Divorce papers in Rhode Island — filing for divorce in RI

Online divorce in Rhode Island

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How to get divorce in Rhode Island

The information below will help understand more about the divorce in Rhode Island.

The common steps of how to get divorce in Rhode Island:

1

The main condition for obtaining a divorce in the state of Rhode Island must be the fact that the marriage has legal force. If the marriage was made with violations of the state rules, then it is considered non-existent and in that case it is not possible to get a divorce.

2

Client or his\her spouse must comply with Rhode Island's residency requirements, which in principle are fairly simple.

3

The interested person must have grounds why he or she want to dissolve the marriage. Legislation provides 2 types of reasons that led to the severance of relations: they are fault and no-fault. Fault grounds mean that the spouse has done a serious action during the marriage, which led to a break in the marriage relationship and now the client want to get a divorce. The interested party need to provide the court with strong evidence of his or her spouse's guilt. With no-fault reasons it's much easier, the interested person do not take his or her dirty clothes out for public viewing, the interested party states that he or she do not cohabit with his or her spouse for a long period of time, or between both of them there are irreconcilable differences that do not allow him or her to live as a married couple.

4

If there is an underage children, the cleint must decide on the issue of custody. If the client acquired any property in marriage, during the divorce in the state of Rhode Island, it should be divided between the spouses. If the interested and his or her spouse can’t agree on any of the issues, then the court will make its own decision regarding the disputes based on an analysis of a number of factors that occur in the marriage.

5

Fill out the Rhode Island divorce papers.

6

The interested party have to sue the court, as well as provide his or her spouse with copies of the Rhode Island divorce papers, thereby informing him or her about the beginning of the divorce proceedings. After this, the statutory waiting period starts, then the court will begin proceedings regarding to the case.

Residency:

If you wish to apply for a divorce in Rhode Island, then you must comply with the conditions of the state. State law requires plaintiffs to satisfy the conditions of residence before submitting an application to the court. Thus, before you submit Rhode Island divorce papers to the office, you or your spouse are required to be residents of the state for one year prior to filing the claim.

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Valid grounds to get divorce in Rhode Island

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In order to get a divorce in the state of Rhode Island, in addition to meeting the requirements for residence, you still have to have the grounds that led to the severance of the relationship. The Rhode Island law will allow couples to apply for divorce on the basis of fault and no-fault grounds. Fault grounds are the actions of your spouse, which led to the fact that you want to end the marriage.

These include:

#1

Adultery - the spouse had sex with another person who is not a plaintiff;

#2

One of the spouses is impotent;

#3

One of the spouses showed severe treatment or violence directed at family members;

#4

One of the spouses is addicted to alcohol and this disease lasts for a long period;

If divorce is applied in the state of Rhode Island, and it is based on the fault grounds, then the interested party will be obliged during the hearing to provide the court with incontrovertible evidence of his or herspouse's guilt. Another option is to file for divorce on the basis of no-fault grounds. This means that between you and your spouse there are irreconcilable differences that do not allow you to be together no more. The spouses have to state the fact of the severance of relations on the basis of irreconcilable relations or the fact that you and your spouse voluntarily do not cohabit for at least 1 year.

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Annulment of the marriage in Rhode Island

The annulment applies to those marriages that are invalid, in other words, they were concluded with violations of the rules of the state of Rhode Island. Recognize the marriage as invalid, provided that at least one of the following has taken place:

  • The spouses are close relatives to each other;
  • Bigamy, one of the spouses had an active marriage at the time of the getting the current marriage;
  • One of the spouses was mentally incompetent at the time of marriage and could not give his consent;
  • One of the spouses refuses to have sex with their partner during the marriage;

To recognize the marriage as invalid, the interested person need to go through the same steps as for the divorce in Rhode Island, that is the interested person need to have grounds for ending the marriage, fill out the documents and file them in court. After that, wait for the court's decision on annulment.

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Custody of the child in Rhode Island

Custody of the child

If underage children was born in marriage, the custody should be decided. According to state law, there are 2 types of guardianship: joint - in which parents equally have rights and responsibilities in the process of child upbringing and individual - in which one of the parents has more authority than the second spouse. The court may require you to describe all sorts of events that took place in the family in order to decide the custody.

If the couple could not agree on exactly how the guardianship should be granted, then the court will decide on its own, which will be based on what is best for the child. in the Rhode Island, there is not a clear list of factors that the court should analyze when deciding on custody, so the court may require you to describe all sorts of events that took place in the family.

