The state of Rhode Island recognizes both no-fault and fault-based divorce filings, however, in any type of filing, the divorce proceedings must be resolved, whether via the uncontested route or via a contested route. In essence, a contested divorce is one where neither spouse can mutually agree upon the terms of their divorce, and in turn, will require the intervention and decision of the courts to resolve divorce issues. In an uncontested divorce, spouses and their legal counsel will resolve these issues, often including items such as division of property and child custody, outside the courts. The agreement is then forwarded to the courts for approval, which is more often than not granted. One of the main benefits of the uncontested route is that both spouses retain control over the outcome of the divorce case, but additionally, the costs and time consumed by the uncontested route is significantly less than that associated with a contested divorce settlement.
Residency Requirements
In order to meet the residency requirements for filing divorce in Rhode Island, as denoted by Rhode Island divorce law, at least one (1) spouse must have maintained continuous residency within the state for a period of one (1) year prior to the divorce filing date.
Grounds for No-Fault Divorce
The state of Rhode Island recognizes the following grounds as sufficient basis for seeking a no-fault divorce, including:
- Citing irreconcilable differences are the cause of an irremediable breakdown of the marriage
- Or, that both parties have gone without cohabitation for at least three (3) years
Talk to a Lawyer
In virtually all divorce cases, having legal counsel involved from the beginning is advisable. For most individuals, the process of filing paperwork and documenting claims for the courts will require the insight and skills of a legal professional. More importantly, however, using legal counsel during the uncontested divorce process will ensure your legal rights are preserved during ongoing divorce settlement negotiations. As seen in many divorce cases, significant, long-term issues must be resolved by both parties in a mutually agreeable fashion. Having dedicated legal counsel involved can provide assurance that this process will proceed effectively and favorably for you. For more information and insight into the uncontested divorce process in Rhode Island, including how your marriage may potentially be dissolved favorably under the auspices of an uncontested divorce, consult with a Rhode Island divorce lawyer to learn more today.
