Rhode Island

Marriage & Family Law Home

In the state of Rhode Island, in the granting of a petition for divorce, the court may order either party to pay alimony payments and/or counsel fees to the other. During the proceeding case, the court will have many monetary and social factors to consider in the decision of requiring alimony support.

Some factors the court will find relevant include, but are not limited to:

• The income and earning abilities of both parties



• The ages and the physical and mental health of both parties



• The duration of the ma ....... Click here to get more info on Alimony

To determine if an appointment should be made, the court will consider the extent to which a guardian might assist in providing information concerning:

• the best interests of the child



• the age of the child



• the wishes of the parents



• the parent's financial resources



• the nature of the proceeding (level of contentiousness)



• whether or not there are allegations of child/domestic abuse



• the risk of harm to the child if a guardian is not appointed



• conflicts of interest between the child, parents, or siblings

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• The guardian ad litem will be appointed from a list of persons properly credentialed to administrative orders of the court



• The court will enter an order of appointment stating the specific assignment, the optional/mandatory duties of the guardian ad litem, the guardian's access to the child, and confidential information regarding the child, and a provision for payment of the costs and fees of the guardian ad litem



• Communications made to a guardian, including those made by a child, are not privileged and may or may not be disclosed to the parties, the court or to professionals providing services to the child or the family



• The guardian ad litem will meet with the child, conduct an investigation, and upon request of the court will prepare an oral or written report containing the background of the case, identification of all persons interviewed, and other sources of information. A statement of the child's emotional, medical, educational and social service needs, the child's wishes and other factors relevant to the court's dete ....... Click here to get more info on Child Support

In determining whether an appointment should be made, the court shall consider the extent to which a guardian ad litem may assist in providing information concerning the best interest of the child; the age of the child; the wishes of the parents as well as their financial resources; the nature of the proceeding including the level of contentiousness, allegations of child abuse or domestic violence and the risk of harm to the child if a guardian is not appointed; or conflicts of interest between the child and parents or siblings; (ii) The guardian ad litem shall be appointed from a list of persons properly credentialed pursuant to administrative orders of the chief judge of the family court; (iii) The court shall enter an order of appointment stating the specific assignment the optional and mandatory duties of the guardian ad litem, the guardian's access to the child and confidential information regarding the child, and a provision for payment of the costs and fees of the guardian ad litem; (iv) Communications made to a guardian, including those made by a child, are not privileged and may or may not be disclosed to the parties, the court or to professionals providing services to the child or the family; (v) The guardian ad litem shall meet with the child, conduct an investigation and upon request of the court shall prepare an oral or written report that contains the procedural background of the case, identification of all persons interviewed and other sources of information, a statement of the child's emotional, medical, educational and social service needs, the child's wishes and other factors relevant to the court's determination regarding the best interests of the child; (vi) Any written report of the guardian ad litem shall be marked as a full exhibit in the proceedings, subject to cross-examination; (vii) If the guardian ad litem requests confidential health care information and consent is withheld, he or she shall apply to the court for leave to obtain such information after compliance with § 5-37. ....... Click here to get more info on Custody

In Rhode Island a couple seeking a divorce can choose either no-fault grounds or can choose the option of filing on traditional fault grounds.

Grounds for divorce include:

• adultery



• cruelty



• violence toward the other spouse



• desertion for a period of 5 years



• drug o ....... Click here to get more info on Divorce

Rhode Island law states that a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may file a petition for visitation in none of these circumstances apply. ....... Click here to get more info on Visitation

Under Rhode Island law, marital property is that which is acquired or is a direct result of the labor and investments of the parties during the marriage is subject to equitable division. Equitable division does not mean marital property is divided equally, it is divided in manner that results in a fair or equitable result for each spouse.

Courts will consider the following factors:

each spouse’s share of the marital property; monetary; the economic circumstances of each spouse; the conduct of each spouse including any marital misconduct' ; the value of the marit ....... Click here to get more info on Property Division