Rhode Island Divorce and Marriage Lawyer
Marriage
Prenuptial agreements
When couples wed each other they pledge love to each other 'til death do us part', unfortunately, the reality of life is such that many marriages will end up in the divorce courts. In Rhode Island the most recent government statistics show that there was an average of 3,100 divorces per year between 1997-2001 according to the Rhode Island Department of Health who maintains records of Birth, Death and Marriage. In the same period of time there was an average of 8,000 marriages, which means that, in Rhode Island, approximately 4 out of every 10 marriages will end in divorce.
Prenuptial agreements are contracts entered into prior to getting married that include provisions about spousal support and the division of property should the marriage end in divorce. Prenuptials do not include child support and custody issues. Issues of Child Custody are evaluated on factors that are in the best interest of the child (link to child custody page) as detailed in the Rhode Island Supreme Court case law Pettinato vs. Pettinato. Child support is done by calculation of the parties income, and is a formula set out by the Rhode Island Child Support Guidelines
If you need Prenuptial Agreement then it is important that you work with a Rhode Island Family Law Lawyer such as Attorney Brenda L. Fortune, a caring, dedicated attorney.
Divorce
As stated above 4 out of every Rhode Island marriages end in divorce. A divorce proceeding is one that should not be entered into without the legal representation of a Rhode Island Family Law Attorney who is totally focused on your interests.
There are two (2) types of divorce in Rhode Island:
- Absolute Divorce; or
- Divorce from Bed and Board
A Complaint for an Absolute Divorce may be filed under one of three separate grounds: No Fault, Fault, or Separation.
- No fault divorces: are granted in Rhode Island under the Statutory grounds of Irreconcilable Differences. All most all divorces in Rhode Island are filed under the statutory grounds of No-Fault, Irreconcilable Differences. Under No-Fault, only the filing spouse needs to testify that Irreconcilable Differences have led to the irremediable breakdown of the marriage and there is no chance of reconciliation between the parties. Under the No-Fault statute, a party may still advise the court of fault reasons for the sole purpose of an unequal distribution of the marital assets. However, the party will not be required to prove fault as the basis for obtaining an absolute divorce.
- Fault divorces are granted only upon proof of fault by a spouse. In Rhode Island, it is very rare that a party will file for divorce based on fault. It is rare to file such because the movant will be required to prove in court that fault occurred in order to be granted an absolute divorce. Rhode Island acknowledges the following as a fault basis for Divorce:
- Impotency;
- Adultery;
- Extreme cruelty;
- 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;
- Continued drunkenness;
- The habitual, excessive, and intemperate use of opium, morphine, or chloral;
- 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
- Any other gross misbehavior and wickedness, in either of the parties, repugnant to and in violation of the marriage covenant.
- Separation divorces are granted only upon proof that the parties have lived separate and apart for a period of three (3) or more years. The benefit of filing under this statute is that a party may receive the Final Divorce Decree upon the passing of Twenty (20) days after the entry of the interlocutory decree. If filed under no fault or fault, the party may receive their Final Divorce Decree upon the passing of Ninty (90) days after the Judge hears testimony and ORDERED, ADJUDGED and DECREEDS the divorce granted.
CONTESTED DIVORCE VS. UNCONTESTED DIVORCE
Contested divorce: simply means that the parties do not agree on the terms of the divorce and therefore the terms of the divorce are resolved after on-going negotiations by the parties' attorneys, or ultimately decided by a Judge after a trial. Typically, parties that have assets, including but not limited to, a house, pensions, stocks, bonds, ect., are considered a Contested Divorce by Rhode Island Attorneys. Divorces are also considered Contested by most Rhode Island Attorneys if there is a dispute on Child Custody, Child Support and/or Alimony requests.
Uncontested divorce: generally means that the parties agree on the terms of the divorce prior to the filing of their Complaint for divorce and no formal discovery needs to be conducted as typically the parties do not have any substantial assets.
A Complaint for a Divorce from Bed and Board: is a form of legal separation in Rhode Island. Divorces from bed, board, and future cohabitation, is utilized until the parties are reconciled. The court may assign to the petitioner a separate maintenance out of the estate of the marriage.
Couple who are struggling and have reached the end of their marriage need to engage an experienced and caring family law Attorney Brenda L. Fortune who will aggressively pursue the very best out outcome for her clients and the children of the marriage.
Family Lawyer Brenda L. Fortune will pursue the best possible outcome for you, including issues of
- Alimony
- Child Custody
- Child Support
- Health Insurance
- Division of martial assets
