Divorce in RI

In many ways, children of divorced parents in Rhode Island live a life different from those who live in a stable family environment. Many married couples in RI will divorce believing that their children were unhappy because their parents were unhappy. They assumed that because divorcing was good for the parents, it would also be good for the children. However, years of research and study show otherwise.

Rhode Island child custody lawyer

Children are taught to use thoughts, beliefs, abilities and love to work through any issue to its resolution. When their parents are unable or unwilling to use those same tools, the lives of the children can be shattered as their belief system and basic safety are compromised. While many parents want to believe that their children have a more stable environment after the divorce, research shows children often resent both the absent parent and the custodial parent.

Visible Consequences

In addition to the loss of security and a common relationship with both parents, children are often left with emotional scars that produce visible consequences. Comparing the lives of children at home with married parents and those separated through divorce in Rhode Island and Providence plantations and across the United States indicates significant differences that include:

• Children typically suffer academically when living in a divorced home and often display significant behavioral problems
• The incident rate of children of divorced parents graduating from high school is significantly lower compared to children in a married environment
• Most divorced households have a lower income than married homes, where the children have a higher tendency of living in poverty
• Alcohol and drug use and abuse is higher in teenagers from divorced homes as is the rate of early-age sexual intercourse

Compromised Health

Even the physical health of the child is greatly compromised when living in a divorced home in Rhode Island (RI) compared to an intact family environment. Statistics on the health of children from divorced homes include:

• Children of divorced parents experience a higher rate of child abuse
•  The immunity system of children from divorced homes tends to be lower, making it more difficult to fully recover from an illness, medical condition or sickness
• Children with divorced parents tend to suffer psychological distress more compared to children living in an intact family unit
• Children with divorced parents in Rhode Island often have an altered view of relationships, family units and world perspective that can last the remainder of theirlives.

Other Compromises

There are many situations in a divorced family in Rhode Island that complicate the child’s life other than just the divorce itself. Typically, the child must deal with conflict between their parents along with the depression one or both parents exhibit at home. The conflict in divorcing families can last for years or a lifetime after the separation, which can easily place a significant burden on the child well into their adult years. In addition, both younger and older children receive much less attention from one or both parents prior to, during and after the divorce. If one or both parents remarry, the child’s world is disrupted again by other adults and step siblings who can complicate an already delicate imbalanced life.

Life is complicated

Life is complicated and each family’s circumstances are unique. While no easy answers exist to know exactly how children will be affected from divorced, studies indicate that they are affected in many ways. Because of that, if divorce is the only option parent should take the time to consider every aspect of the child’s life to ensure that their rights are protected and that their views are heard and considered. If child custody is not set up properly, the aftereffects can be devastating on the child and family for years. Divorce does not always have to cause pain. Although, it is important to remember that the parents will likely adjust to the divorce easier than the child can.

If you need of divorce or child custody legal advice, contact Rhode Island child custody lawyer, David Slepkow. David is also a RI divorce lawyer and has 19 years of experience in Providence Family Court.

Source: Focus on Family

Rhode Island divorce attorney, David Slepkow answers several basic, yet important, questions concerning Rhode Island divorce law and procedure. These divorce questions and answers will help divorce litigants and those thinking about filing for divorce in Rhode Island navigate through the complex, and confusing minefield that is RI Family Court.

What are the grounds to obtain a divorce in Rhode Island?

The grounds to obtain a divorce in Rhode Island are:

• “irreconcilable differences which have caused the irremediable breakdown of the marriage (SECTION 15-5-3.1),
• the parties have lived separate and apart from each other for the space of at least three years (SECTION 15-5-3),
• Impotency;  Adultery; Extreme cruelty;
• Willful desertion for five years of either of the parties,
• or for willful desertion for a shorter period of time in the discretion of the court; Continued drunkenness;
•  The habitual, excessive, and intemperate use of opium, morphine, or chloral;
• Neglect and refusal, for the period of at least one year next before the filing of the petition, on the part of the husband to provide necessaries for the subsistence of his wife, the husband being of sufficient ability;
• and any other gross misbehavior and wickedness, in either of the parties, repugnant to and in violation of the marriage covenant.”  § 15-5-2 Additional grounds for divorce.  TITLE 15 Domestic Relations CHAPTER 15-5 Divorce and Separation

Is Rhode Island a no-fault state?

