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Common Questions on Divorce in Kent County

Although divorce is a relatively common occurrence, the laws concerning this legal process can be difficult and confusing. Here is a brief guide to help you make sense of Rhode Island's rules on various aspects of divorce.

What are accepted grounds for divorce?
Rhode Island recognizes fault and no-fault grounds for divorces. A no-fault divorce can be filed after three years of separation. A divorce based on fault grounds may be more complex, but can provide leverage while negotiating the terms of divorce, such as child support.

What are Rhode Island's residency requirements for divorce?
In order to file for divorce in Rhode Island, one spouse must have been a resident of the state for at least one year.

Who will receive child custody?
Depending on the terms of divorce, custody can be shared by both parents. Although the Rhode Island court system favors giving children the opportunity to spend time with both parents, the actual terms of an arrangement will be based off of the child's best interests.

Will I receive child or spousal support?
Because both parents are responsible for caring for their children after a divorce, the possibility for and/or amount of support will be determined by factors such as the time each parent spends with the child and their financial status. Similarly, spousal support may be awarded depending on the circumstances that you face after a divorce, such as employment opportunities and earning capacity.

How will our property be divided?
Rhode Island law provides for the equitable division of property. While many people quickly assume that this means a 50/50 split, that is often not the case. Equitable division means that property will be divided according to what a judge thinks is fair, rather than on an exactly even terms.

Contact a Qualified Attorney

If you are considering or facing divorce, or if you would like to learn more about the process, contact the Law Office of Steven J. Hart. I realize that a divorce is a difficult time for everyone involved, and I want to help you minimize your stress throughout the process. I have experience in a wide variety of cases and can provide the guidance you need to seek a favorable outcome to your case. Fill out a case evaluation form to begin discussing your situation with a Kent County divorce attorney.