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Rhode Island Frequently Asked Questions and Answers of a Divorce
1. What is a divorce? Divorce is the process whereby a husband and wife end their marriage to each other. 2. What are the resident requirements? In order to file a petition for Divorce, one of the parties in the marriage must actually live in Rhode Island as a “domiciled resident” for one year before the filing of the petition. Residency may be proved to the court by the testimony of two individuals to the effect that he or she knows of their own personal knowledge that you or your spouse have in fact been a continuous resident of the State of Rhode Island for the statutory period. 3. What are the grounds for divorce? Under Rhode Island law, one may get a divorce based on o fault or no-fault grounds. The filing of a no-fault divorce for irreconcilable differences suggests that the parties can settle their differences or disputes before an assigned Court date (usually within 10 weeks). Or that neither party is guilty of any wrongdoing attributable to the breakdown of the marriage. In a contested divorce, there is an implication that either the issues are so severe or the purpose of what each party is entitled to calls for the intervention of the Court. The most common “fault” grounds are adultery, extreme cruelty and continued drunkenness. The parties can also file on grounds that they have been living separate and apart for more than three years. 4. What is settled in a divorce? In a divorce action the following are settled; (1) how you will divide the marital assets (things that you and your spouse own) and liabilities (the debts and bills that you and your spouse owe) that you acquired during and as a result of your marriage, (2) how you will share parental and financial responsibility for your minor children after the end of the marriage, (3) your continuing support obligations to each other, if any, (4) any obligation for payment of attorney fees for your spouse (or their obligation for the payment of your fees), and (5) the need of restraining orders to stop a party from taking certain actions. 5. How are marital assets divided? Typically, the court divides the martial assets based on what’s called “equitable distribution”. First, the parties (or the court) will separate each spouse's non marital assets and liabilities from the marital. Then the parties, or the court, will divide all the remaining assets and liabilities, or the marital assets and liabilities between the parties in such proportions as are equitable and fair. In distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution.In making an unequal distribution of the marital estate (assets and liabilities) the court will be considering all relevant factors, including: (a) the contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker; (b) the economic circumstances of the parties; (c) the duration of the marriage; (d) any interruption of personal careers or educational opportunities of either party; (e) the contribution of one spouse to the personal career or educational opportunity of the other spouse; (f) the desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party; (g) the contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of both the marital assets and the non marital assets of the parties; (h) the contribution of each spouse to the incurring of liabilities to both the marital assets and the non -marital assets of the parties; (i) the desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction, (j) the intentional dissipation, waste, depletion, or destruction of marital assets before and after the filing of the petition, (k) any other factors necessary to do equity and justice between the parties the statute. 6. How is child support determined? Rhode Island uses child support guidelines which presumptively establish the amount that the court shall order as child support. The trier of fact may order payment of child support in an amount different from such guideline amount upon a written finding, or a specific finding on the record, explaining why ordering payment of the guideline amount would be unjust or inappropriate. Factors that the court may consider in deviating from the statutory guidelines amount include: 1. Extraordinary medical, psychological, educational or dental expenses , 2. Independent income of child, not to include moneys received by a child from supplemental security income, 3. Payment of support for a parent which regularly has been paid and for which there is a demonstrated need, 4. Seasonal variations in one or both parents incomes or expenses, 5. Special needs, such as costs that may be associated with the disability of a child that have traditionally been met within the family budget even though the fulfilling of those needs will cause the support to exceed the proposed guidelines, 6. total available assets of the obligee, obligor, and the child. 7. Is there a waiting period to finalize a divorce? Typically, the Final Judgment of Divorce may not be entered by the Court until at least ninety (90) days after your hearing.
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