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Rhode Island Divorce Laws and Obtaining a Top Divorce Attorney
Thinking of filing for divorce in Rhode Island? If so, there are a few things you should know about the state’s laws regarding the dissolution of a marriage. There are several rules in place, including residency requirements and specific grounds on which a divorce can be filed.
Below are important regulations the state upholds regarding Rhode Island divorce cases:
Rhode Island Residency Requirements Prior to Filing for Divorce
In order to file for a divorce in Rhode Island, the plaintiff (spouse initiating the action) must have been a domiciled inhabitant of the state and have resided in this state for at least one year before filing the complaint.
Legal Grounds for Divorce in Rhode Island
The following are the legal grounds for divorce that are acceptable in Rhode Island
A no-fault divorce in Rhode Island is much simpler to file than one that cites fault. During this type of case, the plaintiff cites irreconcilable differences as the reason for the petition and the court will grant the dissolution of marriage as long as the spouse shows an irremediable breakdown of the marriage has occurred. This type of divorce case is usually sought when parties either came about the decision to part ways mutually or can agree on how to settle the case (i.e. property division, child custody, etc.).
When filing a fault divorce in Rhode Island, the following are acceptable grounds that can be cited:
- Extreme cruelty
- Willful desertion
- Habitual drunkenness
- Habitual drug use
- Negligence or refusal to provide for the plaintiff
- Any other gross misbehavior or wickedness
Property Division Rules in Rhode Island
Rhode Island is an equitable distribution state, meaning that property acquired during the marriage will be distributed equitably, but not necessarily equally. The court shall consider several factors when dividing assets, including the length of the marriage, the contribution of each party to the acquisition of the asset, the conduct of the parties throughout the marriage, income and earning potential of each party, and others.
Hiring a Top Divorce Lawyer
It’s not easy to file for divorce in Rhode Island. Between the various rules and regulations in place and the tension proceedings can create, even for couples who mutually agree to file, a case can run for months or even years before resolving. In order to ensure the best possible outcome for a divorce case in the state is obtained, parties have a right to consult with an experienced Rhode Island divorce lawyer.
With a top divorce attorney on your side, you can rest assured your rights will be protected and the case will run as smoothly as possible.