Rhode Island divorce laws
Child
Support
 Rhode
Island divorce laws mandate that its family
courts will order either or both parents
owing a duty of support to a child to pay
an amount based on a formula and guidelines.
If, after calculating support based upon this criteria,
the court, finds the order would be inequitable
to the child or either parent, the court
will order either or both parents pay an
amount reasonable or necessary for the child's
support. Court considerations can be:
- The financial resources of the child;
-
The financial resources of the custodial parent;
-
The standard of living the child would have enjoyed had the marriage not been dissolved;
-
The physical and emotional condition of the child and his or her educational needs; and
- The financial resources and needs of the non-custodial parent. The court may order child support and health and education costs for children attending high school at the time of their eighteenth (18th) birthday and for ninety (90) days after graduation, but in no case beyond their nineteenth (19th) birthday.
| Divorce Myth: Following divorce, the children involved are better off in step families than in single-parent families. Reality: The evidence suggests that step families are no improvement over single-parent families, even though typically income levels are higher and there is a father figure in the home. Step families tend to have their own set of problems, including interpersonal conflicts with new parent figures and a very high risk of family breakup. |
Residency 
So you want a divorce in Rhode Island? Petitions for same proceed only if the plaintiff has resided in Rhode Island for at least one year before filing the complaint.
Child
Custody
 Rhode
Island courts will provide
for the reasonable right
of visitation by the
non-custodial natural
parent unless cause is
shown to rule otherwise.
If, after calculating support the court finds the order would be inequitable to the child or either parent, the court will make findings of fact and will order either or both parents owing a duty of support 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 had the marriage not been dissolved;
- The physical and emotional condition of the child and his or her educational needs; and
- The financial resources and needs of the non-custodial parent
The court may, if in its discretion it deems it necessary or advisable, order child support and education costs for children attending high school at the time of their eighteenth (18th) birthday and for ninety (90) days after graduation, but in no case beyond their nineteenth (19th) birthday. In addition, the court may order child support to continue, in the case of a child with a severe physical or mental impairment, until the twenty-first (21st) birthday of the child.
| Divorce Myth: Being very unhappy at certain points in a marriage is a good sign that the marriage will eventually end in divorce. Reality: All marriages have their ups and downs. Recent research using a large national sample found that eighty six percent of people who were unhappily married in the late 1980s, and stayed with the marriage, indicated when interviewed five years later that they were happier. Indeed, three fifths of the formerly unhappily married couples rated their marriages as either “very happy” or “quite happy”. |
Grounds
for Divorce
Rhode Island divorce laws allow divorces from
the bond of marriage be decreed in case
of any marriage originally void or voidable
by law, and in case either party is for crime
deemed to be or treated as if civilly dead,
or, from absence or other circumstances,
may be presumed to be actually dead.
Additional grounds for divorce:
- Impotency;
- Adultery;
- Extreme cruelty;
- Willful desertion for five years of either of the parties
- Continued drunkenness;
- The habitual, excessive use of opium, morphine, or chloral;
- Neglect and refusal, for the period of at least one year on the part of the husband to provide necessaries for the subsistence of his wife, the husband being of sufficient ability; and
- Any other gross misbehavior and wickedness, in either of the parties, repugnant to and in violation of the marriage covenant
Divorce on grounds of irreconcilable differences.
Mediation
The family court may, as to issues of custody and visitation, direct the parties to participate in mediation in an effort to resolve their differences, the court may order the participation in mediation in a program established by the court.
At its discretion and using guidance from
Rhode Island divorce laws, the court may:
- Order mediation under this section prior to trial and postpone trial of the case pending the outcome of the mediation
- Order mediation prior to trial and proceed to try the case as to issues other than custody and visitation while the parties are at the same time engaged in the mediation.
- Complete the trial of the case on all issues and order mediation under this section upon the conclusion of the trial, postponing entry of the decree pending outcome of the mediation
| Divorce Myth: It is usually men who initiate divorce proceedings. Reality: Two-thirds of all divorces are initiated by women. One recent study found that many of the reasons for this have to do with the nature of our divorce laws. For example, in most states women have a good chance of receiving custody of their children. Because women more strongly want to keep their children with them, in states where there is a presumption of shared custody with the husband the percentage of women who initiate divorces is much lower. |
Alimony
The family court may order either of the parties to pay alimony or counsel fees, or both, to the other. In determining the amount of alimony the court may consider:
- 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; and
- The state and the liabilities and needs of each of the parties.
In addition, the court will consider the extent
to which either party is unable to support
herself or himself adequately. For many,
divorce recovery is enhanced by this
financial safety net while they transition
to a new life.
Waiting
Period
 Rhode
Island divorce statutes mandate that whenever
it is alleged in the petition that the parties
have lived separate and apart from each other
for the space of at least three (3) years,
the court will enter a judgment pending final
judgment of divorce, which may include provisions
for alimony.
Grandparents
Rights
The court may grant a grandparent, whose child is deceased, reasonable visitation rights of the grandchild or grandchildren to the grandparent, whether or not any divorce or custody proceedings were ever commenced, and may issue all necessary orders to enforce visitation rights.
Dividing
Assets
 The court may assign to either the husband or wife a portion of the estate of the other. In determining the nature and value of the property, if any, to be assigned, the court after hearing the witnesses, if any, of each party will consider the following:
- 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 in 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; and
- Any factor which the court shall expressly find to be just and proper.
Did you come into this marriage owning
a house?
Concerned
about
the equity
in that
house
that
you brought
into
the marriage?
Here's
how it
works
generally.
What
you brought
into
the marriage
is usually
all yours.
However,
any appreciation
of the
house
or the
property
value
is normally
treated
as a "marital
asset",
meaning
that
you will
likely
forfeit
a third
to a
half
of that
appreciation
to your
spouse
in the
divorce. Read
Rhose
Island
divorce
statutes
or consult
your
attorney
for specifics.
|