Yes. Rhode Island is a “no fault” divorce state. However, a no-fault designation is a misnomer since “no fault” means that fault grounds are not necessary in order to obtain a divorce in Rhode Island. This does NOT mean that fault is irrelevant in a Rhode Island divorce.  This means that all that is required TO OBTAIN A DIVORCE is irreconcilable differences that lead to the irremediable breakdown of the marriage (15-5-3.1). In fact, fault could play a role in the division of the marital assets. Fault could possibly be involved in an alimony determination although need and ability to pay are the most important.

Irreconcilable differences is most popular

The vast majority of divorces in Rhode Island are filed based on irreconcilable differences grounds. Of the divorces that are filed based on fault grounds, the vast majority are not granted based on fault grounds. This results from the all too common reality that the alleged at fault spouse refuses to settle the divorce case with a fault designation.

Some divorces in which fault grounds are the alleged basis for the divorce are granted based on fault grounds when there is a full divorce trial on the merits and the judge issues findings of fact. Some RI divorces are granted based on fault grounds when the other spouse was defaulted for not attending court or answering the RI divorce case. Here is an article authored by Rhode Island divorce lawyer, David Slepkow concerning no fault divorce in Rhode Island. Why Fault Matters in a NO Fault Divorce in Rhode Island

Fault and the division of property

Fault still could play a role in the equitable distribution of assets and debts pursuant to the Rhode Island equitable distribution statute (SECTION 15-5-16.1) The equitable distribution statute sets forth 12 factors to determine equitable distribution. Factors #2  and #11 directly pertain to fault as a grounds to distribute debt and assets. Element #12 is a catch-all which could include fault.

The equitable division statute and fault

Here are elements #2, #11 and #12 from the RI equitable distribution statute: “… (2) “The conduct of the parties during the marriage; …. (11) Either party’s wasteful dissipation of assets or any transfer or encumbrance of assets made in contemplation of divorce without fair consideration; and…. (12) Any factor which the court shall expressly find to be just and proper.”  RI General law 15-5-3.1  also point out that other factors could be relevant to fault such as the contributions each spouse has made to preservation of assets.

How long does an uncontested divorce take in Rhode Island?

Editor’s note: 2018  divorce in ri update – There is no longer a 60 day waiting period to get a divorce in Rhode Island. Rhode Island general law 15-5-14 has been amended. However, nominal court dates are still scheduled by the RI Family Court  clerks approximately 65 days after filing.

If everything is agreed to by the parties and the matter is uncontested, the initial court date is usually 65 plus days from the date the divorce is filed.  The initial court date approximately 65 days from filing is called the “nominal hearing. After the Rhode Island Family Court issues a decision at the nominal trial, there is a three month waiting period until final judgment of divorce may enter. Therefore, the usual time** to get an uncontested divorce in Rhode Island is approximately 155 days (5 months).

A contested divorce could take a year or longer to complete in Rhode Island.

Is there a waiting period in Rhode Island to finalize a divorce?

Yes. After a decision by the justice of the family court at a nominal divorce hearing or contested divorce trial, the final judgment may not be submitted to the court for entry until after 3 months. This was implemented by the legislature to allow a cooling off period, in case the parties reconciled and decided not to follow through with the divorce.

“§ 15-5-23 Final judgment – Remarriage.  (a) No judgment for a divorce shall become final and operative until three (3) months after the trial and decision. Final decree from the bond of marriage may be entered ex-parte and in chambers on the suggestion of the prevailing party at any time within one hundred eighty (180) days next after the expiration of three (3) months from the date of decision. After the expiration of the one hundred eighty (180) days, final decrees may be entered only in open court and on motion or upon written consent of the attorneys or parties. Notice of the filing of the motion shall not be required in cases in which the original complaint is unanswered.”

When can I get remarried after a divorce in ri?

“After entry of the final judgment for a divorce from the bond of marriage, either party may marry again.”  Law

Do I need a Rhode Island divorce attorney to file for divorce in Rhode Island?

No, a divorce lawyer in RI is not required in Rhode Island Family court. However, it is usually a bad idea to represent yourself in a divorce, especially if the divorce is contested. Divorce lawyers in Rhode Island will be familiar with the  RI Family Court system, divorce law in RI and the judges who will decide the case. Rhode Island divorce attorneys will also be knowledgeable with the rules and procedures of the Providence Family Court.

