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RI Divorce Basic Issues Overview
Divorce Big Picture In Rhode Island, there are four general categories of issues that are dealt with in a divorce, namely: Children, Division of Marital Estate, Alimony, and Temporary Issues. Understanding these categories will help break down the process, and help you understand where things you think are important fit in. Children: There are several [...]
What’s the Difference in RI Between Legal Separation and Divorce?
In a divorce there are generally four major categories of things to deal with, namely (1) child issues, (2) equitable distribution issues (assigning assets and debt), (3) spousal support (alimony) issues, and (4) “temporary” issues while the divorce is pending, such as who can live where, who can use the car, who pays the bills. [...]
How Do I Fill Out the Required RI Court DR-6 Financial Form?
The DR-6 (a-b) “Statement of Assets Liabilities Income Expenses” is a form that all family court parties are required to fill out and file when filing complaints for divorce. separation, miscellaneous complaints, or when an answer or modification request is filed. After reviewing the DR-6, it can be seen that page one deals with income [...]
How Do RI Courts Handle Significant Others and Visitation During Divorce?
Here is the situation: You have been separated from your spouse for two years, and have just filed for divorce and your first hearing for child support is a week away. You are living with the love of your life (not your spouse). Your children live with you and are happy. All seems fine. What [...]
How Long Does a Simple Divorce Take?
Rhode Island has a “track” system for divorces, meaning that a divorce is either on the “Nominal Track” or the “Contested Track.” The party filing the divorce first may choose either track from the beginning. If they choose the nominal track, they will be given an initial (and hopefully last) hearing date that will be [...]
How do the Courts Decide Custody?
The Rhode Island Family Courts base custody and possession decisions on the “best interest of the child.” The pivotal case Pettinato v. Pettinato, 582 A.2d 909 (R.I. 1990) states that certain factors must be weighed in the best interests of the child analysis when relevant. These factors include: 1. The wishes of the child’s parent [...]
What Are the Grounds for Divorce?
The two most common grounds for divorce in Rhode Island are “Irreconcilable Differences” and “Living Separate and Apart for the Space of Three Years”. The other, older, grounds for divorce are as follows: (1) Impotency; (2) Adultery; (3) Extreme cruelty; (4) Willful desertion for five (5) years of either of the parties, or for willful [...]
What Does the Court Consider When Dividing Assets in Divorce?
The Family Courts in Rhode Island consider certain factors set out in R.I.G.L. 15-5-16.1 which specifically deals with this question. The factors are as follows: (1) The length of the marriage; (2) The conduct of the parties during the marriage; (3) The contribution of each of the parties during the marriage in the acquisition, preservation, [...]
