See if you Qualify in Rhode-island
Online Divorce provides qualitative and approved by the court Rhode Island divorce papers. The information below will help you understand more about the divorce in Rhode Island. However, if you feel any doubts or insecurities, we will help you to figure out how to get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Rhode Island. We guarantee that in a short time you will receive the correct Rhode Island divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.
Below you can find common steps of how to get divorce in Rhode Island:
1. The main condition for obtaining a divorce in the state of Rhode Island must be the fact that the marriage has legal force. If the marriage was made with violations of the state rules, then it is considered non-existent and in that case it is not possible to get a divorce.
2. You or your spouse must comply with Rhode Island's residency requirements, which in principle are fairly simple.
3. You must have grounds why you want to dissolve the marriage. Legislation provides 2 types of reasons that led to the severance of relations: they are fault and no-fault. Fault grounds mean that your spouse has done a serious action during the marriage, which led to a break in the marriage relationship and now you want to get a divorce. However, to indicate this misconduct in your Rhode Island divorce documents is not enough, you still need to provide the court with strong evidence of your spouse's guilt. With no-fault reasons it's much easier, you do not take your dirty clothes out for public viewing, you simply state that you do not cohabit with your spouse for a long period of time, or between both of you there are irreconcilable differences that do not allow you to live as a married couple.
4. If you have underage children, you must decide on the issue of custody. Also discuss the amount of financial support for the child and the amount of alimony, if you are applying for them. If you acquired any property in marriage, during the divorce in the state of Rhode Island, it should be divided between the spouses, this nuance you also need to discuss and document in addition to your divorce form documents . If you and your spouse can’t agree on any of the issues, then the court will make its own decision regarding the disputes based on an analysis of a number of factors that occur in your marriage.
5. The next step is to fill out the Rhode Island divorce papers. This is one of the longest and most time consuming processes, because what kind of documents you should fill out will depend on the type of your divorce. It does not matter, either it is uncontested, or it is a contested divorce, you still need to fill out the forms established by the law of the state of Rhode Island. Please note that if you make mistakes when filling out forms or fill out documents that do not relate to the circumstances of your divorce, the court will reject your application, which will lead to the fact that your divorce proceedings will be delayed. However, do not be afraid, you can initiate an divorce in Rhode Island using the online divorce service, simply by answering questions about your marriage. In this way it can greatly speed up the process of divorce, as well as give you guarantees that you will receive correctly filled papers that correspond to the circumstances of your divorce.
6. Once all of the above is ready, you need to sue the court, as well as provide your spouse with copies of your Rhode Island divorce papers, thereby informing him or her about the beginning of the divorce proceedings. After this, you need to pass the statutory waiting period, after which the court will begin proceedings regarding your case.
If you wish to apply for a divorce in Rhode Island, then you must comply with the conditions of the state. State law requires plaintiffs to satisfy the conditions of residence before submitting an application to the court. Thus, before you submit Rhode Island divorce papers to the office, you or your spouse are required to be residents of the state for one year prior to filing the claim.
Valid Grounds to get divorce
In order to get a divorce in the state of Rhode Island, in addition to meeting the requirements for residence, you still have to have the grounds that led to the severance of the relationship. Like most states, the Rhode Island law will allow couples to apply for divorce on the basis of fault and no-fault grounds. Fault grounds are the actions of your spouse, which led to the fact that you want to end the marriage. These include:
1) Adultery - the spouse had sex with another person who is not a plaintiff;
2) One of the spouses is impotent;
3) One of the spouses showed severe treatment or violence directed at family members;
4) One of the spouses is addicted to alcohol and this disease lasts for a long period.
Note that if you are applying for a divorce in the state of Rhode Island based on the fault grounds, then you will be obliged during the hearing to provide the court with incontrovertible evidence of your spouse's guilt. This can be quite a nervous and unpleasant process, since everything you have tried to hide from others will be publically displayed. Therefore, many couples prefer to file for divorce on the basis of no-fault grounds. This means that between you and your spouse there are irreconcilable differences that do not allow you to be together no more. In this case, you do not need to prove anything to the court. You simply state the fact of the severance of relations on the basis of irreconcilable relations or the fact that you and your spouse voluntarily do not cohabit for at least 1 year.
