Rhode Island Family Laws

At least one spouse must have been a resident of Rhode Island for at least 1 year before filing for divorce, unless the grounds for divorce occurred in Rhode Island and the petitioner is a current resident.

Rhode Island allows both fault and no-fault divorce. No-fault grounds include irreconcilable differences and living separate and apart for 3 years. Fault grounds include adultery, extreme cruelty, willful desertion for 5 years, habitual drunkenness or drug use, neglect of support for 1 year, and gross misbehavior.

Marital property is divided equitably based on factors including length of marriage, conduct of the parties, each spouse's contribution to the marital estate (including as homemaker), occupation and employability, and the needs of each party.

Courts determine custody based on the best interests of the child and accommodate joint custody, including both legal custody (decision-making) and physical custody (residence). Neither parent has a presumptive right to custody.

Rhode Island uses an income shares model. The support amount is based on both parents' gross incomes combined and the number of children. The non-custodial parent pays their proportional share. Child support typically ends at age 18 or high school graduation, whichever is later.

Courts may award alimony based on the requesting spouse's need and the other spouse's ability to pay, considering factors including the length of marriage, the standard of living during marriage, and each spouse's earning capacity.

Victims of domestic abuse can petition for a protective order requiring the abuser to vacate the home, stay away, and refrain from contact. Violations are criminal offenses.