Divorce can be an overwhelming and deeply distressing experience. It is crucial to familiarize yourself with the grounds for divorce in Rhode Island before proceeding. This will enable you to prepare for your case and gather the necessary evidence and paperwork.
Delving into Rhode Island Divorce Law
Rhode Island operates under a "no-fault" system when it comes to divorce. This implies that it is unnecessary to establish the fault of either spouse in the dissolution of the marriage. It is sufficient to state that the marriage is irretrievably broken and that the spouses are incompatible.
However, Rhode Island also recognizes "fault" as a valid basis for divorce. This means that you can file for divorce based on specific reasons that demonstrate your spouse’s responsibility for the failure of the marriage.
Grounds for Divorce Based on Fault
The following are the fault-based grounds for divorce recognized in Rhode Island:
Adultery
If your spouse has engaged in extramarital sexual relations, you can pursue divorce on the grounds of adultery.
To establish adultery, you must demonstrate that your spouse had both the opportunity and the inclination to commit the act. You may present evidence such as phone records, social media messages, and witness testimony to support your case.
Desertion
In Rhode Island, you can file for divorce based on desertion if your spouse has left you without any valid justification or reason for an extended period.
To establish desertion, you need to provide evidence showing that your spouse has willfully abandoned the marriage for at least one year.
Hatred and Obdurate Behavior
If your spouse exhibits hatred and uncooperative behavior within the marriage, you have grounds for divorce based on hatred and obdurate behavior.
To support this claim, you must present evidence demonstrating that your spouse is unwilling to work on the marriage and has consistently displayed unreasonable and stubborn behavior.
Drug or Alcohol Addiction
When your spouse’s recurring drug or alcohol addiction has caused harm to you or your family and they have shown no effort to seek help, you can file for divorce based on addiction.
You will need to provide evidence to substantiate your claim, showing that your spouse’s addiction has had a detrimental impact on your family.
Grounds for Divorce Based on Irretrievable Breakdown
If you lack evidence to support any of the fault-based grounds mentioned above, you can still file for divorce based on irretrievable breakdown.
This signifies that the marriage is beyond repair and that both parties are incompatible. Fault is not a requirement for this type of divorce.
Conclusion
Divorce is undoubtedly a challenging journey, but having a clear understanding of the grounds for divorce in Rhode Island can empower you to navigate the legal process with confidence. Whether you opt to file for divorce based on fault or irretrievable breakdown, it is essential to consult a qualified divorce attorney who can guide you towards the best course of action.