Divorce Law in Rhode Island
Are you preparing for a divorce in Rhode Island? Has your spouse already hired an attorney?
Many couples struggle to reach a fair agreement on their own, which is why mediation or a court proceeding is often necessary.
Issues Involved in Rhode Island Divorce Law
There are several important matters that must be settled during the divorce process. These issues can trigger frustration, anger, or resentment, making cooperation difficult.
Dividing Property
One of the most complex parts of a divorce is the division of assets, debts, and property. In many states, including Rhode Island, nearly everything acquired during the marriage may be considered marital property. This can include real estate, vehicles, bank accounts, investments, and household valuables.
Some states split property evenly, while others follow equitable distribution. Under an equitable system, judges consider each spouse’s contributions—both financial and non-financial—before deciding what is fair. As a result, the division may not be an exact 50/50 split of assets or debt.
Child Support
Both parents are legally responsible for supporting their children. Child support helps pay for essentials such as healthcare, food, clothing, education, and basic living expenses.
In Rhode Island, the Office of Child Support Services administers support orders and manages enforcement. If a parent fails to pay as ordered, the consequences can be serious. Judges may issue fines, hold the parent in contempt of court, or order jail time. The local Sheriff’s department is often responsible for enforcing these penalties.
Alimony
Alimony, or spousal support, varies significantly from case to case. Courts in Rhode Island consider many factors when deciding whether support is appropriate and how long payments should continue, including:
- A spouse’s need and the other spouse’s ability to pay
- The age and health of each spouse
- The length of the marriage
- Each spouse’s earning capacity and education
- How marital property was divided
- Parental responsibilities
- Any separate assets or investments
A court may award short-term, rehabilitative, or permanent alimony. The Rhode Island Supreme Court has emphasized that alimony should help a spouse achieve financial stability whenever possible.
Child Custody and Visitation
Child custody is often the most emotionally difficult part of a divorce involving children. All custody decisions must reflect the best interests of the child.
Rhode Island follows the legal standard established in the case Pettinato v. Pettinato, which prohibits automatically favoring mothers in custody cases. The court can consider several factors when evaluating custody, including:
- The child’s relationship with each parent
- Emotional and physical well-being within the home
- The child’s adjustment to school and community
- Any history of abuse involving the child or spouse
Generally, Rhode Island courts award joint legal custody. This gives both parents the right to make decisions about issues such as healthcare, education, and religious upbringing. Legal custody does not determine parenting time, and joint custody does not guarantee a 50/50 schedule. Likewise, a parent without legal custody may still receive visitation.
The Process of Going Through Divorce Law in Rhode Island
If you are considering divorce, it is important to understand the steps involved in the legal process.
Step 1: File the Divorce Law Petition
A divorce begins when one spouse files a legal petition. The petition must include a legal reason (ground) for divorce, proof that residency requirements have been met, and other required information. Many states offer a no-fault option, but Rhode Island also allows fault-based divorces in some cases.
Step 2: Request Temporary Orders
Divorce cases can take months to resolve, and temporary orders may be needed during that time. These orders can address child custody, support, spousal support, or property protections. Requesting temporary orders early helps ensure financial and physical stability throughout the case.
Step 3: Serve Your Spouse and Wait for Their Response
The filing spouse must ensure the other party is formally served with divorce papers. If the spouse agrees to accept service, they must sign an affidavit. If not, a sheriff or process server must deliver the documents and file proof of service with the court.
Step 4: Try To Come to an Agreement
The simplest outcome is an uncontested divorce, where both spouses agree on every major issue. Couples can negotiate on their own or work with a mediator. Settling outside of court typically reduces legal costs and emotional disputes.
Step 5: Go To Court
If no agreement is reached, the case continues before a Rhode Island judge. While court involvement ensures a resolution, it also means the final outcome is decided by the judge, not the spouses. Divorce cases in Rhode Island are handled through the Family Court system.
Step 6: Receive the Judgment of Divorce
When the case concludes, the judge issues a Judgment of Divorce. This document officially ends the marriage and outlines terms regarding property division, custody, support, and any remaining disputes.
Work With an Experienced 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 Rhode Island 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.
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