(The below applies specifically to Rhode Island law. However, this information is not intended as a
substitute for legal advice, even in Rhode Island, and you should not make any decisions based upon
it. For information on the applicable law of your state, please contact us by snail mail, e-mail, or any
other method with which you feel comfortable. If you prefer, we may be able to arrange for a
telephone consultation.)


"Pro se"  or Self Representation

You may represent yourself in a divorce, if you choose.  It is not permissible in Rhode Island for an
attorney to represent both parties in a divorce.  Therefore, it is common for one party to represent
themselves "pro se" and the other party to  be represented by an attorney in cases where there is no
contest and the issues are relatively simple.  With at least one attorney involved, the parties are
reasonably assured of obtaining their divorce without running into problems because the correct forms
were not filed or the required information was not presented to the judge.    However, if the parties do
not wish to retain an attorney at all, our office provides a Divorce Document Preparation Service.

Grounds

In Rhode Island, most divorces are granted on the grounds of irreconcilable differences. Irreconcilable
differences can encompass all sorts of differences that may cause a breakdown of the marriage which is
beyond repair. The other most common grounds for divorce are adultery, abuse and substance abuse. In
order to obtain a divorce in Rhode Island, you or your spouse must have resided in the state for at least
one year. There are exceptions to this rule, for instance, in the case where one party is in the military,
but lived in Rhode Island before they enlisted.

Marital Assets

Marital assets and debts are supposed to divided equally, absent wrongdoing on the part of one of the
spouses. (There are other considerations, as well, such as the length of the marriage) Marital assets and
marital debts consist of property or debts acquired during the marriage, or acquired before the marriage,
but given as a "gift" to the marriage by one spouse by placing the title of the property in the names of
both spouses, or transferring it into the name of the other spouse.

In addition, an increase in the value of the property (e.g., real estate, pensions plans, etc.) that was
owned by one spouse before the marriage is a marital asset. For example, if a husband owned a house
before his marriage that was worth $100,000.00 at the time of the marriage, and its value increased to
$150,000.00 by the time of the divorce, the $50,000.00 increase in value would be considered a marital
estate and the wife would be entitled to $25,000.00, absent other factors. One must not rely upon
whose name a property stands in to determine whether or not that property belongs to the marriage or
the individual.

Alimony

In Rhode Island, alimony is generally rehabilitative. This means that it may be granted to a spouse for a
short, definite period of time, to a spouse who has been out of the job market to give the receiving
spouse time to get the education or job training to get back into the job market. In some cases, the court
may grant alimony for an indefinite period due to the age or health condition of the spouse, or some
times even due to the malevolent behavior of the other spouse.

Visitation and Custody

It is usual, in Rhode Island, for a couple to receive joint custody of their children, with physical
placement with one of the parents, and some form of visitation with the other. Joint custody allows
each parent a say in the upbringing of the children. It also allows each parent the authority, for instance,
to authorize an emergency medical procedure, if necessary. It is possible, depending on the fitness of
the parents, that sole custody may be awarded to one parent and no visitation, or modified visitation to
the other. The issues of visitation and custody remain within the jurisdiction of the court even after a
divorce, and the terms may be changed if the circumstances change.

Child Support

The parent with the physical placement of the child or children must receive child support. This is not
a right that may be waived by the spouse with placement, since child support is intended for the benefit
of the child. Child support is calculated by a formula. The formula uses the gross incomes of the
parties, with some mandatory (e.g., child related health insurance) and discretionary (day care costs)
adjustments. The issue of child support also remains with the court and may change if circumstances
change.

Contested or Uncontested

An "uncontested" hearing for divorce is one in which the parties are in agreement as to the terms of the
divorce. The parties, together with one or two witnesses, testify at the hearing. Usually, each party is
examined by their own attorney only, and the attorney asks them leading questions with the intention
of eliciting the parties' agreement through testimony. Two witnesses need to testify that at least one of
the parties lived in Rhode Island for at least one year prior to when the complaint for divorce was filed.
One witness needs to testify that they were aware of the fact that there were problems with the
marriage. Often, the judge will allow one of the parties to testify as one of the witnesses, so it is only
necessary to have one witness testify other than the parties themselves.  However, judges often do not
require the testimony of anyone other than the parties themselves. While the parties may have to wait
as long as a few hours for their case to be heard, the actual hearing may take only five to thirty minutes
depending on its complexity.

A "contested" hearing for divorce occurs when the parties have at least one issue that they cannot
resolve themselves, and it becomes necessary for the court to make the decision. This hearing will be
much more formal, may require many more witnesses, and may take anywhere from a half an hour to
several weeks, even months.

Just because you may have an uncontested hearing, doesn't necessarily mean that your divorce was
uncontested. You may have had contested hearings for temporary orders pertaining to visitation,
custody, contempt, etc., before you actually have your "uncontested" hearing. Therefore, if your fee
agreement with your attorney (which should always be in writing) is dependant on whether or not your
divorce is uncontested, be certain that you and your attorney are operating under the same definition of
"uncontested."

The Hearing and Decree

Whether a couple has a contested divorce or uncontested divorce, there must be a hearing or trial for the
divorce to eventually become final. It is not possible for a couple to "just sign papers" to obtain a
divorce in Rhode Island.

If the case is contested, the case will be heard when the parties agree that the matter is ready for trial, or
a court orders that the matter be set for trial.   However, all matters are initially scheduled for an
uncontested hearing within 90 days after the complaint for divorce is filed in the hopes that the matter
can be resolved without a trial. After the hearing or trial, an Interlocutory (temporary) Decree is filed
with the court which sets forth the findings of fact that the judge made, and the decision. After 90 days
(with some exceptions) the Final Decree may be entered. The couple remains married until the Final
Decree is entered.
CARL P DELUCA,
ATTORNEY AT LAW, LLC
"We Help You Put Your Life
Back Together"
Divorces
Winner of the RI
Trial Lawyers
2003 "Case of the
Year Award"
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Carl P. DeLuca, Attorney at Law, LLC
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