Statutory Reference to Rhode Island General Laws:

Residence: § 15-5-12

Divorce: §§ 15-5-1, 15-5-2, 15-5-3, 15-5-3.1

Property Division: § 15-5-16.1

Alimony: § 15-5-16

Custody: 15-5-16

Visitation: § 15-5-24.1

Child Support: Family Court Administrative Orders

 

Residence:

Either spouse must have been a resident for one year prior to filing. 

 

Grounds:

No-fault: (1) Irreconcilable differences which have caused the irremediable breakdown of the marriage; (2) living separate and apart without cohabitation for three years.

Fault: (1) impotence; (2) adultery; (3) abandonment and presumed dead; (4) alcoholism or drug addiction; (5) confinement for incurable insanity; (6) failure to consummate marriage; (7) willful desertion for five years; (8) cruel and inhuman treatment; (9) bigamy; (10) life imprisonment; (11) spouse of unsound mind; (12) incest; (13) gross neglect. 

 

Distribution of Property:

Equitable distribution of property based on dual classification of property.  Each spouse shall keep separate property, defined as property owned prior to the marriage, gifts and inheritances.  All property held or acquired jointly during the marriage shall be divided between the spouses in a just and equitable manner.  Marital fault is not a factor.

 

Alimony/Spousal Support:

Alimony may be awarded to either spouse, in money or property, in lump sum or installments, having regard for the value of the property at the time of the award.  Marital fault is not a consideration. 

 

Child Custody/Visitation:

Custody shall be determined according to the best interests of the child.  Reasonable visitation shall be given to the non-custodial parent, unless it would be harmful to the child.  There is no specific provision for joint custody.

 

Child Support:

Child support guidelines are found in Family Court Administrative Orders 87-2, 92-4, 97-8.  The formula is based on the Income Shares Model, calculated on gross income.  Child support terminates at age 18.