Best Divorce & Separation Lawyers in Rhode Island

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Verrill Dana LLP.
Providence, United States

Founded in 1862
213 people in their team
English
Decency, honesty, and judgment. The values that define Verrill as a law firm are the reason our clients trust and choose us time and time again. We don't compromise our values and our clients don't compromise on quality. Our experience and New England roots date back more than 150 years, and today,...
Fletcher Tilton PC.
Providence, United States

Founded in 1822
102 people in their team
English
Fletcher Tilton PC proudly provides legal services to clients in Massachusetts and beyond. Offering a wide range of core and specialty services, our attorneys come from varied backgrounds, representing many talents, interests and experiences. We express our solid commitment to the community through...
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Divorce & Separation
Family
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About Divorce & Separation Law in Rhode Island, United States

Divorce and separation law in Rhode Island covers the legal processes and rules governing the dissolution of marriage and legal separation. This area of law addresses a range of matters including asset division, child custody, child support, alimony, and the official ending of the marital relationship. Rhode Island offers both "absolute divorce" (ending the marriage completely) and "legal separation" (separate maintenance), which allows couples to live apart and resolve key issues while still remaining legally married. The law aims to ensure that both parties’ rights and obligations are clearly defined and fairly resolved during this challenging time.

Why You May Need a Lawyer

Divorce and separation in Rhode Island involve several complicated legal matters, which can be overwhelming without professional guidance. Here are common situations where a lawyer can provide crucial help:

  • Disputes over child custody, visitation rights, or parenting plans
  • Determining accurate child support and spousal support (alimony) payments
  • Division of marital property, assets, and debts
  • Cases involving business ownership, retirement accounts, or complex financial situations
  • Protection from domestic violence or seeking restraining orders
  • When one spouse is hiding assets or being dishonest about finances
  • Filing and responding to court documents or attending court hearings
  • Negotiating settlements to avoid lengthy and costly court battles
  • Ensuring compliance with Rhode Island’s unique legal procedures and deadlines
  • Understanding rights and options, especially if one party is unfamiliar with the legal system

Local Laws Overview

Rhode Island divorce and separation laws have some distinctive features. Here is an overview of key aspects:

  • Grounds for Divorce: Rhode Island allows both "no-fault" divorce (irreconcilable differences) and "fault-based" divorce (such as adultery, cruelty, or abandonment).
  • Residency Requirements: At least one spouse must have lived in Rhode Island for one year before filing for divorce.
  • Division of Property: Rhode Island follows the "equitable distribution" principle, meaning marital assets are divided fairly but not always equally.
  • Alimony/Spousal Support: Courts may order alimony based on factors such as the length of the marriage, each spouse’s income and needs, and the standard of living during marriage.
  • Child Custody: Decisions are made in the best interests of the child, considering factors including parental fitness, child’s preferences, and stability of each home.
  • Child Support: Calculated using the Rhode Island Child Support Guidelines, which consider both parents’ incomes and child-related expenses.
  • Waiting Periods: There is typically a 90-day waiting period after filing for an absolute divorce before it can be finalized by the court.
  • Legal Separation (Separate Maintenance): Couples may petition for legal separation to address financial and parenting issues without ending the marriage.
  • Same-Sex Divorce: Rhode Island recognizes same-sex marriage and divorce under the same rules as other marriages.
  • Domestic Violence: Special protections, including restraining orders, exist for victims of domestic violence during divorce or separation proceedings.

Frequently Asked Questions

What is the difference between divorce and legal separation in Rhode Island?

A divorce ends the marriage legally, allowing both parties to remarry. Legal separation, also known as separate maintenance, allows spouses to live apart and address issues like support and custody without terminating the marital status.

How long does it take to get a divorce in Rhode Island?

The minimum waiting period to finalize an uncontested divorce is usually 90 days from the date of the court hearing. Contested divorces or those involving complex issues may take much longer.

Do I have to prove fault to get a divorce?

No. Rhode Island allows "no-fault" divorce, meaning you can file based on irreconcilable differences. Fault-based grounds are still available but are less commonly used.

How are assets divided in a Rhode Island divorce?

Rhode Island courts use "equitable distribution" to divide marital assets and debts. This means assets are divided fairly, considering factors like contributions to the marriage, but not always equally.

Who gets custody of the children?

Custody decisions are made based on the best interests of the child. Courts consider each parent’s ability to care for the child, existing relationships, and the child’s wishes depending on age and maturity.

How is child support determined?

Child support is calculated using state guidelines, which factor in both parents' incomes, the number of children, and certain expenses like healthcare and daycare.

Can spousal support or alimony be changed after the divorce?

Yes, either party can request a modification of alimony if there is a significant change in circumstances, such as job loss, significant income change, or remarriage.

What if my spouse will not cooperate with the divorce?

You can still obtain a divorce even if your spouse does not cooperate. Rhode Island courts have procedures for default judgments when one party does not respond or participate.

Do I have to go to court to get a divorce?

Most divorces in Rhode Island require at least one court appearance, especially for final approval. However, many issues can be resolved through negotiation or mediation outside of court.

Does Rhode Island recognize common-law marriage or separation?

Rhode Island does recognize common-law marriage if certain legal criteria are met. Separation of such unions follows similar procedures to formal marriages for custody, property, and support.

Additional Resources

For those needing legal advice or help with divorce and separation in Rhode Island, consider the following resources:

  • Rhode Island Bar Association - Lawyer Referral Service
  • Rhode Island Judiciary - Family Court Services
  • Rhode Island Legal Services - Free or low-cost legal help for eligible individuals
  • Rhode Island Coalition Against Domestic Violence - Support and advocacy for victims
  • State of Rhode Island Department of Children, Youth & Families - Child-related concerns
  • Court self-help centers and online forms provided by Rhode Island courts

Next Steps

If you are considering divorce or legal separation in Rhode Island and need legal help, start by gathering relevant documents such as marriage certificates, financial records, and details about children. Consider scheduling a consultation with a qualified family law attorney who practices in Rhode Island. An attorney can help you understand your rights, clarify the legal process, and guide you on the best course of action based on your situation. If cost is a concern, contact legal aid organizations or the Rhode Island Bar Association’s Lawyer Referral Service to explore your options. Remember, acting early and getting informed advice can make the divorce or separation process smoother and protect your rights and interests.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.