Annulment also ends the marriage, but it is not the same as divorce. The annulment applies to those marriages that are invalid, in other words, they were concluded with violations of the rules of the state of Rhode Island. Recognize the marriage as invalid, provided that at least one of the following has taken place:
1) you and your spouse are close relatives to each other;
2) bigamy, one of the spouses had an active marriage at the time of the getting the current marriage;
3) one of the spouses was mentally incompetent at the time of marriage and could not give his consent;
4) one of the spouses refuses to have sex with their partner during the marriage;
To recognize the marriage as invalid , you need to go through the same steps as for the divorce in Rhode Island, that is you need to have grounds for ending the marriage, fill out the documents and file them in court. After that, wait for the court's decision on annulment.
Custody of the Child
When spouses are divorcing in the state of Rhode Island, one of the most important issues to be decided by the court is the custody of underage children born in marriage if any. According to state law, there are 2 types of guardianship: joint - in which parents equally have rights and responsibilities in the process of child upbringing and individual - in which one of the parents has more authority than the second spouse.
Usually, before the divorce, some couples have already agreed on custody and the plan for visiting the child and formalized their agreement documentarily, if it meets the best interests of the child, then the court will approve it. If, however, the couple could not agree on exactly how the guardianship should be granted, then the court will decide on its own, which will be based on what is best for the child. Unlike other states, during divorce in Rhode Island, there is not a clear list of factors that the court should analyze when deciding on custody, so the court may require you to describe all sorts of events that took place in the family.
Rules for Child Support
State law requires that spouses, after a divorce, support their minor children born in wedlock. This means that both parents must provide financial assistance to a child who will cover his or her needs. It is understood that both parents must financially support the child, but the amount of financial support is assigned to the parent who is not the primary guardian and whom the child spends less time, because it is believed that the child's principal guardian is already spending financial resources on the child's upbringing in the process how the child lives with him or her. The amount of financial support for a child is calculated on the basis of the needs of the child, as well as the financial resources of parents and the ability to meet these needs. Similarly, parents are required to pay the child education and health insurance. Money for the maintenance of the child is taken from the gross income of the parent. Gross income is the amount that you receive from all your sources of income before the taxes and other deductions are calculated. In some situations, the amount of child support may be increased or decreased compared to the standard if the court is satisfied that the child's requirements are overstated or underreported or do not match the capabilities of the parents.
Rules for Spousal Support
If you are divorcing in the state of Rhode Island, you can also claim support from your spouse. Alimony is the financial support that one spouse receives from a second spouse to meet the needs of the asking spouse so that he or she can become financially independent or receive the necessary education that will provide him or her with work that will bring in a stable income. The amount and the period of payment of alimony are reviewed by the court after an analysis of the following factors:
1) duration of marriage;
2) the age, mental and emotional health of each spouse;
3) sources of income for each spouse;
4) the presence of custody of a minor child at the requesting spouse;
5) the level of life of the couple during marriage;
6) the ability of the requesting party to obtain the necessary education or skills that will help him or her find a good job;
7) the contribution each of the spouses has made to marriage and maintenance of the household;
8) employment of each spouse;
Please note that the amount of alimony is calculated on the basis of the income of the paying spouse, so if you are applying for financial assistance from your spouse, you should indicate in your Rhode Island divorce papers at least the approximate income level of your spouse (if you do not know the exact one).
Also keep in mind that the payment of alimony is automatically terminated if the party that receives them remarries.
Divorce in the state of Rhode Island pulls the division of the couple's common property. By common property means everything that was acquired by you and your spouse during the marriage, including both assets and liabilities. However, if you have any kind of property that you acquired before the marriage, it will be considered private property, which by law is not subject to division. There is also a nuance about the property that was donated or inherited during the marriage - this kind of sociality is also considered private. So keep in mind that if you want a fair solution, in your divorce form documents you need to list all the assets that you had before marriage and what was acquired after the marriage was registered.
