Rhode Island Divorce and Family Law Attorney
Family cases are the hardest cases people go through: your children, your home, and your future are on the line, and emotions run high on both sides. You need a lawyer who will give you realistic advice, protect what matters most to you, and know when to settle and when to fight. I represent parents and spouses in Rhode Island Family Court in Providence, Kent, Washington, and Newport Counties.
Family law matters I handle
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Contested and uncontested divorce
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Custody and physical placement
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Child support
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Alimony
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Division of property and debts
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Post-judgment modifications of custody, placement, and support
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Motions to enforce existing orders
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Relocation cases
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Paternity
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DCYF cases, including neglect, abuse, and dependency petitions
Divorce in Rhode Island
Who can file. At least one spouse generally must have lived in Rhode Island for one year before filing.
Grounds. Most Rhode Island divorces are filed on the ground of irreconcilable differences. You don't have to prove anyone was at fault, although fault-based grounds are still available.
Uncontested vs. contested. If you and your spouse agree on everything (property, debts, custody, support), the case can be finished at a short hearing, often called a nominal hearing. If you can't agree, the case proceeds through discovery and negotiation, and to trial if necessary.
Timing. Even an uncontested divorce takes several months. After the court grants the divorce, final judgment cannot enter until three months later. Contested cases take longer, depending on how many issues are disputed.
Property and alimony. Rhode Island divides marital property equitably, which means fairly, not necessarily 50/50. The court considers factors like the length of the marriage, each spouse's contributions, and each spouse's earning ability. Alimony is decided case by case and isn't automatic.
Custody and placement
Rhode Island courts decide custody and placement based on the best interests of the child. There is no presumption in favor of mothers or fathers. The court looks at factors like each parent's relationship with the child, the child's adjustment to home and school, each parent's willingness to support the child's relationship with the other parent, and any history of domestic violence.
Rhode Island separates custody (who makes major decisions about the child) from physical placement (where the child lives and the parenting schedule). Many cases end with joint custody and a detailed placement schedule. When the other parent is unsafe or unreliable, I push for the orders that protect your child.
Changing an existing order
Orders aren't permanent. If there's been a substantial change in circumstances, such as a job loss, a move, a change in the child's needs, or a parent who isn't following the schedule, you can ask the court to modify custody, placement, or support. If the other parent is ignoring an order, a motion to enforce can get it back on track.
DCYF cases
If DCYF has filed a petition in Family Court alleging neglect, abuse, or dependency, you have the right to a lawyer, and what you do in the first weeks matters. I help parents understand the case plan, meet its requirements, and work toward reunification, while protecting their rights in court.
Frequently asked questions
How long does a divorce take in Rhode Island? An uncontested divorce usually takes several months, because of the three-month waiting period before final judgment. A contested divorce can take a year or more, depending on the issues and the court's schedule.
Do we both need lawyers? I can represent only one spouse. The other spouse can hire their own lawyer or represent themselves. If you're working out an agreement, having your own lawyer review it before you sign protects you from terms you'll regret.
Can I move out of state with my children? If there's a custody order in place or the other parent is involved, generally not without their agreement or the court's permission. Relocation cases are decided on the child's best interests. Talk to a lawyer before you move.
How is child support calculated? Rhode Island uses child support guidelines based on both parents' incomes, the number of children, and costs like health insurance and childcare. The court can deviate from the guidelines only in limited circumstances.
My ex isn't following the custody order. What can I do? Keep a record of every missed exchange or violation, and don't take matters into your own hands. A motion to enforce or a motion to adjudge in contempt asks the court to step in.
Talk to a family lawyer today
The consultation is free and confidential. Call (401) 656-5555 or send a message.