Are there any grounds for an at-fault divorce?

In Rhode Island, an at-fault divorce is when one spouse is seeking a divorce due to the other spouse’s specific fault. Generally, Rhode Island law allows for at-fault divorces in cases of adultery, extreme cruelty, willful desertion,7 malicious abandonment, and substance abuse. These are the most common grounds for filing an at-fault divorce in Rhode Island, but this list is not exhaustive. When an at-fault divorce is sought, the filing spouse must prove that the other committed a fault for which the divorce should be granted. Depending on the specific fault, such as if the other spouse committed adultery, the filing spouse must provide evidence to prove this behavior took place. The filing spouse must also prove the behavior occurred willingly and without provocation. In cases of cruel or abusive behavior, the court may consider evidence such as medical records or witness testimony to satisfy the burden of proof. Regardless of the evidence provided, the court will ultimately make the decision as to whether fault can be proven and grounds for an at-fault divorce exist. When an at-fault divorce is granted, the spouse who was found to have acted wrongfully is not entitled to any alimony. This means that the filing spouse does not have to pay any money to the other for spousal support. However, the court will still consider other factors in determining an appropriate division of assets and property between the two parties.

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Are there any grounds for an at-fault divorce?

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