Rhode Island is the state in which the rule of equitable distribution operates. This means that all the common property that you own will be divided fairly. This does not always mean that it will be divided equally. For example, if you have a car that was purchased during a marriage, it will most likely be left to one of the spouses, and the second will receive a cash compensation of half the estimated value of the car.
When deciding on the division of property, the court will take into account various factors, some of which are: the length of marriage; the contribution each of the spouses has made in the marriage; the cost of each asset and liability; the employment of each spouse; the income sources of each spouse, and other factors that the court will consider important.
Divorce without a lawyer in Rhode Island
If you apply for a divorce in Rhode Island, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Rhode Island can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.
With a divorce in Rhode Island, there are no strict requirements for the use of the help of mediators. However, any spouse may voluntarily use the services if he or she finds that a third party is able to resolve disputes between divorcing spouses. Usually, mediators are involved in the process to address issues such as custody of underage children or the division of common property.
Divorce Forms in Rhode Island
In the state of Rhode Island, there are various divorce form documents. Which exactly you need to fill will vary from different factors, for example, whether there are underage children in marriage or not, as well as from the county in which you file a claim. However, the most widely spread Rhode Island divorce papers are "Complaint", the "Verification" and the "Summons". Note that if you fill in something wrong or make mistakes, the court will not accept your divorce form documents and you will have to redo them. However, do not worry about this. Many couples have found that filling out Rhode Island divorce papers using the Online Divorce service is a quick and easy way to get a divorce. Online Divorce is the best provider of divorce form documents in the USA. We guarantee that the Rhode Island divorce papers filled out with our help will be 100% accepted by the court. You do not need to spend a lot of nerve and time on the completion of your documents. The only thing that is required of you is to answer a number of simple questions about your marriage, and all the rest of the Online Divorce service will do for you. We will provide you fast with quality divorce form documents that you will only need to sue.
Uncontested Divorce in Rhode Island
If you are faced with a divorce, then you will want to go through this whole process as quickly as possible. In this case, the legislation of the shatat provides for a separate type of divorce in the state of Rhode Island, which is called uncontested. It is a simple way to dissolve a marriage that does not provide for litigation and hearings. The main idea of ??the uncontested divorce is that you and your spouse do not have any controversial questions about custody, the division of property, the amount of financial support for the child, alimony and any other issues that may arise during divorce. In other words, you and your spouse have already agreed on everything that may concern your divorce case and do not ask the court to resolve your disputes.
In order to get an uncontested divorce in the state of Rhode Island, you need to meet the following requirements:
1) Both spouses want to get a divorce and agree that divorce is made on the basis of no-fault reasons;
2) Both spouses, or at least one of them, lived on the territory of the state for a period of 1 year prior to filing the divorce form documents to the court;
3) You must document your decision on all matters that relate to your divorce and attach it to your Rhode Island divorce papers.
After that, you will have a waiting period of up to 60 days, after which the court will grant a divorce.
How to Serve Divorce Papers in Rhode Island
After you have filled out all the needed Rhode Island divorce papers and send them to the court, you need to inform your spouse about the beginning of the divorce process. State rules allow you to do this in two ways:
1) hire a local sheriff to transfer papers to your spouse;
2) use the help of a professional notification service;
Regardless of the method you choose, you will receive a receipt indicating that you served your spouse. This receipt also needs to be sue.
In case you do not know the location of your spouse, you can ask the court to allow you to make a statement in the local newspaper about the beginning of the divorce proceedings. This case works when there is no way to contact with the spouse.
After that, the court will start hearing about your case, if you do not have any disputable issues, then the court will grant a divorce quite quickly.
Total fees will contain sum of Rhode Island court filing fees and cost of using the service of online divorce in Rhode Island. This cost may vary by county. Please check with your local court officer to determine the exact amount.