Divorce Law in Providence, RI

Divorce Law refers to the legal termination of a marriage and often involves working through several complicated issues.

Are you facing a costly divorce in Providence, Rhode Island? Does your estranged spouse have an attorney? Usually, couples going through a divorce are unable to compromise on most items and reach an agreement on their own. Thus, many couples go through mediation or the court system to resolve their case.

Issues Involved in Providence, Rhode Island Divorce Law

There are many complicated issues that you need to settle during the divorce process. Many of these elicit strong emotions from one party or the other, resulting in volatility.

Dividing Property

One of the most challenging issues in the divorce law process is dividing property, debts, and assets. In many states, like Rhode Island, anything you and your spouse purchased over your marriage is subject to division. This includes things such as real estate, bank accounts, cars, stocks, etc.

Some states split marital property evenly, while others go along an equitable split. In the latter, the judge weighs the contribution each spouse made to the marriage and uses that information to decide the disposition of property, which may not equate to a perfect 50/50 division of your property, debt, and other assets..

Child Support

Both parents are responsible for paying for the care of their children. There is a child support guideline that helps determine how much each parent should contribute based on their income and the amount of time they spend with the children. Child support pays for things such as healthcare, food, clothing, and other basic needs.

Rhode Island has adopted the Income Shares Model to determine the weekly child support order in Providence. This model is based upon the philosophy that children are entitled to a standard of living based upon both parents’ monthly income. Child support in Providence can be paid by mail or online through Rhode Island’s Office of Child Support Services (CSS).

Additionally, CSS can address payment delinquency through a variety of measures including passport denial, driver’s license suspension, and bank account liens. Other measures include credit bureau reporting, lottery winnings intercept, and tax refund intercept. If you have willfully refused to pay for over three years, you can be sentenced to jail for up to five years.

Alimony

Alimony, also known as spousal support, can vary greatly depending on the specifics of the marriage. In , , divorce courts consider several factors when determining the amount and duration of alimony. These include:

The financial needs of one spouse and the other spouse’s ability to pay
The health and age of both spouses
The duration of the marriage
Each spouse’s earning capacity and education level
The division of marital property
Parental responsibilities regarding children
The separate assets and investments of each spouse

The Rhode Island Supreme Court has ruled that alimony should generally be rehabilitative, meaning it should help the spouse receiving support to become self-sufficient. As a result, the court can order different types of alimony in Providence divorce cases, including short-term, rehabilitative, or permanent alimony.

Child Custody and Visitation

Child custody often becomes the most emotional issue in a divorce when children are involved. It’s crucial to understand that the court’s primary focus is on what is in the best interest of the child. Keeping this in mind can help guide you through the often difficult custody process.

In Providence, custody decisions are based on Rhode Island Statutes. Factors the court will consider include the parents’ preferences, the child’s reasonable preference (if they are of appropriate age), the moral fitness of both parents, and the child’s adjustment to their home, school, and community. The mental and physical health of all parties and any history of domestic violence will also be examined.

Typically, courts in , award joint legal custody, meaning both parents have the legal right to make decisions regarding the child’s education, medical care, and religious upbringing. Legal custody does not dictate how time is physically shared with the child. Joint custody does not necessarily mean equal time, and sole legal custody does not prevent the non-custodial parent from visitation.

The Process of Going Through Divorce Law in Providence, Rhode Island

Are you leaning towards getting a divorce from your partner? If so, it is important to understand the necessary steps of the divorce law process.

Step 1: File the Divorce Law Petition

The divorce law process begins when one spouse files a legal petition to terminate the marriage. The petition must include:

A legal reason for divorce (grounds for divorce)
A statement that shows at least one spouse meets the state’s residency requirements for divorce
Other statutory information your state requires

Most states offer the option for filing a no-fault divorce, which does not require a legal reason for the divorce.

You can obtain a no-fault divorce in Providence if “irreconcilable differences” is listed as the cause of the divorce.

Step 2: Request Temporary Orders

The divorce law process in Providence can take several months, but temporary orders can be requested and approved for a multitude of reasons, including:

Child custody
Child support
Spousal support
Property restraining orders
Status quo orders

Request temporary orders as quickly as possible so you are not absent the resources or protection that you need.

Step 3: Serve Your Spouse and Wait for Their Response

If you are the one who files a divorce petition, you must have your spouse served with their divorce law papers and then file a proof of service with the courts. If your spouse accepts the service, then they need to fill out an affidavit to that effect. However, in many cases, the petitioner must hire a process server or sheriff to formally serve the petition on the other spouse. It is this third party who then records the proof of service.

Step 4: Try To Come to an Agreement

The best outcome for anyone going through this process is to have an uncontested divorce, meaning both spouses agree on all issues.

This can be reached between both partners or with the help of a mediator. Not only will this save each spouse money, but there will typically be a lot less animosity.

Step 5: Go To Court

If you and your spouse are unable to reach an agreement, then the case continues before a Providence, RI judge. While there is some benefit to having a judge hand down orders, it may also be a detriment as there is little to no control of the agreement by the parties.

In Rhode Island, the Family Court has jurisdiction over divorce cases. If you live in Providence, you will typically file for divorce with the Providence County Family Court.

Step 6: Receive the Judgement of Divorce

The divorce law trial will end with the official judgment of divorce, ending the marriage. This final dissolution of marriage sets out the details about property and debt division, child custody, and all relevant issues between the couple.

Work With an Experienced Providence, Rhode Island Divorce Law Attorney

If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Providence divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Rhode Island state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.