What are the grounds for divorce?

In Rhode Island, the grounds for divorce are the same as in any other state. Generally speaking, a couple can file for divorce if they have irreconcilable differences that have led to the breakdown of the marriage or if one of the parties has committed adultery. According to Rhode Island law, couples are also allowed to file for a no-fault divorce if the marriage has been irretrievably broken down for six months or more. A no-fault divorce is when a couple can mutually agree to end the marriage without assigning blame for the breakdown of the relationship. In addition to the above grounds for divorce, Rhode Island also recognizes a handful of fault-based divorce grounds. These include desertion, cruel and inhuman treatment, imprisonment of either spouse for at least three consecutive years, impotence, neglecting to provide for the spouse or for any of their minor children, and the refusal of one spouse to move into the other’s residence. However, the court can also overlook these grounds if the couple is able to come to an agreement and move forward with the divorce process. In order to legally end a marriage in Rhode Island, the filing spouse must have resided in the state for at least one year prior to filing for divorce. On top of that, the divorce must be served to the other spouse within Rhode Island, or wherever the spouse is located. The couple must then wait before their divorce is finalized, which can take up to two months in some cases.

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