Each state has its own divorce laws, with its own differences and intricacies. People looking to get divorced in Rhode Island need to make themselves familiar with some of the significant aspects of the divorce law in that state.
A person must file for divorce in the correct place—if a court does not have jurisdictional rights to hear a divorce case, the case will not be accepted…or, it will eventually be dismissed at some point down the line. Therefore, it is essential to follow the residency requirements.
In order to file in Rhode Island, the plaintiff must have been a resident of the state for at least one year before filing the divorce complaint. Additionally, the complaint must be filed in the county in which the plaintiff resides (or the county in which the defendant lives, if the defendant meets the residency requirements).
Both ‘no fault’ and ‘fault’ divorces may be granted in Rhode Island. For ‘no fault’ divorces, the divorcing spouses must agree that there are either irreconcilable differences in the marriage or that they have been living apart for at least three years. For Rhode Island courts to grant a ‘fault’ divorce, the filing spouse must prove one of the following to the court:
This is not an issue in every divorce, of course. However, it is involved in numerous divorces. When spousal support is a concern, Rhode Island courts consider the following when determining if either spouse should pay alimony—and, if so, how much should be paid.
For more information about your specific situation, contact a divorce attorney near you.