Divorce Guide

Divorce Guide

Rhode Island Divorce Rights

Rhode Island divorce rights require a spouse to be a resident of state for a continuous period of one year, in order to file a petition for the dissolution of marriage. The person filing the case has to be an inhabitant of this state. The spouse who initiates the case is termed as plaintiff by Rhode Island divorce rights and the person who receives the papers and who has to reply is known as defendant. Plaintiff can file the case in any of the counties of the state where he resides or in the county where the defendant resides.

Rhode Island grounds for divorce

An irreconcilable difference between the spouses is considered to be a legal ground by Rhode Island divorce rights on the basis of which a spouse can move the court. This legal ground is considered to be No-Fault ground by the state. The fault grounds on the other hand are many in number. If the defendant has been charged of adultery, extreme cruelty, impotency, willful desertion, excessive drunkenness, neglect of the family responsibilities or any other gross charge, the plaintiff can seek divorce with the help of the court.

Legal separation is a sort of arrangement provided in Rhode Island divorce rights wherein a couple can seek a legal separation after submitting a written agreement so as to seek divorce from bed and board and any other future cohabitation. In this arrangement the court can assign separate maintenance charges out of the joint property of the husband and wife. All these provisions are defined clearly in title 15 of Rhode Island domestic relations law.

In cases where the court discovers that there is a hope of any reconciliation between the two parties, it can direct the two parties to take part in a mediation and counseling program so as to resolve the differences which might vary from property distribution to child custody.

Rhode Island property distribution in divorce

Cases where the mediation and counseling program proves to be futile, the court has to distribute the property between the two parties. Since Rhode Island divorce rights recognize Rhode Island as a state which follows the principle of equitable distribution of state, the property acquired by the couple during the marriage is distributed between the two parties in an equitable and fair manner. The court can consider the factors such as length of the marriage, age and health of the spouses, employability and occupation, responsibilities held during marriage period, contribution of each party in the acquisition of the property during marriage while deciding on the issue of property distribution.

Rhode Island spousal support

Well connected with the issue of property distribution is the issue of alimony support and child custody after the divorce. Alimony support is awarded by the court in cases where the court considers that the financial condition of the other party would not be competent enough to make a living. Child custody is given to the parent who is considered to be competent enough to financially and emotionally support the education and welfare of the child. Length of the marriage, wishes of child and the parent, health and age of the parties are some of the factors which are considered closely by the court in order decide the critical issue of child custody.

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