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Divorce Law
§ 15-5-2 Additional grounds for divorce.
Divorces from the bond of marriage shall also be decreed for the following
causes:
(1) Impotency;
(2) Adultery;
(3) Extreme cruelty;
(4) 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;
(5) Continued drunkenness;
(6) The habitual, excessive, and intemperate use of opium, morphine, or
chloral;
(7) 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
(8) Any other gross misbehavior and wickedness, in either of the parties,
repugnant to and in violation of the marriage covenant.
§ 15-5-3 Separation of parties as ground for dissolution – Appeal.
(a) Whenever, in the trial of any petition for divorce from the bond of
marriage or any petition for dissolution of a marriage, it shall be alleged
in the petition that the parties have lived separate and apart from each
other for the space of at least three (3) years, whether voluntarily or
involuntary, the court shall, upon a finding that the allegation is true,
enter a judgment pending final judgment of divorce, which may include
provisions for alimony.
(b) Final judgment shall not be entered until the expiration of twenty (20)
days after entry of the judgment pending final judgment or, if the time for
taking an appeal has been extended pursuant to Rule 4 of the Rules of
Appellate Procedure, Article I, Rule 4 of the Supreme Court Rules, until the
expiration of the extended period.
(c) Final judgment may be entered ex parte and in chamber on the suggestion
of the prevailing party.
(d) If no final judgment is presented to the court for entry within thirty
(30) days next after the expiration of twenty (20) days from the date of
decision, after this a final judgment may be entered only in open court and
on motion.
(e) Notice of the filing of the motion shall not be required in cases in
which the original petition is unanswered.
(f) The taking of an appeal shall operate as a stay of the judgment during
the pendency of the appeal. Upon motion and for good cause shown:
(1) The family court may, prior to the filing of a notice of appeal, order
that the judgment become final and operative immediately; and
(2) The supreme court may, in the event an appeal is taken, vacate the
automatic stay provided under this section.
§ 15-5-3.1 Divorce on grounds of irreconcilable differences.
(a) A divorce from the bonds of matrimony shall be decreed, irrespective of
the fault of either party, on the ground of irreconcilable differences which
have caused the irremediable breakdown of the marriage.
(b) In any pleading or hearing for divorce under this section, allegations
or evidence of specific acts of misconduct shall be improper and
inadmissible, except for the purpose of making a determination pursuant to
§§ 15-5-16 and 15-5-16.1, or where child custody is in issue and the
evidence is relevant to establish that parental custody would be detrimental
to the child, or at a hearing where it is determined by the court to be
necessary to establish the existence of irreconcilable differences.
(c) Upon hearing of an action for divorce under this section, the acts of
one party shall not negate the acts of the other nor bar the divorce decree.
§ 15-5-12 Domicile and residence requirements.
(a) No complaint for divorce from the bond of marriage shall be granted
unless the plaintiff has been a domiciled inhabitant of this state and has
resided in this state for a period of one year next before the filing of the
complaint; provided, that if the defendant has been a domiciled inhabitant
of this state and has resided in this state for the period of one year next
before the filing of the complaint, and is actually served with process, the
requirement of this subsection as to domicile and residence on the part of
the plaintiff is deemed satisfied and fulfilled. The residence and domicile
of any person immediately prior to the commencement of his or her active
service as a member of the armed forces or of the merchant marine of the
United States, or immediately prior to his or her absence from the state in
the performance of services in connection with military operations as
defined in subsection (c) of this section, shall, for the purposes of this
section, continue to be his or her residence and domicile during the time of
his or her service and for a period of thirty (30) days after this.
Testimony to prove domicile and residence may be received through the ex
parte affidavit of one witness.
(b) Every word importing the masculine gender only shall be construed in
this section to extend to and include females as well as males.
(c) The term "services in connection with military operations" shall be
construed in this section to include persons serving with the American Red
Cross, the Society of Friends, the Women's Auxiliary Service Pilots, and the
United Service Organizations.
§ 15-5-13 Venue.
