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Rhode Island Divorce Resources

The following information is a resource on divorce law in the State of Rhode Island. You can also find divorce professionals, forms, support, and state laws.  In addition to the resources listed below, you can find more help and information in our divorce article section.

Professionals

Divorce Lawyers
Financial Analysts
Private Investigators
Background Checks

Divorce Support

Support Groups

Domestic Violence

Shelters and Hotlines

Divorce Papers

Online Divorce
Separation and Divorce Forms
Divorce Form Preparation

Family Law Resources

Divorce Laws
Child Support Guidelines
Rhode Island Child Support Calculator
Child Support Services

* Listings in the Resource and Professional Directory does not imply an endorsement by this website.  WomansDivorce.com makes no warranty and assumes no legal liability for any service or provider listed below.  If you provide a divorce related service and are interested in being listed in this directory, click here.

RHODE ISLAND DIVORCE LAWYERS

Need a Divorce Lawyer? LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free & Confidential.  You can post you legal issues with Legal Match and receive a reply from qualified attorneys who can handle your case.  Legal Match is a good directory  that empowers consumers to locate and thoroughly review the experience, availability and price of pre-screened attorneys before deciding whom to contact.

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DIVORCE FORM PREPARATION

Have All of Your Documents Completed For You!  This easy to use, accurate, and up-to-date on-line divorce service is a perfect "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Rhode Island.  You can get "Real Person" customer support by phone & e-mail, plus access  to 40 downloadable books (valued at over $750).   divorceStart your today.

CERTIFIED DIVORCE FINANCIAL ANALYSTS

McNamara Financial Strategies Group of Wachovia Securities
Timothy M. McNamara & Tracey Marie Manzi
130 Turner Street Bldg. #3, 8th Floor
Waltham, MA  02453
Area served:  All counties within MA, RI, NH and VT
Phone:  (781) 472-7838
Fax:  (781) 472-7880

Timothy McNamara specializes in divorce finance.  For the past 15 years, he has helped individuals and couples going through a transition navigate through complex financial issues.  As a Certified Divorce Financial Analyst, Timothy works closely with attorneys, mediators and other professionals in all stages of the divorce process.

He provides comprehensive analysis of the couple's assets, net worth and can help either party determine the financial impact of any proposed divorce settlement.  Timothy, along with his partner Tracey, can also assist individuals post divorce.  Their firm specializes in investment management, asset protection and other integrated financial planning services.

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PRIVATE INVESTIGATORS

There are currently no private investigators for this state

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BACKGROUND CHECKS

Instant Background Report - Find out date of birth and marital status, address history and aliases, criminal and court records, sex offender searches, property records, general public records, business registration and property resources.  Find out the truth about anyone!

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DIVORCE SUPPORT GROUPS

Divorce Care can help you locate a divorce support group in your area.  There are thousands of DivorceCare support groups throughout the USA and Canada, and many groups meeting internationally as well.

Partners in Prevention provides consulting and psychological services to domestic abuse survivors before, during and post divorce. Additionally, we serve as consulting experts in both civil and criminal domestic violence cases. We also offer continuing medical and nursing education in domestic abuse assessment and clinical management to healthcare professionals. You can contact us at:
13918 E. Mississippi Ave
Aurora, CO 80012
Phone: 720-222-1058

Economic Empowerment For Women - BreakFreee.org is a non-profit organization offering free, unbiased, access to financial information and education to low to middle income women. Key features of the website include: Financial issues for divorcees, financial calculators, and a database of Frequently Asked Questions where you can submit questions and receive unbiased answers from financial planners.
60 West Olsen Road #3500
Thousand Oaks, CA 91360
Phone: 888-372-4155
Email:

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RHODE ISLAND DOMESTIC VIOLENCE RESOURCES

Domestic Violence Crisis and Support Services
Shelters and Hotlines
Coalition Against Domestic Violence

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RHODE ISLAND DIVORCE LAWS

TITLE 15 - Domestic Relations - Index of Chapters
How Divorce Law Affects You - From the Rhode Island Bar Association
Legal Rights Handbook for Rhode Island Women (PDF)

RESIDENCY REQUIREMENTS AND WHERE TO FILE:  To file for a divorce in Rhode Island, the plaintiff must have been a domiciled inhabitant of this state and has resided in this state for a period of one year next before the filing of the complaint.  

