Rhode Island Divorce Questions

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The person opting to end his marriage legally should get details about the legal divorce procedures in the state, where he or she intent to file for dissolution of marriage. The person filing for divorce would have several questions related to divorce rules and regulations. The couples who have children from their marriages are supposed to get details about child custody, child support, visitation rights before they file a divorce. Even after one files a divorce they need several details about procedures, so here we have listed some important Rhode Island divorce questions that you would need answers for. These questions answered in simple language would help you to understand the legal process followed in Rhode Island.

The important examples of Rhode Island divorce questions are as follows:

Q. From whom is the child support expected?

A. The non custodial parent who has only the visitation rights is supposed to disburse money for child support.

Q. How does the court proceed with the distribution of assets of the divorcing partners?

A. The first step is that the court separates the total assets of the divorcing partners as marital and non marital. Then, the marital assets are divided equitably. Gift items like holiday gifts, anniversary gifts, and birthday gifts are not included in marital assets by the court.

Q. List the major topics included in a Rhode Island dissolution of marriage?

A.

• Spousal Support (Alimony)
• Child Custody
• Division of liabilities
• Division of assets

Q. What is the intention behind imposing residency restrictions?

A. The reason of this imposition is to restrict the individuals coming in this state from outside to utilize the court only for divorce purpose.

Q. In Rhode Island, what are the residency requirements?

A. In order to apply to end a marriage in this state, there are 3 residency requirements.

• The divorcing partner must be a domiciled resident in this state for minimum 1 year
• One of the divorcing partners must be residing in this state
• The divorcing partner must submit minimum 2 testimonies to the court that he or she has been staying in this state for the previous one year

Q. Which codes are related to the permissible grounds of divorce?

A. The Rhode Island Code 15-5-3.1, 15-5-2 and 15-5-1 explains the permissible grounds of divorce. These are the follows.

• Irreconcilable differences (No Fault ground)
• Gross misbehavior and wickedness of any divorcing partner
• Violation of the marriage covenant
• If the husband has sufficient capacity, but still has shown neglect and refusal to provide the essential objects for the subsistence of the wife for minimum 1 year prior to filing of the petition
• For the intemperate, excessive and habitual use of chloral, morphine or opium
• For continued drunkenness
• Willful desertion for 5 years of any divorcing partner or willful desertion for a brief period of time in the court's discretion
• Extreme cruelty
• Adultery
• Impotency
• Presumption of death or Civil Death

Q. What rules have to be followed in case of legal separation?

A. Legal separation is an arrangement where the husband and wife live separately and have some terms and conditions specified by the court which is agreed by both the parties. The couple lives separately but there is no change in their marital statue until one of the partners files for divorce. Pendente lite or temporary maintenance is the support paid during this separation period.

Q. Is it compulsory to opt for legal separation before one filed for dissolution of marriage?

A. No, it's not compulsory to opt for legal separation.

Q. What factors are considered by the court while dividing marital property?

A. Although there are many factors, some of these are enumerated below.

• Any encumbrance or transfer of assets made while speculating for divorce in the absence of fair consideration
• Wasteful dissipation of assets of either party
• The requirement of the custodial parent to occupy or own the marital residence considering the best interests of the child or children of the marriage
• The input of one partner to the increased earning power, business, licensor, training, education of the other partner
• The chance of each partner for attainment of income and capital assets in the future
• The employability and occupation of the partners
• The sources and amount of income of every partner
• The age and health of the divorcing partners
• The services and input of either partner as a homemaker

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