(a) All complaints for divorce from the bond of marriage and from bed and
board and complaints for relief without commencement of divorce proceedings
shall be filed in the county in which the plaintiff is residing, unless the
complaint is based upon the residence of the defendant, in which case the
complaint shall be filed in Providence County or in the county in which the
defendant resides.
(b) All complaints for divorce from the bond of marriage and from bed and
board and complaints for relief without commencement of divorce proceedings
may be tried and heard in the county in which the plaintiff resides, unless
the complaint is based upon the residence of the defendant, in which case
the complaint may be heard and tried in Providence County or in the county
in which the defendant resides. In the interest of convenience, the court
may, with the consent of the chief judge of the family court or any
associate justice designated by him or her and the parties, order any such
actions transferred to another county.
(c) The chief judge of the family court, or his or her designee, in
accordance with the provisions of the Family Court Act, § 8-10-14, may order
any complaint for divorce from the bond of marriage and from bed and board
and complaints for relief without commencement of divorce proceedings to be
transferred to Providence County for trial on the merits should it be
determined by the trial judge in the county in which the action was
originally brought that the trial would require a minimum of three (3) court
days for testimony. Any complaint, which is transferred under this section,
shall have priority on the trial calendar in Providence County.
...For
further information, please refer to the Rhode Island General Laws - Title
15
How Divorce Law
Affects You
Marital Separation Agreements
Explained
Marriage and
Living Together Laws
Rhode Island
Marriage License Law
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Child Support
§ 15-5-16.2 Child support.
(a) In a proceeding for divorce, divorce from bed and board, a miscellaneous
petition without the filing of divorce proceedings, or child support, the
court shall order either or both parents owing a duty of support to a child
to pay an amount based upon a formula and guidelines adopted by an
administrative order of the family court. If, after calculating support
based upon court established formula and guidelines, the court, in its
discretion, finds the order would be inequitable to the child or either
parent, the court shall make findings of fact and shall order either or both
parents owing a duty of support to pay an amount reasonable or necessary for
the child's support after considering all relevant factors including, but
not limited to:
(1) The financial resources of the child;
(2) The financial resources of the custodial parent;
(3) The standard of living the child would have enjoyed had the marriage not
been dissolved;
(4) The physical and emotional condition of the child and his or her
educational needs; and
(5) The financial resources and needs of the non-custodial parent.
(b) The court may, if in its discretion it deems it necessary or advisable,
order child support and education costs for children attending high school
at the time of their eighteenth (18th) birthday and for ninety (90) days
after graduation, but in no case beyond their nineteenth (19th) birthday. In
addition, the court may order child support to continue, in the case of a
child with a severe physical or mental impairment, until the twenty-first
(21st) birthday of the child.
(c) The court may, if in its discretion it deems it necessary or advisable,
appoint an attorney or a guardian ad litem to represent the interest of a
minor or dependent child with respect to his or her support, custody, and
visitation.
(i) In determining whether an appointment should be made, the court shall
consider the extent to which a guardian ad litem may assist in providing
information concerning the best interest of the child; the age of the child;
the wishes of the parents as well as their financial resources; the nature
of the proceeding including the level of contentiousness, allegations of
child abuse or domestic violence and the risk of harm to the child if a
guardian is not appointed; or conflicts of interest between the child and
parents or siblings;
(ii) The guardian ad litem shall be appointed from a list of persons
properly credentialed pursuant to administrative orders of the chief judge
of the family court;
(iii) The court shall enter an order of appointment stating the specific
assignment the optional and mandatory duties of the guardian ad litem, the
guardian's access to the child and confidential information regarding the
child, and a provision for payment of the costs and fees of the guardian ad
litem;
(iv) Communications made to a guardian, including those made by a child, are
not privileged and may or may not be disclosed to the parties, the court or
to professionals providing services to the child or the family;
(v) The guardian ad litem shall meet with the child, conduct an
investigation and upon request of the court shall prepare an oral or written
report that contains the procedural background of the case, identification
of all persons interviewed and other sources of information, a statement of
the child's emotional, medical, educational and social service needs, the
child's wishes and other factors relevant to the court's determination
regarding the best interests of the child;
(vi) Any written report of the guardian ad litem shall be marked as a full
exhibit in the proceedings, subject to cross-examination;
(vii) If the guardian ad litem requests confidential health care information
and consent is withheld, he or she shall apply to the court for leave to
obtain such information after compliance with § 5-37.3-6.1;
(viii) The guardian ad litem shall be given notice of and should appear at
all proceedings in family court that affect the interests of the child;
(ix) A person serving as a guardian ad litem under this section acts as the
court's agent and is entitled to quasi-judicial immunity for acts performed
within the scope of the duties of the guardian ad litem;
(x) The chief judge of the family court shall issue, through administrative
orders, rules governing the appointment and performance of guardians ad
litem in domestic proceedings.
