Rhode Island State Divorce Law

Rhode Island has a residence requirement for all those filing a Complaint for Divorce in Family Court of at least 1 year.

Rhode Island Grounds for Divorce

As a mixed state, Rhode Island provides avenues for individuals to pursue divorces on both no-fault and fault-based grounds.

Uncontested Divorce in Rhode Island

An uncontested divorce generally means that the parties agree on all the terms and conditions of the divorce. In addition, while all divorces in Rhode Island require a hearing and the submission of an official financial statement by all parties, and an official Child Support Guidelines form must be filed when minor children are involved, when the parties do not face the conflicts of a contested divorce, the process moves much more quickly.

Contested Divorce in Rhode Island

A contested divorce follows the same procedures that any divorce follows in Rhode Island. However, when there are elements that are being contested and the case is heading for a hearing in court, the process can take longer, cost more, and require more legal counsel.

Annulment in Rhode Island

Any spouse who learns that they are in an illegal marriage and wants to file a petition to make that marriage null and void should file for an annulment in Rhode Island. The process is rare because these grounds for annulment are difficult to prove:

Underage marriage, which is illegal for those under 18 without a Minor’s Permit, and for females under 16 and males under 18 without the approval of Family Court

• Bigamy and polygamy
• Mental incapacitation, either permanent or partial, that affects the marriage
• Duress

No Fault Divorce in Rhode Island

The grounds for a Rhode Island no-fault divorce include:

• Irreconcilable differences, which have caused the marriage to be broken
• Living separate and apart for 3 years or more without cohabitation

Rhode Island Fault Divorce

The fault-based, or general, grounds for divorce in Rhode Island include the following:

• Impotence
• Adultery
• Abandonment, with the party being presumed dead
• Drug addiction and/or alcoholism
• Wilful desertion for at least 5 years, although that can be shortened at the discretion of the court
• Cruelty
• Bigamy
• Gross neglect

Rhode Island Divorce and Child Custody

Child Custody Laws

Rhode Island courts make the best interests of the child a priority when making custody decisions. In addition to naming the custodial parent, those orders include reasonable Visitation Rights by the noncustodial parent unless there is cause for withholding those rights. If the custodial parent or the child do not comply with those orders, the noncustodial parent may file a motion for contempt in Family Court and the court will detail those orders and provide other remedies as necessary. If there is a second complaint, the court may consider altering the custody orders.

Child Alimony

Child support may be ordered for either parent in a Rhode Island divorce, based on a number of factors:

• The child’s financial resources
• The child’s standard of living if the divorce had not occurred
• The child’s emotional, physical, and educational needs
• The noncustodial parent’s needs
• The parents’ financial resources
• Parents in Rhode Island use the Income Share Model in combination with standard Child Support Worksheets to calculate support estimates.

Rhode Island Divorce Spousal Support

Spousal support can be ordered for either party, based on a number of considerations:

• The duration of the marriage
• Any marital misconduct
• The parties’ age, health, income, skills, and employability
• The parties’ needs
• The ability of the parties to be self-sufficient
• The sacrifices either party made to the marriage and the other spouse, harming their prospects for employment and independence
• The time and expense required to equip that party to be self-supporting
• The marital standard of living
• The parties’ future opportunities for obtaining assets
• The supporting party’s ability to pay

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court.

Temporary Spousal Support

Determined at the discretion of the court.

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Rhode Island

Spouses in the military are protected by Rhode Island law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From a Rhode Island Divorce Lawyer

Property division, child custody, and spousal support are just a few of the divorce elements that can be life changing. If those decisions are not handled fairly and reasonably, it could impact the parties for a lifetime. If there are conflicts between the spouses as to how they should be addressed, it can be vital to have the expertise of an experienced divorce lawyer at your side.

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Nolo's Essential Guide to Divorce

Divorce Without Court

Retirement Accounts in Divorce

Divorce & Money

A Judge's Guide To Divorce

Temporary Custody &

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