Courts primarily base their decision on what is in the child’s best interest, using the Child’s Best Interest Standard. Factors vary from state to state, but the overall goal is to make a decision that promotes the health and wellbeing of the child. IN Rhode Island, the Court considers about 9 different factors in accordance…
In Rhode Island, we do not have a formal process to file a Divorce on the grounds of no-fault. Upon filing you claim irreconcilable differences and ask the Court to assign the matter to the Uncontested track, but this does not mean that one party was not a fault for the breakdown of the marriage,…
While marriage laws are based on where the parties are at the time of marriage, divorce is based on where the parties live at the time of divorce. The answer to this question depends on whether your spouse still lives in Rhode Island. So long as your Spouse has lived in Rhode Island, continuously for…
Grandparents may have legal rights in Rhode Island, regarding visitation, however, this is far from certain. In the event the grandparents and parents can come to an agreement regarding visitation, court intervention is generally not required. When no such agreement can be made, there are certain situations grandparents may be granted a court order allowing…
Bifurcation of divorce allows spouses to become legally divorced before the divorce details have been finalized. The option to remarry is the most common use of bifurcation; however, some couples seek a bifurcation to distinguish between marriage or pre-marriage property. Rhode Island does not permit bifurcation. The court will not handle the end of the…
In the state of Rhode Island, there is no such thing as a court granted annulment. It simply does not exist. As such in Rhode Island, you cannot get your marriage annulled. However, you can ask the Court to make a legal determination that the marriage was Void ab initio. This means that the marriage…
When it comes to understanding common law marriages, there are a lot of misconceptions out there. You may have heard that a couple living together for 7 years or longer are automatically common law spouses, but this is a false. You could be with someone for only 7 minutes and still bind yourself in a…
As an attorney, my answer is almost always going to be “get it in writing.” While you may have the most amicable divorce in the world, you never know what the future may hold. Contracts fill the gaps left when human trust fails. If this is a one-time, or two-time situation, a verbal agreement might…
When most of us think of divorce, we often fear custody battles, endless legal filings, and costly court proceedings. The process of divorce can seem daunting, and the emotional aspects of a marriage’s dissolution can be painful. But what if there was another way? Another, more collaborative and sometimes less expensive way? There is: mediation.…
You and your fiancé may be considering a prenuptial agreement, or “prenup” as it has come to be known. If you are considering entering into such a contract, you need to engage an attorney as doing so may not be beneficial to you. Of course, if your intent is to protect pre-marital assets, the contract…
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