(2) After a decree for support has been entered, the court may from time to
time upon the petition of either party review and alter its decree relative
to the amount of support and the payment of it, and may make any decree
relative to it which it might have made in the original suit. The decree may
be made retroactive in the court's discretion only to the date that notice
of a petition to modify was given to the adverse party if the court finds
that a substantial change in circumstances has occurred; provided, that the
court shall set forth in its decision the specific findings of fact which
show a substantial change in circumstances and upon which findings of facts
the court has decided to make the decree retroactive.
(d) In a proceeding to enforce a child support order, or a spousal support
order for a custodial parent having custody of a minor child, the court or
its magistrate may assign to the obligee such tangible personal property of
the obligor that will be sufficient to satisfy the child or spousal support
arrearage owed. The court or its magistrate, after a hearing, shall
establish the amount of the child or spousal support arrearage, and the
nature and value of the tangible personal property. To effect the
assignment, the court or its magistrate may order the obligor to execute and
deliver the documents of title which may be necessary to complete the
transfer of title to the property, and may order the obligor to deliver
possession of the property to the obligee. Whenever the obligor fails to
comply with the order assigning the property, the order of assignment shall
be regarded as a judgment vesting title to the property in the obligor as
fully and completely as if the obligor had executed and delivered the
documents of title.
(2) Any order for child support issued by the family court shall contain a
provision requiring either or both parents owing a duty of support to a
child to obtain health insurance coverage for the child when coverage is
available to the parent or parents through their employment without cost or
at a reasonable cost. "Reasonable cost" shall be defined in accordance with
guidelines adopted by administrative order of the family court in
conjunction with the child support guidelines.
(3) Any existing child support orders may be modified in accordance with
this subsection unless the court makes specific written findings of fact
that take into consideration the best interests of the child and conclude
that a child support order or medical order would be unjust or inappropriate
in a particular case.
(4) In addition, the national medical support notice shall be issued with
respect to all orders issued, enforced, or modified on or after October 1,
2002, in accordance with chapter 29 of title 15. The notice shall inform the
employer of provisions in the child support order, for health care coverage
for the child, and contain instructions on how to implement this coverage.
In lieu of the court ordering the non-custodial parent to obtain or maintain
health care coverage for the child, the court may order the non-custodial
parent to contribute a weekly cash amount towards the medical premium for
health care coverage paid by the state of Rhode Island and/or the custodial
parent. The method to determine a reasonable weekly amount shall be
addressed in the family court administrative order pertaining to the child
support guidelines.
(e) In a proceeding to establish support, the court in its discretion may,
after opportunity for a hearing, issue a temporary order for child support
payable into the registry of the court and to be held pending entry of
judgment. In the event of a final adjudication requiring no payment or
payments in an amount less than those payments which have been made pursuant
to a temporary order under this section, the defendant shall be entitled to
a refund of all or a portion of the amounts paid.
(f) In any proceeding to establish support, or in any case in which an
obligor owes past due support, for a child or children receiving public
assistance pursuant to chapter 5.1 of title 40, the court or its magistrate,
upon a finding that an able bodied absent parent obligor is unemployed,
underemployed or lacks sufficient income or resources from which to make
payment of support equal to the public assistance payment for the child or
children, or is unable to pay the arrearages in accordance with a payment
plan, may order that parent to perform unpaid community service for at least
twenty (20) hours per week through community service placements arranged and
supervised by the department of human services and/or the division of
taxation within the department of administration or to participate in any
work activities that the court deems appropriate. The performance of
community service shall not be a basis for retroactive suspension of arrears
due and owing.
