A Rhode Island divorce lawyer with 26 years of experience in Providence Family Court explains how fault such as cheating affects a divorce in RI. Even though Rhode Island is a so called “no fault” state, fault can play a significant role in a Rhode Island divorce.
Fault can be important in a RI divorce
How does fault affect a Rhode Island divorce? Even though Rhode Island is a no fault state, fault can play a very important role in how the court equitably divides the assets and debts of the parties.
After the RI family court has determined what assets are in fact marital assets, then the court will look at various factors to determine the equitable division of assets.
The court may consider the following factors in determining equitable assignment of the property…
a) The length of the marriage;
b) The conduct of the parties during the marriage;
c) The contribution of each of the parties during the marriage in the acquisition, preservation or appreciation in value of their respective estates;
d) The contribution and services of either party as a homemaker;
e) The health and age of the parties;
f) The amount and sources of income of each of the parties
g) The occupation and employability of each of the parties;
h) The opportunity of each party for future acquisition of capital assets and income;
– Source: R.I.G.L. 15-5-16.1 (Rhode Island General Laws)
Among other factors which are set forth in R.I.G.L. 15-5-16.1. That statute specifically states that the court can consider any factor which the court so expressly finds to be just and proper.
In most cases marital assets divide equally
Please note that in many cases the parties decide to divide the property 50% to the wife and 50% to the husband. One of the most important factors the judge will look at in granting the husband or wife a disproportionate share of the marital assets is if the other party had an affair, was emotionally or physically abusive or had substantial drug and alcohol problems.
The role of deleterious conduct in awarding a disproportionate share of the marital assets in Providence Family Court
The court will also look at other negative conduct in awarding a disproportionate share of the marital assets. It is not uncommon for a judge to award a 60/40 or 55/45 distribution if the court finds that one party had an extra marital affair and that affair led to the breakdown of the marriage.
Divorce is a complex and emotionally charged process, and issues such as fault, cheating, and infidelity can play a significant role in the proceedings. It’s important to note that divorce laws and regulations vary by jurisdiction, and what may be considered relevant in one place might not be in another. Additionally, some jurisdictions have moved towards “no-fault” divorces, where neither party is required to prove that the other did something wrong to end the marriage.
Here are some general points to consider regarding fault, cheating, and infidelity in divorce:
- No-Fault Divorce:
- In many jurisdictions, the concept of “no-fault” divorce has gained prominence. This means that couples can seek a divorce without having to prove that one party is at fault.
- No-fault divorces often focus on the irretrievable breakdown of the marriage as the reason for the divorce.
- Relevance of Fault:
- In some cases, fault may still be relevant, especially in situations where one party is seeking a divorce based on fault grounds. Common fault grounds include adultery, cruelty, abandonment, and substance abuse.
- The party alleging fault may need to provide evidence to support their claim.
- Impact on Alimony and Property Division:
- In some jurisdictions, fault may be considered when determining alimony (spousal support) and the division of marital property. For example, a spouse who can prove that the other engaged in financial misconduct or dissipated marital assets may have a stronger case for a more favorable property settlement.
- Adultery, in particular, may influence the court’s decision on alimony.
- Child Custody:
- In many cases, issues related to fault are not considered when determining child custody arrangements. Courts typically focus on the best interests of the child.
- However, in cases where a parent’s behavior due to fault could impact their ability to provide a stable and safe environment for the child, it might be taken into account.
- Mediation and Settlement:
- Many divorces are resolved through mediation or settlement negotiations. In these cases, the focus may be on finding a mutually agreeable resolution rather than assigning blame.
- Emotional Impact:
- Even in no-fault divorces, emotional factors such as infidelity can still impact the dynamics of the divorce. It may contribute to heightened emotions, making negotiations more challenging.
It’s crucial for individuals going through a divorce to understand the specific laws in their jurisdiction and consult with legal professionals to navigate the process effectively. Additionally, seeking emotional support from friends, family, or professionals during this challenging time is often beneficial.