Rhode Island Divorce LawsRhode Island divorce has a basis in traditional values, and for that reason they differ in some respects from more secular states. In many respects the laws governing grounds for divorce in Rhode Island are similar to most other states around the country, but there are several ways in which Rhode Island differs.Rhode Island law includes all the common grounds for divorce noted in most states, such as adultery, extreme cruelty, abandonment, and gross negligence with regards to marital duties. One factor to note here is that abandonment in many states requires only one year of prolonged intentional absence on the part of a spouse - in Rhode Island, this factor is only grounds for divorce after five years of absence. A few of the other grounds for divorce taken into account by Rhode Island divorce laws include impotency and alcoholism, which are recognized in some other states but not all. One grounds for divorce which is fairly unique to Rhode Island is the excessive use of drugs such as morphine and opium. Rhode Island is also unique in the fact that it encompasses "wickedness" on the part of a spouse as grounds for divorce, with wickedness being defined as a deliberate action which disregards of the sanctity of marriage. A divorce can also be filed for on No Fault grounds if the spouses have issues that they can't possibly resolve on their own, or if they can demonstrate they have been separated and not living together for at least three consecutive years.The decision regarding who will have custody of any children from the marriage after the divorce will be made by a judge based on which parent is deemed to be the most inclined to maintain the relationship between the kids and the other spouse. The general goal is to make sure the children still have a healthy relationship with both parents as much as possible after the divorce. Unless there is a good reason why one parent shouldn't see the children, the court will grant visitation rights to the parent who does not win custody. Child support payments are calculated based on a number that is determined by the total income of the two parents combined. From this total amount of income that needs to be devoted to child care, the court will decide if, and how much, one parent should pay the other in support of the children with an aim to creating a balance between the contributions of each parent. Then there's also the subject of alimony payments, more commonly known these days as spousal support. Spousal support is genereally required to be paid in situations where the divorce will cause a reduction in the means of one of the spouses. In an ideal situation, the courts in Rhode Island would prefer that couples make a support arrangement amongst themselves. In other cases, the court will decide on alimony payments based on about a dozen factors. These include factors relating to the financial life of each spouse, such as future potential for employment and investment income. If the court determines that one spouse will be at a financial disadvantage due to sacrifices made for the sake of the marriage, there is good chance that spousal support will be awarded. This may be for an indefinite period, or a limited period - for instance, enough time for the disadvantaged spouse to pursue the training needed for a new career. Beyond the decisions of child custody and payments for child support and alimony, there is also the subject of how marital property should be divided up. This factor is actually closely linked to the matter of spousal support. Each spouse's financial circumstances and prospects for the future in terms of earnings potential are taken into account by the judge when deciding on a fair division of the assets and property of the marriage. The goal is to achieve a fair distribution so that both spouses can survive comfortably with minimal changes to lifestyle after the divorce. That doesn't necessarily mean you will get half of everything, as some assets can't be liquidated in the short term to divide equally between each spouse. Beyond that, under Rhode Island divorce laws the judge may decide that a fair distribution means one spouse who has greater potential to acquire assets in the future may be awarded less than half of the marital property. Of course, the element of who is at fault in the divorce - if anyone - can also play a significant role in the divison of property. Return from Rhode Island Divorce Laws to Divorce Laws
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