(g) In any proceeding to establish support for a minor child whose
adjudicated parent is a minor (minor-parent), the court or its magistrate
may order a grandparent of the minor child to reimburse the department of
human services in an amount not to exceed the total amount of cash
assistance benefits paid to or for the minor child pursuant to chapter 5.1
of title 40 until the minor-parent reaches the age of eighteen (18), less
any payment made to the department
by the minor parent.
(2) The obligation of reimbursement for the minor child shall be the joint
and several responsibility of the minor parent and the grandparent(s) until
the minor parent reaches the age of eighteen (18); provided, that each joint
obligor shall have a right of contribution against each joint obligor, which
right shall be enforceable by an action in the family court.
(h) All support orders established or modified in the state on or after
October 1, 1998, shall be recorded with the Rhode Island family
court/department of administration, division of taxation child support
computer enforcement system, which maintains the official registry of
support orders entered in accordance with applicable administrative orders
issued by the Rhode Island family court. The support order shall be recorded
whether or not services are being provided under the IV-D state plan.
(2) The obligee to a paternity or child support proceeding shall be required
to file with the family court, upon the entry of the order, the appropriate
form as provided by family court which includes the full name of the
parties, residential and mailing address, telephone number, drivers license
number, social security number and the name, address and telephone number of
the employer. The form shall also include the full order amount and date and
amount of arrearages if any, the name of the child(ren), their date of
birth, address and social security number and any other information as
required by administrative order.
(3) After this, each party is required to file an amended form whenever any
of the information contained on the original form has been changed in any
way, within ten (10) days of the change. The information shall be entered in
the child support enforcement computer system within five (5) business days
of receipt of the amended form.
(i) In any subsequent child support enforcement action between the parties,
upon sufficient showing that diligent effort has been made to ascertain the
location of such a party, the court may deem state due process requirements
for notice and service of process to be met with respect to the party, upon
service by first class mail or, where appropriate, by service as specified
in the Rhode Island rules of procedure for domestic relations for the Family
Court of Rhode Island, of written notice to the most recent residential or
employer address of record.
...For
further information, please refer to the Rhode Island General Laws - Title
15
Rhode
Island Office of Child Support
Child
Support Explained
Child Support in Rhode
Island
Frequently Asked Questions
Child Custody
and Visitation Law
§ 15-5-19 Restraining orders – Treatment
for harmed or menaced spouse – Custody of children – Allowances – Alimony
and counsel fees. (ABBREVIATED)
(d) In regulating the custody of the children, the court shall provide
for the reasonable right of visitation by the natural parent not having
custody of the children except upon the showing of cause as to why the right
should not be granted. The court shall mandate compliance with its orders by
both the custodial parent and the children. In the event of noncompliance,
the non-custodial parent may file a motion for contempt in family court.
Upon a finding by the court that its order for visitation has not been
complied with, the court shall exercise its discretion in providing a
remedy, and define the non-custodial parent's visitation in detail. However,
if a second finding of noncompliance by the court is made, the court shall
consider this to be grounds for a change of custody to the non-custodial
parent.
(e) In all hearings regarding denial of
visitation, the court shall make findings of fact.
§ 15-5-16 Alimony and
counsel fees – Custody of children. (ABBREVIATED)
(a) In granting any petition for divorce, divorce from bed and board, or
relief without the commencement of divorce proceedings, the family court may
order either of the parties to pay alimony or counsel fees, or both, to the
other.
…
(d) In regulating the custody
of the children, the court shall provide for the reasonable right of
visitation by the natural parent not having custody of the children, except
upon the showing of cause why the right should not be granted. The court
shall mandate compliance with its order by both the custodial parent and the
children. In the event of noncompliance, the noncustodial parent may file a
motion for contempt in family court. Upon a finding by the court that its
order for visitation has not been complied with, the court shall exercise
its discretion in providing a remedy, and define the noncustodial parent's
visitation in detail. However, if a second finding of noncompliance by the
court is made, the court shall consider this to be grounds for a change of
custody to the noncustodial parent.