All complaints for divorce and complaints for relief without commencement of divorce proceedings shall be filed in the county in which the plaintiff is residing, unless the complaint is based upon the residence of the defendant, in which case the complaint shall be filed in Providence County or in the county in which the defendant resides.  [Based on Rhode Island Domestic Relations Law - Title 15 , Section 15-5-12 and 15-5-13]

LEGAL GROUNDS FOR DIVORCE:  

Irreconcilable differences:  A divorce from the bonds of matrimony may be granted on the grounds of irreconcilable differences which have caused the irremediable breakdown of the marriage. 

Fault Grounds:  Divorces from the bond of marriage shall also be decreed for the following causes:

  1. Impotency;
  2. Adultery;
  3. Extreme cruelty;
  4. Willful desertion for five (5) years of either of the parties, or for willful desertion for a shorter period of time in the discretion of the court;
  5. Continued drunkenness;
  6. The habitual, excessive, and intemperate use of opium, morphine, or chloral;
  7. Neglect and refusal, for the period of at least one year next before the filing of the petition, on the part of the husband to provide necessaries for the subsistence of his wife, the husband being of sufficient ability; and
  8. Any other gross misbehavior and wickedness, in either of the parties, repugnant to and in violation of the marriage covenant.  [Based on Rhode Island Domestic Relations Law - Title 15 , Section 15-5-2, and 15-5-3]


LEGAL SEPARATION:  Divorces from bed, board, and future cohabitation, until the parties are reconciled, may be granted for the same grounds as divorce, and for other causes which may seem to require a divorce from bed and board; provided, the petitioner is a domiciled inhabitant of this state and has resided in this state for a length of time that, to the court in its discretion, seems to warrant the exercise of the powers in this section conferred. In case of a divorce from bed, board, the court may assign separate maintenance out of the estate or property of the husband or wife, in a manner and of an amount as it may think necessary or proper.  [Based on Rhode Island Domestic Relations Law - Title 15 , Section 15-5-9]

MEDIATION OR COUNSELING REQUIREMENTS:  The family court may direct the parties to participate in mediation in an effort to resolve their differences as to issues of custody and visitation.  [Based on Rhode Island Domestic Relations Law - Title 15 , Section 15-5-29]

PROPERTY DISTRIBUTION:  Rhode Island is an equitable distribution state, meaning that property will be distributed equitably, not necessarily equally.  In determining the nature and value of the property, if any, to be assigned, the court shall consider the following:

  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, or appreciation in value of their respective estates;
  4. The contribution and services of either party as a homemaker;
  5. The health and age of the parties;
  6. The amount and sources of income of each of the parties;
  7. The occupation and employability of each of the parties;
  8. The opportunity of each party for future acquisition of capital assets and income;
  9. The contribution by one party to the education, training, licensure, business, or increased earning power of the other;
  10. The need of the custodial parent to occupy or own the marital residence and to use or own its household effects taking into account the best interests of the children of the marriage;
  11. Either party's wasteful dissipation of assets or any transfer or encumbrance of assets made in contemplation of divorce without fair consideration; and
  12. Any factor which the court shall expressly find to be just and proper.
Property held by a party prior to the marriage, or property acquired by gift or inheritance before, during, or after the term of the marriage shall be considered separate property, and not subject to division. Any appreciation of value from the date of the marriage of property or an interest in property which was held in the name of one party prior to the marriage which increased in value as a result of the efforts of either spouse during the marriage may be subject to division.  [Based on Rhode Island Domestic Relations Law - Title 15 , Section 15-5-16.1]

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ALIMONY / MAINTENANCE / SPOUSAL SUPPORT:  Alimony may be awarded to either party.  Alimony is designed to provide support for a spouse for a reasonable length of time to enable the recipient to become financially independent and self-sufficient. However, the court may award alimony for an indefinite period of time when it is appropriate in the discretion of the court.  In determining the amount of alimony, the court shall consider:

