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Divorce
Forms |
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 If
you're like the rest of us, you're probably in
somewhat of a panic, looking for answers? Take
a deep breath. If nothing else, we'll give you
some answers and ease your anxiety. If you're
having a tough time coping, perhaps you should view
this page first.
Child Support
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
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.
Rhode
Island calculates 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. 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 decreed, 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.
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Child Custody
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.
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
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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.
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Visitation/Co-Parenting
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 visitation 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.
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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. If you anticipate any problems
with custody or visitation, we suggest you own Child
Custody Strategies.
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Alimony/
Maintenance/ Spousal Support
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.
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Grounds
For Divorce
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:
1. Impotency; 2. Adultery; 3. Extreme cruelty;
4.
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Willful
desertion for five years of either of the parties
5. Habitual drunkenness; 6. The habitual, excessive
use of opium, morphine, or other drugs; 7. 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 8. Any
other gross misbehavior and wickedness, in either
of the parties, repugnant to and in violation
of the marriage covenant.
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Marriage
Annulment
Marital Annulment
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. 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.
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Marriage
Counseling/
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
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Legal
Separation/
Marital Separation
An Oklahoma 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 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.
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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.
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Waiting
Period
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. |
Oklahoma
divorce statutes specify that the court may require
that within the ninety-day period the parties
attend and complete an educational program.
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Grandparents Rights
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.
(This right is conferred by federal statute) The
right of visitation to any grandparent of an unmarried
minor child will be granted unless it has been
specifically denied by the court.
State
Fact Sheets for Grandparents and Other Relatives
Raising Children |
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 grandparental
rights belonging to the parents of the deceased
natural parent.
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Divorce
Settlement
Oklahoma
is an equitable distribution state. Oklahoma 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
evenly. As is always the case, if you and the
divorcing spouse can agree on a divorce settlement
of marital assets and liabilities first, the court
won't have to. 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.
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.
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Residency
Requirements
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 Oklahoma divorce statutes and federal law.
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