According to statistics, half of all marriages end up in divorce. Countries such as Sweden and the Czech Republic have even higher divorces rates at a whopping 60 percent of all marriages ending up in separation. Though the reasons for divorce vary from couple to couple, there are common reasons which are typically a combination of several of these reasons.

Here are some of the most commons reasons that a couple’s marriage ends up in divorce:

Young Marriage – In the past, getting married too young is the number one reason that couples end up in divorce. However, people are getting married much later in life. For the couples who marry young, the main problem is that as they age they end up growing apart in different direction which often results in falling out of love.

Conflicting Life Goals – Another major reason that couples divorce is different objectives in life. For example, when one partner wants to have children but the other prefers to delay having children for career opportunities, this can result in divorce.

Extra-marital Affairs – When one partner constantly engages in infidelity or extra-marital affairs, this could become a cause for divorce. Learning about a partner’s extra-marital activities can cause extreme pain to the other partner. It may be difficult for that partner to forgive and forget the occurrence which will result in divorce.

Finances – A marriage that is stressed because of unstable finances can be a major reason for falling out of love. Arguments over the way in which money is handled or arguments over the lack of money, can lead to a divorce court settlement. Also if a particular partner spends excessively because of a shopping addiction or has secretly acquired massive credit card debt this could be a root of separation.

Emotional or Physical Abuse – A marriage that is based on emotional and physical abuse, will most likely end up divorcing. An emotionally and physically abusive partner can push his or her partner away. Especially when abuse occurs over a prolonged period of time, most psychiatrists or marriage counselors agree that divorce would be the best course of action.

Irreconcilable Differences – Irreconcilable differences mean that the couple’s marriage has reached the point where they are unable to agree on anything anymore. At this stage, one or both partners refuse to mend the situation or their differences. At this point, the only course of action is divorce.

Addiction – Constant drug, shopping, eating and gambling addiction can cause a strain in a relationship. A partner engaging in his or her addiction will often disregard anyone including their partner to reach that high. It could make the other partner feel unloved or worthless. This is a major reason for divorce.

Though these are the most common reasons for divorce, it varies from couple to couple and it is usually a combination of two or more reasons. Divorce can be decided by either one partner or both partners. Any separation or divorce is extremely difficult so it is important to seek the support of close friends and loved ones.

“There is no universal theoretical framework for post-divorce research, instead, specifi c explanatory approaches focus on individual issues. The divorce-stress-adjustment perspective of Amato (2000) is a particularly influential approach on which many empirical studies of the psychological consequences of relationship dissolution are based. According to this approach, separation and divorce are dramatic life events, which drastically infl uence the lives of those involved, carrying short- and/ or long-term consequences. On the level of psychological implications, a variety of results prove the negative consequences. Braver and Lamb (2013: 493) summarise the relevant research results as follows: “It is not surprising that divorced parents are more likely to suffer psychological and emotional problems than married parents, although most parents are not permanently damaged by divorce. Divorced parents have higher risks of depression, anxiety, and unhappiness, physical illness, suicide, motor vehicle accidents, alcoholism, homicide, and overall mortality.” The adjustment to new life conditions is, in the most cases, easier for women than for men, because they have better support networks, initiate divorce more frequently than men and often have more effective coping strategies.” Comparative Population Studies Vol. 40, 3 (2015): 219-228 (Date of release: 30.09.2015) , Editorial on the special issue “Research on Divorce: Causes and Consequences” Paul B. Hill, Johannes Kopp

If you believe you may be common law married in Rhode Island and Providence Plantations, contact a Rhode Island divorce attorney. A RI divorce lawyer with experience litigating common law marriage causes of action, will help you get the justice that you deserve.

Common Law Marriage

Fiction- If I live together with my boyfriend for over seven years then we are automatically common law married. This is a huge urban myth that is completely and totally false! In fact, a couple could live together for 35 years in Rhode Island and still not be common law married! However, another couple could live together for 7 days and be married. How can this be true?

This article only applies to Rhode Island. Also, a vast majority of states do not recognize common law marriages. Please contact Rhode Island divorce and family law lawyer, David Slepkow, to help evaluate whether you can successfully establish a common law marriage in Rhode Island.

