Divorce
Divorce is never easy; the break-up of families and the separation of loved ones is a complex process that requires intensely personal decisions. At Gemma Law Associates, Inc., we have helped many clients through the difficult divorce process. We may not be able to alleviate the emotional pain that divorce inevitably causes, but we can help you navigate Rhode Island’s divorce laws while looking out for the best interests of you and your children.
In Rhode Island, you must declare the reason why you are divorcing; you can file on the basis of either fault or no-fault grounds. No-fault essentially means that you and your spouse don't wish to claim abuse or neglect as a reason for your divorce, and instead you will use one of the following conditions as the cause:
- Irreconcilable differences.
- Living separate for at least three years.
A divorce based on fault means that you or your spouse blames the divorce on some form of personal failing or inappropriate behavior. You must claim one of the following conditions:
- Impotency.
- Adultery.
- Extreme cruelty.
- Desertion.
- Drunkenness or drug abuse.
- Neglecting to provide for spouse.
- Gross misbehavior.
Once the grounds have been established, you will need to decide on several matters surrounding the dissolution of your marriage, including:
- Child custody.
- Child support.
- Property division.
- Alimony.
Rhode Island is an equitable distribution state, which means that property is distributed based on what the court considers to be equitable – not necessarily equal. There are multiple factors that a judge will consider in the division of property, but your share of any property – and the way child support is calculated – is at the court's discretion. A skilled divorce attorney can make a significant difference in these decisions, so it is vital that you consult with a lawyer experienced in Rhode Island divorce law.
If you are filing for divorce or your spouse already has, contact Gemma Law Associates, Inc. at 401-467-2300 or submit an online contact form. We've been helping family law clients in Rhode Island for more than 45 years – and we can help you.
