What is marital misconduct?

Marital misconduct is a term used in Rhode Island divorce law when it comes to dissolving a marriage. Marital misconduct is any actions or behaviors that are seen as wrongful during the marriage. This could include physical violence, abandonment, emotional abuse, and adultery. Marital misconduct can have a significant impact on the outcome of a divorce. For example, if one spouse has committed the act of adultery, the court may choose to award them less than half of the marital assets. In addition, the court may award the innocent spouse alimony or spousal support. When determining whether or not there has been marital misconduct, the court will consider the length of the marriage, any prior conservation or reconciliation attempts, any incidents of cruel treatment during the marriage, and the economic impact of the misconduct on either spouse. Evidence that proves marital misconduct must be submitted to the court. This can include photographs, emails, texts, eyewitness accounts, or other forms of documentation. Since marital misconduct can have a significant effect on the outcome of a divorce in Rhode Island, it is important for individuals going through a divorce to speak with a qualified attorney who can provide advice and representation.

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