“seriously intended to enter into the husband-wife relationship”

In order to establish a common law marriage in Rhode Island, a couple must have “seriously intended to enter into the husband-wife relationship.” Demelo v. Zompa, 844 A.2d 174 “The parties conduct also must be of such a character as to lead to a belief in the community that they were married.” Demelo v. Zompa 844 A.2d 174 “The prerequisite serious intent and belief is demonstrable by inference from cohabitation, declarations, reputation among kindred and friends, and other circumstancial evidence.” Demelo v. Zompa, 844 A.2d 174

Holds themselves out to the community as husband and wife

A crucial element to common law marriage is whether a couple holds themselves out to the community as husband and wife. I believe that Courts look to several factors in determining if there is a common law marriage. The Court looks at a totality of the circumstances rather than focusing on any one factor exclusively. In other words, if one of the following factors doesn’t apply there could still be a common law marriage!

No one factor usually creates a common law marriage

Establishing a common law marriage in Rhode Island is analogous to building a brick wall. A single brick alone will not build the wall! Pulling out any brick will not cause the wall to fall. Similarly, No one factor usually creates a common law marriage. (perhaps, and I emphasize perhaps, the only exception to this is filing married for your federal income taxes) The absence of a single factor usually does not defeat a common law marriage! (The exception to this may be lack of cohabitation but that is not set in stone. I emphasize may be an exception depending on the facts)

NO litmus test based on taking husband’s last name

The court may look at whether the alleged wife took the husband’s last name. The woman’s use of husband’s last name indicates that the parties were holding themselves out to the community as married and exhibiting a serious intent to be in a marriage. If a woman takes a man’s last name and uses the name in public then that will go a long way in establishing a common law marriage. A woman not taking her significant other’s last name will not be fatal to establishing the marriage. Judges are keenly aware that in this age, it is common for a woman to use her maiden name after a valid marriage.

Many important factors must be looked at

The Court will look to see if the parties introduce each other as “my husband” or “my wife” in social settings or when appropriate. The Courts is aware that married couples usually do not introduce their spouse by his / her first name. Medical treatment forms, financing applications and other forms may be important to see whether the parties listed the other person as their spouse or even admitted that there was a marriage. The length of time that the parties lived together may be very relevant .

An economic partnership

An economic partnership between the parties is also very significant. Joint bank accounts, joint ownership of property, joint accounts, beneficiary designations on retirement plans, insurance applications could all be bricks in a wall of establishing a common law marriage. Please note that these types of factors (such as having a joint bank account together) alone will NOT establish a common law marriage! In this age, it is not unusual for boyfriends and girlfriends to live together with joint bank accounts or even, perhaps, owning property together without intending to enter into a marriage. However, the above-mentioned factors take on importance in conjunction with other significant factors set forth in this article.

There are a myriad of other factors that could be very important in determining whether or not there is a common law marriage. This includes whether an engagement ring or other wedding band was given and what hand the ring was worn on.

Witness testimony to establish 

This article in no way establishes all the factors that could be important. If the parties cannot agree that there was a marriage, then witnesses will need to testify in Court to establish a belief and reputation in the community that the parties were married. In other words, does your social circle (friends, family, acquaintances) believe that you and your significant other are married?

Tax status

One of the most crucial elements of common law marriage is the tax status that the parties claim on their federal and state income tax forms. If the parties filed married filing jointly or married filing separately then some judges would say that the common law marriage is established. A federal tax document is a very significant document and most people know the importance of being truthful when filling it out. I would tend to agree that if the parties filed their taxes as married then they are probably in fact married! However, tax status is not always dispositive. If the parties filed as married filing jointly and then one of them denies the common law marriage, then they are in a perjury trap. Either they lied to the IRS or they are lying to the Court. Filling single will not be helpful to establish a common law marriage however it is not fatal.

Could a party be married after 7 days?

Hypothetically, boyfriend and girlfriend invite all their friends to a party which is not officially a wedding. No marriage certificate is sought or obtained by the couple. However, at the party the couple announces to all their friends and family in attendance that they are married, they move in together the next day. The girlfriend puts him on her health insurance. They are probably married by common law after just a week!

If you believe that you are common law married and want to terminate the relationship, then you need to file for divorce in Rhode Island family Court utilizing a Rhode Island divorce lawyer seeking to establish the appropriate elements.