- cruel and inhuman treatment
- bigamy
- gross neglect
Legal Separation in Rhode Island
Legal separation (or divorce from bed and board) may be granted
for the same grounds as that required for a divorce. The spouse
seeking legal separation must have been a resident for a period
of time that the court deems proper.
Simplified/Special Divorce Procedures in Rhode Island
A court hearing will be required in all divorce cases. An
official Financial Statement must be filed in all divorce cases.
In addition, an official Child Support Guidelines form must be
filed in all cases involving minor children. Official sample
forms are available for use in preparing the Complaint for
Divorce and other documents are found in Rhode Island Rules of
Procedure for Domestic Relations, Appendix of Forms.
Divorce Mediation in Rhode Island
In cases which involve child custody or visitation, the court
may direct the parents to participate in mediation in an effort
to resolve any differences. There is an official Family Court
counseling form which must be filed with the Complaint for
Divorce.
Divorce Property Distribution
Rhode Island is an "equitable distribution" state. Separate
property which a spouse owned prior to the marriage and any
property which a spouse receives by gift or inherits (either
before or during a marriage) is not subject to division. Any
other property (including any income from separate property that
was earned during the marriage) may be divided by the court. The
following factors are considered:
1. the contribution of each spouse to the acquisition,
preservation, or appreciation in value of the marital property,
including the contribution of each spouse as homemaker
2. the length of the marriage
3. the conduct of the spouses during the marriage
4. the health and ages of the spouses
5. the amount and sources of income of the spouses
6. the occupation and employability of each of the spouses
7. the contribution by 1 spouse to the education, training,
licensure, business, or increased earning power of the other
8. the need of a custodial parent to occupy or own the marital
residence and to use or own the household effects according to
the best interests of any children
9. either spouse's wasteful dissipation or unfair transfer of
any assets in contemplation of divorce
10. the opportunity of each spouse for acquisition of assets and
income
11. any other factor which is just and proper
Alimony and Spousal Support
Either spouse may be awarded alimony after a divorce or legal
separation. In determining the amount of alimony, the following
factors are to be considered:
1. the extent to which either spouse is unable to support
himself or herself adequately because of his or her position as
primary caretaker of a child whose age, condition, or
circumstances make it appropriate that the parent not seek
employment outside of the home
2. the extent to which either party is unable to support himself
or herself
3. the extent to which a spouse was absent from employment while
fulfilling homemaking responsibilities
4. the extent to which a spouse's education may have become
outmoded and his or her earning capacity diminished
5. the time and expense required for a supported spouse to
acquire the appropriate education and training to develop
marketable skills and become employed
6. the probability, given the spouse's age and skills, of
completing education and training and becoming self-supporting
7. the standard of living during the marriage
8. the opportunity for either spouse for the future acquisition
of capital assets and income
9. the ability of the supporting spouse to pay, taking into
consideration the supporting spouse's earning capacity, earned
and unearned income, assets, debts, and standard of living
10. the length of the marriage
11. the conduct of the spouses during the marriage
12. the health, age, station, occupation, amount and sources of
income, vocational skills, and employability of the spouses
13. the liability and needs of the spouses
14. any other factors which are just and proper
Spouse's Name After Divorce
Any woman may request that her name be changed.
Child Custody After Divorce
Child custody is determined according to the best interests of
the child. Reasonable visitation should be granted to the
non-custodial parent, unless it would be harmful to the child.
There are no factors for consideration set out by statute. There
is no specific provision for joint custody in Rhode Island.
Child Support After Divorce
Either parent may be ordered to provide child support, after a
consideration of the following factors:
1. the financial resources of the child
2. the standard of living the child would have enjoyed if the
marriage had not been dissolved
3. the physical and emotional conditions and educational needs
of the child
4. the needs of the noncustodial parent
5. the financial resources of both the noncustodial and the
custodial parent
6. any other factors
Family Court child support guidelines have been adopted. In
order to guarantee child support payments, the court may
require:
1. income or property assignments
2. posting of bond
3. wage withholding
There is an official Child Support Guidelines Form which must be
filed in cases involving minor children.
Continue to
South Carolina Divorce
Laws |
Resource Article:
Online Relationships
The question of what is infidelity has become much broader now, as
individuals have such great access to others through the internet.
This becomes a fine point in many marriages, where husbands can
often satisfy their wish for other relationships or for fantasy and
adventure through activities online. When we do not see or have to
interact with another in person, when who we truly are is not in
question, it is easy for fantasy relationships to develop online.
There is comfortable distance between the two people and so they
often feel that they can easily exchange intimacies and feelings
that are not so easy to exchange in person. As the time spent in
these relationships is limited, nothing has to be sustained. Demands
made upon one another and can be handled through a few words here or
there. This stimulates a hotbed of fantasy and it is easy to feel
one has someone in their life who cares and is there for them. In an
actual flesh and blood relationship, where you have to meet the
needs of the other, and may not feel you are receiving what you need
in return, where you have to deal with everyday life problems,
routine and boredom, online relationships have become a common and
easy way to find adventure and diffuse stress.
The question often arises whether this constitutes an infidelity of
some kind? This is a delicate question which must be answered
individually by the couples themselves. Many women feel disturbed
and threatened by the intimacies they find their husband sharing
with strangers online. Naturally, one must question why this on-line
relationship is gong on at all? How much intimacy is being shared?
Many feel as though personal intimacy belongs only in the marriage.
Sharing intimacies with another may be called emotional infidelity,
not having sex with another, but thinking of them, being with them
in fantasy and withdrawing emotions from the marriage partner
herself. There is a thin line here and it is crossed easily, so
online relationships for those who are married need to be discussed,
defined and boundaries set for them. One has to realize why they are
happening at all.
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