Rules for child support in Rhode Island

If underage children was born in marriage, the custody should be decided. According to state law, there are 2 types of guardianship: joint - in which parents equally have rights and responsibilities in the process of child upbringing and individual - in which one of the parents has more authority than the second spouse. The court may require you to describe all sorts of events that took place in the family in order to decide the custody.

If the couple could not agree on exactly how the guardianship should be granted, then the court will decide on its own, which will be based on what is best for the child. in the Rhode Island, there is not a clear list of factors that the court should analyze when deciding on custody, so the court may require you to describe all sorts of events that took place in the family.

Uncontested Rhode Island divorce with children
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Rules for spousal support in Rhode Island

Rules for spousal support

It is possible claim support from the spouse in the Rhode Island. Alimony is the financial support that one spouse receives from a second spouse to meet the needs of the asking spouse so that he or she can become financially independent or receive the necessary education that will provide him or her with work that will bring in a stable income. The amount and the period of payment of alimony are reviewed by the court after an analysis of the following factors:

  • Duration of marriage; 
  • The age, mental and emotional health of each spouse; 
  • Sources of income for each spouse; 
  • The presence of custody of a minor child at the requesting spouse; 
  • The level of life of the couple during marriage; 
  • The ability of the requesting party to obtain the necessary education or skills that will help him or her find a good job; 
  • The contribution each of the spouses has made to marriage and maintenance of the household; 
  • Employment of each spouse; 

The amount of alimony is calculated on the basis of the income of the paying spouse, so if the interested party is applying for financial assistance from his or her spouse, he or she should indicate in Rhode Island divorce papers at least the approximate income level of thespouse. Yhe payment of alimony is automatically terminated if the party that receives them remarries.

Property division in Rhode Island

Property division

Divorce in the state of Rhode Island pulls the division of the couple's common property. By common property means everything that was acquired by you and your spouse during the marriage, including both assets and liabilities.  If you have any kind of property that you acquired before the marriage, it will be considered private property, which by law is not subject to division. The property that was donated or inherited during the marriage is also considered private.

Rhode Island is the state in which the rule of equitable distribution operates. This means that all the common property that you own will be divided fairly. 

When deciding on the division of property, the court will take into account various factors, some of which are: the length of marriage; the contribution each of the spouses has made in the marriage; the cost of each asset and liability; the employment of each spouse; the income sources of each spouse, and other factors that the court will consider important.

Divorce without a lawyer in Rhode Island

It is possible to get the divorce the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Rhode Island can vary. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.

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Mediation support in Rhode Island

Any spouse may voluntarily use the services if he or she finds that a third party is able to resolve disputes between divorcing spouses. Mediators are involved in the process to address issues such as custody of underage children or the division of common property.

Divorce forms in Rhode Island

In the state of Rhode Island, there are various divorce form documents, including "Complaint", the "Verification" and the "Summons".

Uncontested divorce in Rhode Island

Uncontested divorce in Rhode Island

The legislation of the shatat provides for a separate type of divorce in the state of Rhode Island, which is called uncontested. The uncontested divorce is possible if the interested person and the spouse do not have any controversial questions about custody, the division of property, the amount of financial support for the child, alimony and any other issues that may arise during divorce.

In order to get an uncontested divorce in the state of Rhode Island, the interested person need to meet the following requirements:

  • Both spouses want to get a divorce and agree that divorce is made on the basis of no-fault reasons;
  • Both spouses, or at least one of them, lived on the territory of the state for a period of 1 year prior to filing the divorce form documents to the court;
  • The interested person must document the decision on all matters that relate to the divorce and attach it to the Rhode Island divorce papers.

After that, the client will have a waiting period of up to 60 days, after which the court will grant a divorce.

How to serve divorce papers in Rhode Island

The client have to inform the spouse about the beginning of the divorce process after filling the divorce papers. State rules allow to do this in two ways:

  • Hire a local sheriff to transfer papers to the spouse;
  • Use the help of a professional notification service.

After that the client will receive a receipt indicating that he or she served the spouse.
In case the interested person do not know the location of the spouse, he or she can ask the court to allow to make a statement in the local newspaper about the beginning of the divorce proceedings. This case works when there is no way to contact with the spouse.

After that, the court will start hearing about the case.

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Filing fees for divorce in Rhode Island

Total fees will contain sum of Rhode Island court filing fees and cost of using the service of online divorce in Rhode Island. This cost may vary by county. Please check with your local court officer to determine the exact amount.