Kent County Divorce Attorney

Frequently Asked Divorce Questions

What are accepted grounds for divorce? Rhode Island recognizes fault and no-fault grounds for divorces. A no-fault divorce can be filed after three years of separation. A divorce based on fault grounds may be more complex, but can provide leverage while negotiating the terms of divorce, such as child support.

What are Rhode Island's residency requirements for divorce? In order to file for divorce in Rhode Island, one spouse must have been a resident of the state for at least one year.

Who will receive child custody? Depending on the terms of divorce, custody can be shared by both parents. Although the Rhode Island court system favors giving children the opportunity to spend time with both parents, the actual terms of an arrangement will be based off of the child's best interests.

Will I receive child or spousal support? Because both parents are responsible for caring for their children after a divorce, the possibility for and/or amount of support will be determined by factors such as the time each parent spends with the child and their financial status. Similarly, spousal support may be awarded depending on the circumstances that you face after a divorce, such as employment opportunities and earning capacity.

How will our property be divided? Rhode Island law provides for the equitable division of property. While many people quickly assume that this means a 50/50 split, that is often not the case. Equitable division means that property will be divided according to what a judge thinks is fair, rather than on an exactly even terms.

What are the grounds for divorce in Rhode Island?

Rhode Island allows for both fault-based and no-fault grounds for divorce. Some of the fault-based grounds include adultery, impotency, extreme cruelty, and willful desertion for five years or more. No-fault grounds include irreconcilable differences and living separate and apart for at least three years.

Is mediation a common option for divorce in Rhode Island?

Yes, mediation is a common option for divorce in Rhode Island. It is often encouraged as a way for couples to reach amicable agreements on issues such as child custody, support, and property division without going to court.

Can I modify a divorce settlement in Rhode Island?

In Rhode Island, it is possible to modify certain aspects of a divorce settlement, such as child custody and support, under certain circumstances. However, property division is generally considered final once the divorce is granted.