In Rhode Island Divorce cases the vast majority of cases are filed on the grounds of irreconcilable differences. However, RI Family Law allows various additional grounds for a divorce. These grounds must be proven at trial or nominal hearing in order for the Family Court judge to grant a divorce based on these grounds. Most litigants will refuse to settle the divorce if the other party insists on pursuing a fault based divorce. Fault grounds have become increasingly meaningless in modern family court.
No Fault divorce
Commentary: It is very rare to see a divorce in RI actually granted on any grounds other than irreconcilable differences, in this day and age. However, I do see quite a few divorces based on living separate and apart for a space of three years.
RI law § 15-5-3.1 is the applicable no fault law. The RI no-fault law is entitled: “Divorce on grounds of irreconcilable differences.” The law states in pertinent part:
- “(a) A divorce from the bonds of matrimony shall be decreed, irrespective of the fault of either party, on the ground of irreconcilable differences which have caused the irremediable breakdown of the marriage.
What are the fault grounds to get a divorce in RI?
§ 15-5-2 Additional grounds for divorce. – Divorces from the bond of marriage shall also be decreed for the following causes:
- Impotency;
- Adultery;
- Extreme cruelty;
- Willful desertion for five (5) 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.
Living Separate and Apart for a space of more than 3 years
§ 15-5-3. Separation of parties as ground for dissolution – Appeal.
(a) Whenever, in the trial of any complaint for divorce from the bond of marriage or any complaint for dissolution of a marriage, it shall be alleged in the complaint that the parties have lived separate and apart from each other for the space of at least three (3) years, whether voluntarily or involuntary, the court shall, upon a finding that the allegation is true, enter a decision pending entry of final judgment of divorce, which may include provisions for alimony….