Residency Requirements:
One spouse must have been a resident of Rhode Island for 1 year
before filing. [General Laws of Rhode Island; Title 15, Chapter 15-5-12].
Legal Separation:
The grounds for legal separation are the same as for divorce plus
any other cause that would appear to require a divorce from bed and
board (legal separation). The spouse seeking legal separation must
have been a resident for a period of time that the court deems proper.
[General Laws of Rhode Island; Title 15, Chapters 15-5-1, 15-5-2,
15-5-3, 15-5-5, and 15-5-9 and Rhode Island Case Law].
General Divorce Procedure:
An official financial statement must be filed by each spouse.
An official child support guidelines form must be filed in cases
involving minor children. In addition, there are must be an official
court hearing in all divorce cases.
Mediation or Counseling:
In cases, which involve child custody or visitation, the court may
direct the parents to participate in mediation in an effort to resolve
any differences. A family court counseling form must be filed with the
complaint for divorce. [General Laws of Rhode Island; Title 15,
Chapter 15-5-29].
Title of Divorce action:
Complaint for Divorce.
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Grounds for Rhode Island Divorce:
No-fault:
Rhode Island considers as the no-fault grounds for divorce:
1) irreconcilable differences that have caused
the irreversible breakdown of the marriage;
2) living separate and apart without
cohabitation for three years.
[General Laws of Rhode Island, Title 15, Chapters 15-5-3, 15-5-3.1,
and 15-5-5].
Fault-based:
Fault-based grounds for divorce in Rhode Island include:
(1) Impotence; (2) adultery; (3) abandonment and presumed dead;
4) alcoholism and/or drug addiction; (5) willful desertion for 5 years
[or less within the discretion of the court]; (6) cruel and inhuman
treatment; (7) bigamy; and (8) gross neglect. [General Laws of Rhode
Island; Title 15, Chapter 15-5-2].
Where to file for divorce:
The plaintiff may file for the divorce in his/her county of residence,
unless the 1-year residency requirement has been satisfied by the
defendant’s residence, in which case, the divorce must be filed for
in the county of the defendant’s residence. [General Laws of Rhode
Island; Title 15, Chapter 15-5-12].
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