What You Need To Know About Divorce In Rhode Island

By Author: John Grasso
Total Articles: 36
Comment this article

Divorce is a traumatizing experience, even when both parties decide that separating is the best thing for your relationship. There are many things to consider, including how to divide your property and assets, along with who will have custody of the children and how you will share custody. This makes it exceptionally stressful, not to mention the mountains of paperwork that needs to be completed and filed.

Choosing a good RI divorce lawyer can help you understand this complex process, securing your divorce in Rhode Island. They will assist you in negotiating your share of the assets.

Anyone is able to file for divorce in Rhode Island, as long as you or your spouse has lived in the state for one year. You cannot file online in the state, it must be done in person. You will out the divorce forms at the county's family court. If you have already separated and your spouse lives outside th state, you can file for divorce at the Providence County Courthouse, after which you choose your grounds for divorce.

Filing the paperwork will cost in the region of $250. In the event you cannot afford this, the court may ...
... waive the fee, depending on your income. Many states require that one party is at fault in order to secure a divorce. Rhode Island is a no fault state, meaning you can file for divorce at any time without evidence on how your spouse violated your marriage agreement.

Qualifying for no fault divorce, you need to state that the cause is irreconcilable differences. You and your spouse must also have been separated for a minimum of three years and not have cohabited during this time.

Uncontested divorces are the easiest. This is when you and your spouse have already decided on the divorce and have agreed on everything from how to divide your assets to how to share custody of the children. This is fast and easy.

Uncontested divorce does depend on both of you agreeing on all the conditions associated with your divorce. This is not easy when tensions are high and you are both upset over what is happening. This is where your RI divorce lawyer comes into play. They bring a calm and respectful approach to your separation, negotiating with your ex-spouse outside the court room, saving you money and stress, reducing the need to fight in court.

At fault divorce is also recognized in Rhode Island, if the situation requires it. This can be impotency, adultery, extreme cruelty, willful desertion substance abuse and neglect and refusal. This type of divorce requires proper evidence of your spouse's misconduct, which is not always easy to obtain.

This requires additional work in obtaining this type of divorce, therefore most people choose to file for no fault divorce, saving time and energy. Fault can still come into play even when choosing a no fault divorce. Speak to your RI divorce attorney to identify what is right for you.

In Rhode Island, both you and your spouse take possession of non marital assets, including anything you owned before you got married. Anything purchased after you got married are considered marital assets, this can be a house or car. You will have to decide on how to divide them during the negotiation process.

Child support is to ensure your children will always be financially taken care of. In divorce settlements, the non custodial parent is obliged to pay child support to the custodial parent, calculated on a dual income model.

About Us:

John R Grasso is an attorney admitted to practice in Rhode Island, Massachusetts. He is also admitted at the Federal District Courts. He is a member of the Bar of the United States Supreme Court and has an experienced support team working alongside him to help focus on securing a resolution in the shortest period of time. John Grasso represents criminal defendants on misdemeanors and felony charges throughout the area. He handles a wide range of cases on a daily basis from domestic violence cases to immigration disputes and DUI cases to robbery and so much more. To find out more, visit https://johngrassolaw.com/.