Divorce is a difficult thing to go through, but sometimes it is necessary for the betterment of both parties involved. However, certain rules must be followed when filing for divorce. In Rhode Island, there are residency requirements that must be met before filing. Here is what you need to know.
Length of Residency Requirement
Rhode Island’s residency requirement is relatively short compared to other states. To file for divorce, at least one of the parties must have been a resident of Rhode Island for one year. This means that you or your spouse must have lived in Rhode Island for at least a year before you can file for divorce.
Meeting the Requirement
If you or your spouse has lived in Rhode Island for at least a year, you can file for divorce. It doesn’t matter if only one of you has lived there for that length of time. As long as one of you has been a resident for a year, you meet the requirement.
Importance of Residency
The residency requirement is in place to ensure that the Rhode Island court has jurisdiction over the divorce case. If neither party has been a resident of Rhode Island for the required length of time, the court cannot hear the case. This means that you will have to wait until you meet the requirement to file for divorce.
Exceptions to the Requirement
There are exceptions to the residency requirement in Rhode Island. If you or your spouse is in the military, you may be able to file for divorce without meeting the residency requirement. This is because military members often have to move around frequently and may not have had the opportunity to establish residency in Rhode Island.
Conclusion
If you or your spouse are considering filing for divorce in Rhode Island, it’s important to understand the residency requirements. If you have been a resident of Rhode Island for at least a year, you can file for divorce. If not, you will have to wait until the requirement is met. However, there are exceptions to the rule, so it’s always a good idea to consult with an experienced divorce attorney who can guide you through the process.