Divorce Article: Women's Rights for Divorce in Rhode Island
By Geoffrey St. Marie, eHow Contributor
Updated: May 04, 2011
In Rhode Island, many of the laws are consistent with those of other states in regards to filing divorce, alimony, child custody and child support enforcement. Nonetheless, discrepancies and the unexpected statute may vary your options.
An initial step is to decide if you deem fault to reside in your spouse's behavior or attention to the marriage.
Women have the right to file for a divorce in Rhode Island. They are entitled to two primary options: filing a fault or no-fault divorce. In the latter case, the women needn't prove significant wrongdoing on the part of their spouse and may cite irreconcilable differences as the motive. In the case they file a fault divorce, they must substantiate one or more criteria for the separation. In Rhode Island, these include but are not limited to consistent substance abuse, extreme cruelty, failure to perform sexually, sustained desertion and/or neglect and adultery.
Alimony & Insurance
Women, in certain circumstances, have the right to collect alimony after a divorce settlement. The court's considerations will include everything from the woman's employment prospects to child care to the length or duration of the marriage. Other assets and property may also be accounted for in the award. In terms of health insurance, Rhode Island entitles neither spouse to a continuation of benefits after the divorce has been completed. The only exception may be when military benefits are involved rather than those private policies typical to most households.
Child Care & Custody
Rhode Island law does not specifically identify the women or mother as the designated guardian by default. It must be established that that is in the child's best interest. The court, after deciding upon the primary guardian or custodial parent, will lay out visitation rights for the other spouse or deny them if the situation merits it. The mother is entitled to court prescribed child support amounts, which can be amended later if circumstances demand it on either side. If you sense or know that child support is being withheld from you, contact your divorce attorney as soon as possible to gain recourse through state authorities.
In a truly outlandish RI divorce case in 2007, the husband tried invoking an archaic state law that allowed the husband in a divorce trial to act as his wife's counsel. Ostensibly, the law also afforded the wife the reverse right. The husband then attempted, on this basis, to fire his wife's attorney in order to replace him. Such an appeal had no precedent in state history, and the motion to fire the wife's attorney was rejected by the state magistrate. The ultimate reading of the law suggested that only when the wife either desires such an arrangement can it actually be forcefully applied.
- Total Divorce: Rhode Island Grounds for Divorce
- Total Divorce: Crazy Rhode Island Divorce Law
- Rhode Island Divorce Tips; Are Spouses Entitled to Continued Health Insurance; Christopher A. Pearsall, Attorney-at-Law
- Total Divorce: Rhode Island Alimony
- Total Divorce: Rhode Island Child Custody
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My personal thanks to the eHow Contributor for giving proper credit to my recent article on Rhode Island Health Insurance. eHow continues to be an excellent and fairly accurate source of helpful information to internet citizens looking for some direction in all areas of society.