode Island for one year. Rhode Island has "no fault" divorce, which may be based upon either of the following grounds:
A divorce may also be granted on the following grounds:
In Rhode Island, assets and debts acquired during your marriage - called "marital property" - will be divided "equitably" when you divorce. In deciding how to divide the property owned by divorcing couples, judges will consider a number of factors, including:
Separate property is retained by the owning spouse. Separate property includes the following:
It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth and details such as account numbers, serial numbers and so forth. Collecting this information before you see a Rhode Island divorce lawyer can save you a lot of time and money. The court can order alimony to either party in Rhode Island. The purpose of alimony is to provide support for a spouse for a reasonable length of time to enable that spouse to become financially independent and self-sufficient. However, the court may award alimony for an indefinite period of time if it is appropriate. In determining the amount and duration of alimony, the following factors are considered:
An alimony award may be modified if there has been a substantial change in circumstances. The obligation to pay alimony automatically terminates upon the remarriage of the spouse who is receiving alimony. In Rhode Island, the court will make child custody decisions based upon what is in the best interests of the child. Reasonable visitation is generally granted to the noncustodial parent, unless it would be harmful to the child. If the custodial parent does not comply with the visitation order, the noncustodial parent may file a motion for contempt in family court. If the court finds noncompliance with a visitation order a second time, the court will consider it to be grounds for a change of custody to the noncustodial parent. In Rhode Island, either or both parents may be ordered to provide child support in an amount based upon a formula and guidelines adopted by the family court. If, after calculating support based upon the established formula and guidelines, the court finds that the order would be inequitable to the child or either parent, the court may consider the following factors in setting a different amount:
The court may order child support and education costs for children who are 18 years old and attending high school. The support order may continue for 90 days after graduation. The court may not order support for a child beyond their 19th birthday. However, the court may order child support to continue for a child with a severe physical or mental impairment until the child's 21st birthday.
Residency Requirements and Grounds for Divorce
Dividing the Property
Alimony
Child Custody and Visitation
Child Support
Related Web Links:
- Rhode Island Family Courts
- Rhode Island Child Support Enforcement
- Rhode Island Domestic Relations
- Rhode Island Child Support Calculation
- Rhode Island Office of Child Support Services
- Rhode Island State Profile
- Family Law: Selecting a Good Lawyer
- Divorce - General message board for more help
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