Rhode Island Divorce Tips

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Making a divorce decision is no child's play. You have to consider a lot of things; so, that your decision does not yield frustrating result for you and your children. You need to understand whether the issues leading to the separation are indeed valid or not. If you are fully confident that this separation will be profitable for both partners and your children, you must go for it. To achieve this, the first step you need to take is to know some divorce basics of your state. Rhode Island divorce tips will make you familiar with the divorce basics of Rhode Island and enable you to take organized decisions.

Some instrumental Rhode Island Divorce Tips

• The Rhode Island court requires the plaintiff to reside in the state at least for a period of 1 year. But if the plaintiff has been living in the state for less than 1 year then the court will allow him/ her to file for the case, only when the respondent/ defendant has lived in the state for the said period.

• In Rhode Island, grounds for divorce are fault and no-fault. In the first case, a divorce is granted on the following issues like:
  • Infidelity
  • Cruelty
  • Impotence
  • Alcohol or drug abuse
  • Husband's refusal to provide spousal support to his wife for a period of at least one year
  • Any behavior that is viewed as a violation of marriage covenant

  In the second case, a divorce is granted only when there are irreconcilable differences between the partners and both of them have been living separate for at least for a period of 3 years.

• The relevant department is expected to send a written notice by first class mail to the obligor if any of the following actions are taken:
  • Seizure of any property
  • Execution of a levy
  • Perfection of a lien

• There arises a situation in which there is neglect or refusal to pay child support. Or any liability in case of child support might not be discharged. In such a scenario, the relevant department, irrespective of whether a levy has been made, is free to file an action in the family court or attempt other modes of relief.

• If the department of child support enforcement, division of taxation and administration concludes that the child support is not paid, then, these departments can dispatch a written notice of intent to lien to the obligor by first class mail at the most recent address in record of the obligor.

• The above-mentioned notice of intent shall comprise of the following data:
  • The amount that is unpaid on the date of notice or any other date
  • The obligor is offered the right to request a hearing regarding this issue. For this, the obligor has to file a written request with the department within 30 days of the date of the notice.
  • The notice is used to recognize the personal or real property that is subject to the lien

• Assume that there are some arrearages that have been accrued related to child support payments as ordered by the court. Then, the department of administration, division of taxation, child support enforcement has been given the authority to execute collection procedures regarding these averages. Such an authority is as per Title IV, Part D of the Social Security Act, 42 U.S.C. 651.

• If the custodial parent and / or the obligor parent alters the residence, it is the foremost duty of this parent to convey the change of residence to the relevant department within 10 days.

• When it is determined that a marriage is void then, the agreement that would have been regarded as a premarital agreement can be enforced to the extent essential to avoid an inequitable result.

• A premarital agreement cannot be enforced in case the party against whom enforcement is executed proves any of the following:
  • The agreement was not executed by the party voluntarily, and
  • When the agreement was executed, it was unconscionable. Prior to execution of the agreement, the following scenario existed:
    • The party did not possess or reasonably could not possess sufficient information of the financial obligations or property of the other party.
    • The party did not on its own accord and expressly waive in a written form, any right to disclosure of the financial obligations or property of
    • the other party, except the information that was offered.
    • The party was not offered a reasonable and fair disclosure of the financial obligations and property of the other party.

• Within 14 days after which the notice of income withholding has been mailed to an obligor, this obligor is free to contest it by mailing or filing a written statement with the relevant department.

You must be familiar with all the Rhode Island divorce tips so that you can do proper planning beforehand. Once the legal procedure start, you will not face any problem and can easily predict how your case is going to be.

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