When marriages break down in Rhode Island, both legal grounds for divorce and underlying relationship issues come into play. Rhode Island divorce causes include both the formal fault grounds recognized under Rhode Island General Laws 15-5-2 and the practical reasons couples decide to end their marriages.
Legal Grounds for Divorce in Rhode Island
Rhode Island recognizes two types of divorce: fault-based divorce and no-fault divorce. The grounds for divorce you choose when filing for divorce can influence property division, spousal support, and child custody outcomes.
No-Fault Grounds
Rhode Island allows no-fault divorce, meaning you don't have to prove wrongdoing to end your marriage. The two no-fault grounds are irreconcilable differences and living separate and apart.
Irreconcilable differences mean the marriage has broken down so severely that spouses cannot reasonably be expected to live together as husband and wife. There's no realistic hope of reconciliation. This is the most common ground used when filing for divorce in Rhode Island.
Living separate and apart requires spouses to have lived separately for at least three years, either voluntarily or involuntarily. After three years apart, you can file for divorce without proving fault.
No-fault divorce tends to be faster and less contentious than fault-based divorce because you don't have to present evidence of misconduct or assign blame for the marriage's failure.
Fault Grounds Under Rhode Island General Laws 15-5-2
Rhode Island also recognizes traditional fault grounds for divorce. When filing a fault-based divorce, you must prove specific misconduct caused the marriage breakdown.
Adultery
When one spouse engages in a sexual relationship outside the marriage, the other can cite adultery as grounds for divorce. Rhode Island actually classifies adultery as a criminal offense subject to a fine, though criminal prosecution is extremely rare.
Adultery is one of the most common fault grounds and can significantly impact alimony and property division decisions.
Extreme Cruelty
Extreme cruelty includes physical, emotional, or psychological abuse that makes continuing the marriage unsafe or intolerable. This encompasses domestic violence, severe emotional abuse, controlling behavior, and threats.
Rhode Island Family Courts take allegations of extreme cruelty seriously, particularly when child custody and child support are at issue.
Impotency
Sexual impotency that existed before marriage and wasn't disclosed can be grounds for divorce. This fault ground is rarely used in modern divorce cases.
Willful Desertion
Intentional abandonment of the marriage for five years or more constitutes willful desertion. Courts may grant a divorce for shorter desertion periods at their discretion.
The deserting spouse must have left without justification and without the intention to return.
Continued Drunkenness
Chronic alcohol abuse that disrupts the marriage or creates an unsafe environment qualifies as continued drunkenness. The drinking must be ongoing and severe enough to damage the marital relationship.
Habitual Drug Use
The habitual, excessive, and intemperate use of opium, morphine, or chloral (or modern equivalents) provides grounds for divorce. This fault ground addresses serious substance abuse that undermines the marriage.
Neglect and Refusal to Provide
When a husband with sufficient ability neglects and refuses to provide necessities for his wife's subsistence for at least one year, this constitutes grounds for divorce. This somewhat outdated provision applies only to husbands failing to support wives, not vice versa.
Gross Misbehavior and Wickedness
This catch-all category covers severe misconduct that violates the marriage covenant. Examples include criminal activity, habitual dishonesty, financial misconduct, gambling addiction, or other serious betrayals of trust.
Gross misbehavior and wickedness give Rhode Island Family Courts the flexibility to recognize serious marital misconduct not covered by other specific fault grounds.
How Fault Affects Your Divorce Case
Even though Rhode Island allows no-fault divorce, marital fault can significantly impact the outcome of your divorce case in several ways.
Impact on Property Division
Rhode Island uses equitable distribution to divide marital property. Under this system, courts divide assets fairly but not necessarily equally.
The conduct of parties during the marriage is one factor Rhode Island Family Courts consider when dividing property. If one spouse committed adultery and spent marital funds on the affair, engaged in gross misbehavior like gambling away assets, or otherwise damaged marital finances through misconduct, the court may award the innocent spouse a larger share.
It's not uncommon for judges to order 60/40 or 55/45 asset splits when significant fault is proven. The length of the marriage also plays a role, fault may have less impact in very short marriages or very long ones.
Effect on Spousal Support
Fault grounds can influence alimony decisions in Rhode Island. Courts consider the standard of living during the marriage, length of the marriage, age and health of both spouses, and the conduct of the parties during marriage when determining spousal support.
A spouse who committed serious marital misconduct may receive less alimony or be denied spousal support entirely. Conversely, an innocent spouse may receive higher or longer-lasting alimony when the other spouse's fault caused the marriage breakdown.
Rhode Island is one of the few states where marital misconduct remains a factor in alimony determinations.
Child Custody and Child Support Considerations
While fault doesn't directly affect child support calculations (which follow state guidelines based on income), it can impact child custody decisions.
Rhode Island Family Courts always prioritize the child's best interests. If a parent's conduct, such as substance abuse, domestic violence, abandonment, or other fault grounds, affects their parenting ability or creates an unsafe environment, the court may limit that parent's custody rights.
For example, continued drunkenness or habitual drug use could result in supervised visitation rather than shared custody. Extreme cruelty involving domestic violence might mean the abusive parent has only limited or no contact with children.
Common Practical Causes of Divorce in Rhode Island
Beyond the legal grounds for divorce, several common underlying issues lead Rhode Island couples to end their marriages.
