What is fault-based divorce?

Fault-based divorce is a type of divorce in which a spouse is able to show that one’s partner has caused the dissolution of the marriage. In Rhode Island, fault-based divorce is granted when a spouse can prove one of the following five legally recognized causes for divorce: adultery, extreme cruelty, desertion, imprisonment, or substance abuse. In a fault-based divorce, a spouse is required to provide evidence that their spouse has committed one of these acts, and this evidence can affect the terms of the divorce, such as spousal support or the division of assets. For example, if the spouse can prove that their partner was unfaithful, then they may receive additional financial support after the divorce. In Rhode Island, fault-based divorces are uncommon, as most divorces are based on the “no-fault” grounds of irreconcilable differences. This means that the spouses do not need to prove that the other spouse has done anything wrong in order to be granted a divorce. Overall, fault-based divorce is an option available in Rhode Island in certain circumstances, but the majority of divorces are granted with the no-fault grounds of irreconcilable differences.

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