How to File For Divorce in Rhode Island

1. How to File For Divorce in Rhode Island Each State in the United States has its procedures when filing for divorce. In Rhode Island, they have procedures for filing uncontested and contested divorce cases. It is worthwhile securing the services of a divorce attorney in Rhode Island to assist you through the process. In Rhode Island, to file for divorce, you must meet the residency requirements. To get a divorce in the state, the filing spouse, or the plaintiff, must be a resident of Rhode Island for a minimum of one year immediately before they file. If the plaintiff does not live in the state, the residency requirement can be met when a non-filing spouse, the defendant, has lived in the state for a minimum of one year and is served the divorce papers personally. Your divorce attorney in Rhode Island will file the paperwork in the family court. This is usually done in the family court in the county where you live. If you don't live in Rhode Island, you can file the complaint in Providence County or the county where the defendant lives. This state does allow fault-based and no-fault divorces. No-fault divorces are where the court does not require the spouse to prove the other bad acts were the cause of the divorce, while fault based, is where one or both spouses must show the other actions were the grounds for the failed marriage. No-fault divorces resolve faster than fault-based divorces in Rhode Island. This is because the spouses don't have to argue or prove who was responsible for the breakdown of the marriage. There are two no-fault grounds for divorce in the state. The first is irreconcilable differences when spouses can no longer get along. The second is separation, when the spouses have been living apart or separately for a minimum of three years, this can be voluntarily or involuntarily. Fault-based divorces in Rhode Island are more complex and require the assistance of a divorce attorney. This is when one or both of the spouses have to present evidence to the judge to prove the other spouse committed acts that meet the fault-based grounds for divorce. This can include impotency, extreme cruelty, adultery, willful desertion for five years, continued drunkenness, or habitual use of drugs. Filing for divorce is based on whether you are filing contested or uncontested. Uncontested is where the spouses already agree on all the divorce matters, including property division, child custody, and child support. Contested divorces, on the other hand, is when one of the spouses disagrees on at least one of these topics and requires the court to decide the issues in their divorce.

2. Uncontested divorces will resolve faster and are cheaper than contested divorces as there is no fighting it out in the courtroom. The judge reviews and approves the settlement agreement, issuing a divorce decree. Filing for divorce requires your divorce attorney in Rhode Island to file a complaint and any other forms, including any financial disclosures. The spouse then files their answer. The forms are available from the Domestic Relations Division of the Superior Court, though it is worthwhile allowing your divorce attorney to handle the paperwork on your behalf, ensuring it is accurate before filing to reduce the risk of unnecessary delays. When filing the paperwork there are court filing fees payable, the paperwork can also be filed electronically at an additional fee. About Us: John R Grasso is an attorney admitted to practice in Rhode Island, Massachusetts. He is also admitted to the Federal District Courts. He is a member of the Bar of the United States Supreme Court and has an experienced support team working alongside him to help focus on securing a resolution in the shortest period. John Grasso represents criminal defendants on misdemeanors and felony charges throughout the area. He handles a wide range of cases daily from domestic violence cases to immigration disputes and DUI cases to robbery and so much more. To find out more, visit https://johngrassolaw.com/.