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Rhode Island Divorce Laws

Rhode Island courts will provide for the reasonable right of child custody (or visitation) by the non-custodial natural parent unless cause is shown to rule otherwise. Parents are permitted to work together to create a Parenting Plan, Child Visitation Schedule and Child Custody Schedule. If the parents are unable to reach agreement,

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 custodial parent,
• 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.

Download Rhode Island Divorce Forms

[General Laws of Rhode Island - Title 15 , Chapter 15-5-16, 15-5-16.2]

Like a divorce, an annulment is a court procedure that dissolves a marriage. But, unlike a divorce, an annulment treats the marriage as though it never happened. Like other states, Rhode Island makes the annulment process difficult, in an effort to discourage those who are not determined to have an annulment declared for the marriage. Grounds for annulment are:

• Misrepresentation or fraud is grounds for annulment. For example, if a spouse lied about her capacity to have children, that she had reached the age of consent, or that she was not married to someone else, an annulment could be granted,
• Concealment - If a spouse concealed an addiction to drugs or alcohol a felony conviction, children from a prior relationship, a sexually transmitted disease, or impotency, an annulment might be granted,
• Unable or unwilling to consummate the marriage,
• Misunderstanding - An example might be that one spouse wanted children and the other did not. Any of the above are grounds for annulment.

 

[General Laws of Rhode Island - Title 15 , Chapter 15-5-16, 15-5-16.2 15-5-22]

Rhode Island divorce laws require 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 RI child 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 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.

 

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The state calculates Rodw Island child support on gross income (Income Shares), causing more money to come from the non-custodian than if it were calculated on 'net' income. Only 21 states use the 'net income' method. Typically a calculation on net income favors the paying spouse, leaving him or her more net income with which to live and pay for portions of two abodes. Rhode Island divorce laws state that child support does not automatically terminate when your child reaches eighteen (18) years of age. RI Child support will automatically accrue until your child turns nineteen (19) years of age unless, a Motion to Terminate Child Support is filed. If your ex-spouse is on welfare, or goes on welfare in the future, do not send child support directly to your ex-spouse. You must send payments through the Welfare office. If you fail to do this, these payments will be considered a gift and won't be considered payment of child support.

If a marriage separation (sometimes referred to as a marital separation or legal separation) has been granted, the court may make such further orders for the support and maintenance of either spouse and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spouse, as the court deems appropriate.

Rhode Island divorce laws provide that in cases where a marriage annulment or marital annulment is sought, and there are children of the marriage, that those children be afforded the same rights, protections and parental financial support, including that the children are not considered illegitimate offspring of the parents, that other children of the state receive.

A child support calculator can be located at AllLaw.com.

[General Laws of Rhode Island - Title 15 , Chapter 15-5-16, 15-5-16.2 15-5-22]

A Rhode Island legal separation means the husband and wife are living apart and has the added element that the arrangement is ordered by the court or agreed to by the parties in a written agreement. The fact that the legal separation (also known as a marital separation or divorce separation) is part of a court order or written agreement makes it a 'legal separation'.

Legal Separations require a separation agreement agreed to by the parties. The legal separation makes more certain the rights and separation makes more certain the rights and responsibilities of the parties during the period of separation as opposed to an informal separation. Payments of support during a period of separation sometimes are called temporary maintenance or alimony pen dente lite. The separation (informal or legal) keeps the marital status intact until or unless one files for divorce.

 

 

Legal separation is often pursued when one of the parties wants to stay married for religious reasons, wants the advantage of deductibility of spousal support payments for income tax reasons, wants to maintain various insurance coverage's, or do not want to wait the state statutory waiting period for termination of marital status.

One does not need to get a legal separation in order to divorce. In fact, most bypass the legal separation and go straight to the divorce. The marital separation can last the life of the parties, without conversion to a divorce, until or unless someone files to convert the separation into a divorce.

 

[General Laws of Rhode Island - Title 15 , Section 15-5-12 and 15-5-13]

Rhode Island is an equitable distribution state. State divorce laws mandate that the courts divide the marital property between the parties in an equitable and just manner. This means the court will attempt to divide the marital assets fairly, but not necessarily equally. As is always the case, if you and the divorcing spouse can agree on a divorce settlement of marital assets and liabilities, the court won't have to step in.

Did you come into this marriage owning a house? Concerned about the equity in that house that you brought into the marriage? Worried about property that was yours before the marriage and that it may now be part of a divorce settlement? 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.

Lock up the assets

If you think your spouse might try to hide assets, or spend them, we suggest you file a petition for a financial temporary restraining order. This order prevents liquidating assets or spending money beyond the basic necessities of daily living. You might first consider allocating enough funds to see yourself through, because the restraining order will apply to you too.

[General Laws of Rhode Island - Title 15 , Chapter 15-5-16.1]

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.

 

 

[General Laws of Rhode Island - Title 15 , Chapter 15-5-16]

Visitation in Rhode Island, or more recently referred to as 'co-parenting', is permitted as a part of child custody. RI Courts will decide a Child Custody Schedule if you two are unable to. A typical visitation schedule will look like every other weekend and one or two nights during the week, and alternating holidays. Failure to exercise one's visitation privileges can result in the custodial parent beginning a court action to increase child support. Make sure everything is in writing. Who picks up and drops off? Who pays what? Right of first refusal if the custodial parent needs to find a care-giver/sitter for occasions such as sickness, work demands et. al. Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. Stay actively involved. Read state divorce laws.

 

 

If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies

 

[General Laws of Rhode Island - Title 15 , Chapter 15-5-16]

Rhode Island family 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,
• Habitual drunkenness,
• The habitual, excessive use of opium, morphine, or other drugs,
• Neglect and refusal of marital 'relations' for 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. 

 

[General Laws of Rhode Island - Title 15 , Chapters 15-5-2 15-5-3, 15-5-3.1 1505-5]

Either the plaintiff or the defendant must have been an actual resident for six (6) months next prior the filing of the petition. United States military personnel are afforded the same 6 month requirement according to Rhode Island divorce statutes and federal law.

 

 

 

[General Laws of Rhode Island - Title 15 , Chapter 15-5-12]

In an action for divorce where there are minor children involved, the court will not issue a final order for at least ninety (90) days from the date of filing the petition. In the event no minor children are involved and there is full agreement by the parties, your divorce can be completed in as little as ten days. Rhode Island divorce laws specify that the court may require that within the ninety-day period the parties attend and complete an educational program.

There are no restrictions against remarriage following a final divorce decree.

 

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.

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.

 

[General Laws of Rhode Island - Title 15 , Chapter 15-5-29]

Grandparents of an unmarried minor child will have reasonable rights of visitation to the child if the court deems it to be in the best interest of the child. In the process of petitioning for visitation, the court must find the grandparent a fit and proper person to have contact with the child, that the grandparent has repeatedly tried to to visit with the child in the preceding 90 days prior to the filing of the petition, that visitation was denied by a parent of that child and that the grandparent cannot visit with the child without the court intervening. To complicate matters further, the grandparent must present clear and convincing proof that the parent's decision to keep the child away from the grandparent is unreasonable.

If a child is born out of wedlock, the parents of the father of such child will not have the right of visitation unless the father has been judicially determined to be the father of the child.

If one natural parent is deceased and the surviving natural parent remarries, any subsequent adoption proceedings will not terminate any court-granted grandparents rights belonging to the parents of the deceased natural parent. Adoption terminates the grandparents right to visitation. 

 

 

[General Laws of Rhode Island - Title 15 , Chapter §15-5-24.1 to 24.3]