  • The length of the marriage;
  • The conduct of the parties during the marriage;
  • The health, age, station, occupation, amount and source of income, vocational skills, and employability of the parties; and
  • The state and the liabilities and needs of each of the parties.
  • The extent to which a party was absent from employment while fulfilling homemaking responsibilities, and the extent to which any education, skills, or experience of that party have become outmoded and his or her earning capacity diminished;
  • The time and expense required for the supported spouse to acquire the appropriate education or training to develop marketable skills and find appropriate employment;
  • The probability, given a party's age and skills, of completing education or training and becoming self-supporting;
  • The standard of living during the marriage;
  • The opportunity of either party for future acquisition of capital assets and income;
  • The ability to pay of the supporting spouse, taking into account the supporting spouse's earning capacity, earned and unearned income, assets, debts, and standard of living;
  • Any other factor which the court expressly finds to be just and proper.  [Based on Rhode Island Domestic Relations Law - Title 15 , Section 15-5-16]

SPOUSE'S NAME:  Any woman, to whom a divorce from the bond of marriage is decreed, shall, upon request, be authorized by the decree to change her name, notwithstanding that there may be children born of the marriage, and subject to the same rights and liabilities as if her name had not been changed.  [Based on Rhode Island Domestic Relations Law - Title 15 , Section 15-5-17]

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CHILD CUSTODY:  Failing an agreement between the parents as to the custody of the children, determination will be based on the best interest of the child.  

In regulating the custody of the children, the court shall provide for the reasonable right of visitation by the natural parent not having custody of the children except upon the showing of cause as to why the right should not be granted. The court shall mandate compliance with its orders by both the custodial parent and the children. In the event of noncompliance, the non-custodial parent may file a motion for contempt in family court. Upon a finding by the court that its order for visitation has not been complied with, the court shall exercise its discretion in providing a remedy, and define the non-custodial parent's visitation in detail. However, if a second finding of noncompliance by the court is made, the court shall consider this to be grounds for a change of custody to the non-custodial parent.   [Based on Rhode Island Domestic Relations Law - Title 15 , Section 15-5-19]

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CHILD SUPPORT: Rhode Islands bases it's child support on the Income Shares Model.  If, after calculating support based upon court established guidelines, the court finds the order would be inequitable to the child or either parent, the court shall order either or both parents pay an amount reasonable or necessary for the child's support after considering all relevant factors including, but not limited to:

  1. The financial resources of the child;
  2. The financial resources of the custodial parent;
  3. The standard of living the child would have enjoyed had the marriage not been dissolved;
  4. The physical and emotional condition of the child and his or her educational needs; and
  5. The financial resources and needs of the non-custodial parent.
The court may, if in its discretion it deems it necessary or advisable, order child support and education costs for children attending high school at the time of their eighteenth (18th) birthday and for ninety (90) days after graduation, but in no case beyond their nineteenth (19th) birthday. In addition, the court may order child support to continue, in the case of a child with a severe physical or mental impairment, until the twenty-first (21st) birthday of the child.  

Any order for child support issued by the family court shall contain a provision requiring either or both parents owing a duty of support to a child to obtain health insurance coverage for the child when coverage is available to the parent or parents through their employment without cost or at a reasonable cost.

Child support orders entered after January 1, 1994 shall be subject to immediate income withholding on the effective date of the order.  [Based on Rhode Island Domestic Relations Law - Title 15 , Sections 15-5-16.2 and 15-5-24]

PREMARITAL AGREEMENT:  Parties to a premarital agreement may contract with respect to:

  • The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
  • The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
  • The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
  • The modification or elimination of spousal support;
  • The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
  • The ownership rights in and disposition of the death benefit from a life insurance policy;
  • The choice of law governing the construction of the agreement; and
  • Any other matter, including their personal rights and obligations, which are not in violation of public policy or a statute imposing a criminal penalty.
  • The right of a child to support may not be adversely affected by a premarital agreement.

[Based on Rhode Island Domestic Relations Law - Title 15 , Sections 15-17-3 and 15-5-24] » Return to top




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