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Rhode Island Divorce Laws-Frequently Asked Questions

 
1. What is a divorce?
A divorce is the ending up of a marriage. It is the decree of the court that the husband and wife have dissolved their marital relations and are no more man and wife.

2. What are the residency requirements for Rhode Island?
According to Rhodes Island divorce laws; there are three residency requirements which should be fulfilled to file a Rhode Island divorce:
  • The spouse must be a domiciled resident of Rhode Island for at least 1 year.
  • One of the spouses must be living in the state.
  • You must provide at least two testimonies to the court that you are residing in the state since the last 1 year.
3. Why has Rhode Island divorce law imposed residency restrictions?
The reason for imposing restrictions on residency is to prevent the out of state people coming in Rhode Island to use the courts for divorce purpose only.
 
4. What are the main issues that are covered in Rhode Island divorce?
Following are the major issues that are considered during a Rhode Island divorce:
  • Division of assets
  • Division of liabilities
  • Child custody
  • Spousal support (alimony)
5. Do gift items come under marital assets?
No. gift items like, birthday, anniversary or holiday gifts do not come under marital assets for equitable distribution.
 
6. How does the court divide the marital assets?
First of all, the court separates the non-marital and marital assets of both the spouses. After that the court divides the marital assets of the parties according to an equitable proportion, so that both the parties get justice in distribution.
 
7. How will the divorce court decide the child custody issue?
The point which is considered by the court is the interest of a child, whether the child want to live with the mother or with father. The court then assigns the custody of a child either solely or jointly to the parents.
 
8. Who is liable to pay for child support?
According to Rhode Island divorce laws, the non-custodial spouse who has only the visitation rights is liable to pay for child support.
 
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