Rhode Island No Fault Divorce

If the divorcing couple applies for the no fault divorce, this does not imply that if any fault exists then it is not important. In this state, fault has considerable importance. If one of the divorcing partners can prove that the other divorcing partner is at fault, then it is possible to procure a disproportionate share of the marital assets. While determining the alimony, fault may be a small factor.

Grounds of Rhode Island No Fault Divorce

The marriage between the divorcing partners has broken down irretrievably due to one or both of the following reasons.

• Irreconcilable differences: it can be said that such differences exist if one or more of the following are noted
  • Falling out of love
  • Argument
  • Domestic violence
  • Different aspirations and goals
  • Lack of communication
  • Any other reason
• Incompatibility of temperament

Any one of the divorcing partners must have resided in this state for minimum 1 year prior to the date of filing the divorce papers. The county in which the Plaintiff is staying is usually chosen as the venue for filing the divorce papers.

There are some individuals who maintain a residency in this state but are stationed in the military. In case of these people, they can fulfill the residency requirements of this state even if they move the day after the filing is done.

Points to remember

• Consider that there is a restraining order applicable to one of the divorcing partners. In such a case, any sort of communication like voice mail messages, faxes, letters or emails are regarded as a violation of the restraining order. Although the other divorcing partner invites or begins the communication, the former divorcing partner can be arrested for violation of the restraining order. So, it is advisable that the former divorcing partner should not contact the ex-spouse till the restraining order has been cancelled. The cancellation of such an order can be confirmed only with the Clerk of the Family Court.

• If one divorced partner purchases any objects for the child or makes payments directly to the child, then such payments are not a credit towards child support. They are regarded as gifts towards the child. If the divorced partner desires that these payments should be considered child support, such a partner should direct these payments to the other partner as child support.

• While making cash payments of child support or alimony, the divorcing partner must remember to take a signed receipt from the other partner

• The property settlement agreement cannot be altered by an oral agreement. The modifications made to such an agreement must be in written form and must bear the signatures of both the divorcing parties.

• In case the ex-partner is on welfare and the other divorced partner makes payments of child support directly to the ex-partner, then such payments are considered as gift. The state would pursue the other divorced partner for the payments of child support, although the payment has been made once. The result is that the other divorced partner has to make a double payment. The solution is that such child support payments should be made to the State of Rhode Island.

Divorce Papers