If you’re getting a divorce, it’s important to understand your local court requirements and state laws. Here is a guide to the most important things about divorce in Rhode Island.
Prerequisites
Residency requirements
To file for divorce in Rhode Island:
- Residency duration: At least one spouse must have lived in Rhode Island for a minimum of one year before filing.
- Filing location: The divorce should be filed in the county where the filing spouse resides.
Grounds for Divorce in Rhode Island
Rhode Island recognizes both no-fault and fault-based divorces:
- No-fault divorce: Based on "irreconcilable differences," meaning the marriage has broken down beyond repair.
- Fault-based divorce: Grounds include adultery, cruelty, desertion, habitual drunkenness, and others.
Filing process for divorce in Rhode Island
- Prepare the Complaint: Draft a "Complaint for Divorce" stating the grounds for divorce.
- File the Complaint: Submit the complaint to the family court in the appropriate county.
- Serve the other spouse: Legally deliver the divorce papers to the other spouse, typically via a constable or sheriff.
- Waiting period: After filing, there's a mandatory 75-day waiting period before the divorce can be finalized.
- Final hearing: Attend a court hearing where the judge reviews the case and issues a decision.
Costs associated with divorce in Rhode Island
- Filing Fee: Approximately $160 to initiate the divorce process.
- Additional costs may include fees for serving papers, attorney fees, mediation, and court costs.
- Fee waivers: If unable to afford the filing fee, you may apply for a waiver based on financial hardship.
Property, asset & debt division in Rhode Island
Rhode Island follows the principle of equitable distribution:
- Equitable distribution: Marital property is divided fairly, though not necessarily equally, based on factors like the length of the marriage, each spouse's contribution, and economic circumstances.
- Marital vs. separate property: Property acquired during the marriage is typically considered marital property, while assets owned before the marriage or received as gifts/inheritances are separate property.
Alimony (spousal support) in Rhode Island
Alimony is not guaranteed and is determined case by case:
- Purpose: To provide financial support to a lower-earning spouse for a certain period.
- Factors considered: Duration of the marriage, standard of living, age, health, and earning capacities of both spouses.
- Types: Typically rehabilitative alimony, intended to support the recipient spouse until they become self-sufficient.
Child custody and support in Rhode Island
Child custody
Custody is determined based on the best interests of the child, considering factors like parental stability, the child's preference, and each parent's ability to provide care.
Support
Child support is typically awarded to the parent with primary physical custody. The amount is calculated based on both parents' incomes and other child-related expenses. See the Rhode Island Child Support Calculator for an estimate of what to expect.
Legal separation and annulment in Rhode Island
- Legal separation: Rhode Island allows for legal separation, enabling couples to live apart without terminating the marriage.
- Annulment: Granted in specific circumstances where the marriage is deemed legally invalid, such as cases involving fraud, bigamy, or incapacity.
Can you file for divorce online?
Yes, use Rhode Island’s e-filing platform to do so.
Finalizing the divorce
- Waiting period: After the final hearing, there's a mandatory three-month waiting period before the divorce decree becomes final.
- Final Judgment: After the waiting period, the final Judgment is entered, officially dissolving the marriage.
Resources for divorce in Rhode Island
Navigating a divorce in Rhode Island involves understanding state-specific procedures and requirements. From meeting residency criteria to comprehending property division and support obligations, being well-informed can facilitate a smoother process. Questions? Schedule a call with us to ensure your rights and interests are adequately protected.