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Rhode Island Residency Requirements For Divorce

One spouse must have been a resident of Rhode Island for at least one year before filing for a divorce.

Grounds For Divorce In Rhode Island

The following no-fault grounds for divorce in Rhode Island are:

• irreconcilable differences which have caused the irremediable breakdown of the marriage.

The following are some of the fault based grounds for divorce in Rhode Island:

• adultery;
• impotence;
• alcoholism/substance abuse;
• willful desertion for five years;
• gross neglect;
• extreme cruelty.

Rhode Island Child Custody

Custody may be granted to either parent or joint Custody may be agreed upon by the parties or awarded by the court. Joint Custody affords the parties equal decision making power, but not necessarily equal time with the child.

Factors to consider in making child Custody decisions include:

• age and sex of the child;
• safety and well being of the child;
• character and experience of the parents;
• desires of a mature child.

Rhode Island Child Support GuideLines

Rhode Island has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue

Commencement of a divorce in Rhode Island proceeding shall generally be filed in the county in which the plaintiff is residing.

Mediation

In any petition for divorce the Family Court may direct the parties to participate in mediation in an effort to resolve their differences regarding Custody and visitation.

The parties may agree to submit any or all of their disputed issues to mediation, before or after a Rhode Island divorce is initiated. The agreements reached in mediation may allow the parties to proceed in court on an uncontested basis.