(2) In regulating the custody and determining the best interests of
children, the fact that a parent is receiving public assistance shall not be
a factor in awarding custody.
(3) A judicial determination that the child has been physically or sexually
abused by the natural parent shall constitute sufficient cause to deny the
right of visitation. However, when the court enters an order denying
visitation under this section, it shall review the case at least annually to
determine what, if any, action the parent has taken to rehabilitate himself
or herself and whether the denial of visitation continues to be in the
child's best interests.
(4) The court may order a natural parent who has been denied the right of
visitation due to physical or sexual abuse of his or her child to engage in
counseling. The failure of the parent to engage in counseling, ordered by
the court pursuant to this section, shall constitute sufficient cause to
deny visitation.
(e) In all hearings regarding denial of visitation, the court shall make
findings of fact.
(f) This chapter does not affect the right of the family court to award
alimony or support pendente lite.
(g) Notwithstanding the provisions of this section and § 15-5-19, the court,
when making decisions regarding child custody and visitation, shall consider
evidence of past or present domestic violence. Where domestic violence is
proven, any grant of visitation shall be arranged so as to best protect the
child and the abused parent from further harm.
(2) In addition to other factors that a court must consider in a proceeding
in which the court has made a finding of domestic or family violence, the
court shall consider as primary the safety and well-being of the child and
of the parent who is the victim of domestic or family violence. The court
shall also consider the perpetrator's history of causing physical harm,
bodily injury or assault to another person.
...For further information, please refer to the Rhode Island General Laws -
Title 15
FAQ on Child
Custody and Visitation
Child Custody
Resources
Property
Division
§ 15-5-16.1 Assignment of property.
(a) In addition to or in lieu of an order to pay spousal
support made pursuant to a complaint for divorce, the court may assign to
either the husband or wife a portion of the estate of the other. In
determining the nature and value of the property, if any, to be assigned,
the court after hearing the witnesses, if any, of each party shall consider
the following:
(1) The length of the marriage;
(2) The conduct of the parties during the marriage;
(3) The contribution of each of the parties during the marriage in the
acquisition, preservation, or appreciation in value of their respective
estates;
(4) The contribution and services of either party as a homemaker;
(5) The health and age of the parties;
(6) The amount and sources of income of each of the parties;
(7) The occupation and employability of each of the parties;
(8) The opportunity of each party for future acquisition of capital assets
and income;
(9) The contribution by one party to the education, training, licensure,
business, or increased earning power of the other;
(10) The need of the custodial parent to occupy or own the marital residence
and to use or own its household effects taking into account the best
interests of the children of the marriage;
(11) Either party's wasteful dissipation of assets or any transfer or
encumbrance of assets made in contemplation of divorce without fair
consideration; and
(12) Any factor which the court shall expressly find to be just and proper.
(b) The court may not assign property or an interest in property held in the
name of one of the parties if the property was held by the party prior to
the marriage, but may assign income which has been derived from the property
during the term of the marriage, and the court may assign the appreciation
of value from the date of the marriage of property or an interest in
property which was held in the name of one party prior to the marriage which
increased in value as a result of the efforts of either spouse during the
marriage. The court also shall not assign property or an interest in
property which has been transferred to one of the parties by inheritance
before, during, or after the term of the marriage. The court shall not
assign property or an interest in property which has been transferred to one
of the parties by gift from a third party before, during, or after the term
of the marriage.
(c) The assignment of property, if any, to be made shall precede the award
of alimony, since the needs of each party will be affected by the assignment
of property, and once made in a final decree shall be final, subject only to
any right of appeal which the parties may have. Any assignment made by the
family court shall be regarded as a judgment for debt so that suit may be
brought or execution may issue on the debt for the property due and
undelivered, or the amount due and unpaid to be shown by affidavits of the
person entitled to the property and the attorney of record of the person,
the executions to run against the goods and chattels of the husband and
wife, as the case may be; and the court may make all necessary orders and
decrees concerning the suits or executions.
...For further
information, please refer to the Rhode Island General Laws - Title 15
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