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Rhode Island Divorce Law

Divorce Laws in Rhode Island

According to Rhode Island divorce laws, you may request either a no-fault or fault divorce. The entry of a no fault divorce requires only the statement of irreconcilable differences causing the irremediable breakdown of the marriage. Fault grounds can include, but is not limited to, adultery, willful desertion and cruel and inhumane treatment. Additionally, one of the spouses must have been a resident in the state of Rhode Island for one year prior to filing for divorce in RI.

Alimony & Equitable Distribution in Rhode Island

Rhode Island is known as an equitable distribution state. According to the divorce laws in Rhode Island this means that the marital property must be divided fairly or equitably. Separate property, or property owned prior to the marriage, shall be retained by the owning spouse.

Alimony can be awarded to either the husband or wife, in money or property. Such factors as the length of the marriage, the partiesí prior living standard, etc. are considered in determining the amount and duration that should be paid. Marital misconduct may not be considered.

Rhode Island Child Support, Child Visitation and Child Custody

The main focus in determining child custody, according to Rhode Island divorce law, is the best interest of the children. Visitation rights within reason are typically awarded to the non custodial parent.

Child support (a percentage of the non-custodial parentsí income paid to assist with the support of his children) is determined by the Income Shares model, based on gross income as set forth by divorce law in Rhode Island. Expect to pay child support until the age of 18.

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