Infidelity and Affairs
Extramarital affairs rank among the top causes of divorce nationwide and in Rhode Island. Adultery often indicates deeper marital problems like resentment, growing apart, anger issues, mismatched intimacy needs, or boredom.
Even when couples file no-fault divorces citing irreconcilable differences, adultery is frequently the triggering event that makes reconciliation impossible.
Financial Problems
Money issues create enormous marital stress. Unemployment (particularly when the primary breadwinner loses their job), irresponsible spending, gambling, hiding financial information, or fundamental disagreements about money management frequently lead to divorce.
When couples face financial pressure, it often leads to intense arguing, communication breakdown, and eventual filing for divorce in Rhode Island.
Communication Breakdown
Good communication forms the foundation of healthy marriages. When spouses stop communicating effectively, romantic feelings fade, and marital problems intensify.
Communication issues can stem from different communication styles, unwillingness to discuss problems, contempt or criticism, or simply growing apart over time.
Abuse and Domestic Violence
Physical, emotional, or mental abuse makes a healthy marriage impossible. Many Rhode Island divorces involve domestic violence or abusive behavior.
Abuse victims often need support and resources to safely exit the marriage. Rhode Island Family Courts take abuse allegations seriously and may issue protective orders while the divorce proceeds.
Addiction Issues
Gambling addiction, alcoholism, drug addiction, or other compulsive behaviors wreck marriages. Addiction often involves lying, stealing, betraying trust, and prioritizing the addiction over the spouse and family.
Continued drunkenness and habitual drug use are recognized fault grounds precisely because addiction so thoroughly damages marriages.
Growing Apart and Incompatibility
Over time, spouses may develop different interests, values, or life goals. What brought them together and sustained the marriage may no longer exist.
This incompatibility often leads to unhappiness and one or both spouses seeking fulfillment elsewhere, sometimes through affairs.
Overall Unhappiness
Ultimately, unhappiness drives most divorces. When one or both spouses realize the marriage brings more pain than joy, they decide to end it.
Some people marry only to discover that marriage is more difficult than expected. Others face unexpected challenges that prove insurmountable.
Choosing Between Fault and No-Fault Divorce
When filing for divorce, you must decide whether to cite fault grounds or use no-fault irreconcilable differences.
Advantages of Fault-Based Divorce
Filing fault-based divorce may benefit you when your spouse's misconduct was egregious, and you want recognition of wrongdoing, you seek a larger share of marital property based on misconduct, you want higher or longer spousal support due to fault, or fault is relevant to child custody (abuse, addiction, abandonment).
Fault divorces hold wrongdoing spouses accountable and can influence equitable distribution and alimony outcomes.
Benefits of No-Fault Divorce
No-fault divorce typically offers less conflict and animosity, faster resolution with lower legal costs, greater privacy (no public airing of misconduct), and easier settlement negotiations.
Most Rhode Island divorces proceed as no-fault cases even when fault exists, simply because they're more efficient.
Can You Cite Both?
Yes. Rhode Island allows citing both fault and no-fault grounds in the same divorce case. This gives the court a complete picture of the marriage breakdown while preserving the option to settle as a no-fault divorce if beneficial.
A Rhode Island divorce attorney can advise on the best strategy for your specific situation.
How Grounds Affect the Divorce Process
The grounds you choose influence how your divorce proceeds through the Rhode Island Family Courts.
Uncontested vs. Contested Divorce
When spouses agree on all major issues, property division, spousal support, and child custody, the divorce is uncontested regardless of grounds. Uncontested divorces move quickly through the system.
Contested divorces occur when spouses disagree on one or more issues. Fault-based divorces tend to be more contentious than no-fault cases, often resulting in contested proceedings.
Evidence Requirements
No-fault divorces require minimal proof, simply that irreconcilable differences exist. You and your spouse (or witnesses) testify that the marriage is broken beyond repair.
Fault divorces require substantial evidence. You must prove adultery through testimony, documentation, or other evidence. Extreme cruelty needs proof of abuse. Continued drunkenness requires evidence of chronic alcohol problems.
This evidentiary burden makes fault divorces more expensive and time-consuming.
Timeline Considerations
No-fault divorces typically take 5-6 months for uncontested cases, including the mandatory 90-day waiting period. Fault-based divorces often take longer, 6-18 months or more, due to the need to prove misconduct through discovery, depositions, and possibly trial.
Getting Legal Help
Divorce in Rhode Island involves complex legal issues, especially when fault grounds are involved. Consulting a Rhode Island divorce attorney ensures you make informed decisions about grounds, property division, spousal support, and child custody.
An experienced attorney can explain how fault might affect your case, help gather evidence if pursuing fault-based divorce, negotiate favorable settlements considering fault factors, and protect your rights throughout the process.
Many attorneys offer free consultations where you can discuss your situation and get preliminary advice about whether fault grounds make sense in your case.
Moving Forward
Rhode Island divorce causes include both the legal grounds required to obtain a divorce and the underlying relationship problems that make marriage unsustainable. Whether you cite fault grounds like adultery, extreme cruelty, continued drunkenness, or gross misbehavior and wickedness, or proceed with no-fault irreconcilable differences, the path you choose affects your divorce timeline, costs, and outcomes regarding property division, spousal support, and child custody.
Most marriages end due to a combination of factors, financial stress, communication breakdown, infidelity, or simply growing apart. Rhode Island law provides options for addressing these situations through both fault-based and no-fault divorce, giving you flexibility to choose the approach that best serves your interests and circumstances.