Family Law Attorney in Cranston, RI

Yes. In order for your divorce to be granted in Rhode Island, you or your spouse must have resided in the state or Rhode Island for at least one year before filing for divorce.

In an uncontested divorce, the parties agree on all major issues such as division of assets and liabilities, child custody, and child support. In a contested divorce, the parties disagree on one of the major issues listed above. The contested divorce process lasts longer than the uncontested divorce process and often the parties end up in mediation if they cannot come to an agreement on their own. If the parties do not find a resolution in mediation, then the contested divorce may end up in litigation.

Rhode Island is a no-fault divorce state, which means that neither party is required to prove fault in order to be granted a divorce. When filing for a no-fault divorce, the parties can file for divorce on the grounds of “irreconcilable differences.”

In Rhode Island, the assets of a divorce are divided through equitable distribution. Equitable distribution means that each party is awarded their “fair share” of marital assets. The party's fair share of marital assets does not always mean that the assets are divided 50/50. The key factors that the court uses to determine the fair share under R.I.G.L.  §15-5-16.1 are as follows: 

• The length of the marriage;
• The conduct of the parties during the marriage; 
• The contribution of each of the parties during the marriage in the acquisition, preservation or appreciation in value of their respective estates; 
• The contribution and services of either party as a homemaker;
• The health and age of the parties; 
• The amount and sources of income of each of the parties; 
• The occupation and employ-ability of each of the parties; and 
• The opportunity of each party for future acquisition of capital assets and income. 

The Court will also consider any debts, liabilities, or tax implications when deciding the fair share.

Physical custody refers to where the child will live primarily. The parent that does not have physical custody will have reasonable rights of visitation with the child. Legal custody refers to the parent’s ability to make important life decisions on behalf of the child. Sole legal Custody means that only one parent has the ability to make any and all important decisions concerning the child’s health, welfare, education, and upbringing without consulting the other parent. Joint Legal Custody means that both parents are involved with making any and all important decisions concerning the child’s health, welfare, education, and upbringing.

If the parents cannot agree on legal custody or physical custody, then the Court must determine what is in the “best interest of the child.” In the 1990 case, Pettinato v. Pettinato, the Rhode Island Supreme Court listed several factors that should be considered when deciding what is in the best interest of the child. These factors, which have been termed as the “Pettinato Factors” are as follows:

1. The wishes of the child’s parent or parents regarding the child’s custody.

2. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

3. The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings, and any other person who may significantly affect the child’s best interest.

4. The child’s adjustment to the child’s home, school, and community.

5. The mental and physical health of all individuals involved.

6. The stability of the child’s home environment.

7. The moral fitness of the child’s parents.

8. The willingness and ability of each parent to facilitate a close and continuous parent-child relationship between the child and the other parent.

Pettinato v. Pettinato, 582 A.2d 909, 913-14 (R.I. 1990). Gregory J. PETTINATO v. Susanne L. PETTINATO. No. 89-56-A. Supreme Court of Rhode Island. November 30, 1990.*910 Joseph Sciacca, Palombo & Piccirilli, Providence, for plaintiff. Karen Pelczarski, William Landry, Blish & Cavanagh, Providence, for defendant. OPINION SHEA, Justice.)