Frequently asked questions about Divorce RI, RI alimony, Rhode Island child support and other Rhode Island divorce related topics.

Q: What happens in a “free initial consultation?”
A: A free initial consultation is an excellent way for a potential client to learn about his or her rights, the Court system and process of a case, and legal fees and expenses.

It is a valuable experience which not only allows the potential client to learn about the process but also to meet and interact with the attorney.
And, most importantly, it’s FREE!

Q: What are the residency requirements for getting a divorce in Rhode Island?
A: In order to file for divorce in Rhode Island, one spouse must have been a resident of the state for at least one year before filing.

Q: What does Rhode Island consider grounds for divorce?
A: Most divorces are filed on the ground of irreconcilable differences which have caused the irremediable breakdown of the marriage.  This is a no fault ground.
Other grounds which are available include living separate and apart for a space in excess of three years, adultery, and willful desertion.

Q: Where do I file for divorce in Rhode Island?
A:  A Rhode Island divorce is ordinarily filed in the County where the Petitioning Spouse resides.

Q: How is alimony awarded in Rhode Island?
A: Alimony may be awarded to either party. Alimony is designed to provide support for a spouse for a reasonable length of time to enable the recipient to become financially independent and self-sufficient. However, the court may award alimony for an indefinite period of time when it is appropriate in the discretion of the court. (Rhode Island Domestic Relations Law - Title 15, Section 15-5-16).

Q: How is child custody awarded in Rhode Island?
A: Failing an agreement between the parents as to the custody of the children, determination will be based on the best interest of the child. In regulating the custody of the children, the court shall provide for the reasonable right of visitation by the natural parent not having custody of the children except upon the showing of cause as to why the right should not be granted. The court shall mandate compliance with its orders by both the custodial parent and the children. (Rhode Island Domestic Relations Law - Title 15, Section 15-5-19)

Q. Should I engage a divorce lawyer or a mediator? You should engage a divorce lawyer. Why?
A. Mediation plays upon perceived fears: 1. Divorce is expensive. Mediation is not expensive. 2. Lawyers are only in it for the money so Court is acrimonious, protracted, and expensive. Let’s address these fears and address some misconceptions associated with mediation. Like attorneys, mediators are business people offering a service for a fee. Some mediators are non-lawyers and, although they certainly mean well, they are not trained to analyze the facts of the case in the same way as an attorney. Most mediators are also practicing attorneys so mediation is not their primary field. Some mediators are even retired from their original career. Often times, mediation is simply just another professional fee incurred because of misplaced fears. The parties participate in mediation-which may or may not be successful. After it concludes, then one of the spouses must still file for divorce, serve the other, and proceed through the Court system. (That is another 6 to 9 months following the conclusion of mediation) More often than not, both Husband and Wife hire an attorney for the Court case. Thus, what mediation did was create a long delay and add yet another expense. Further, many times, one spouse has more power (usually financial power) than the other spouse. The more powerful spouse will encourage mediation in an effort to obtain a superior position over the less powerful spouse. (“Let’s save money” really means “if you don’t get a lawyer, you don’t have anyone protecting your interests so I win”) It I also a myth that only mediators mediate. Reality is, although advocating for your interests most divorce attorneys will work cooperatively with each other and with the parties to identify the issues that exists and then work toward amicable resolution. So why not just file for the divorce at the outset and avoid the delay and expense of mediation.

Q. If I hire Patricia Sullivan, what should my expectations be?
A. First, you should expect a true professional woman attorney whose exclusive, fulltime practice is Divorce and Family Law. Pat is known for her integrity, competence, and excellent rapport with the Family Court Bench and Bar. You should expect a respectful, responsive, polite, experienced and genuinely nice person and attorney who will effectively and efficiently guide you through this difficult phase in your life—and, also, at reasonable fees for services rendered. The goal is to amicably and cost effectively negotiate a settlement in the case avoiding a trial. Because of this, there is no need to mediate.

Attorney Sullivan Is Here To Help. Call for a free consultation (401) 732-8300 or complete the Contact Form for The Law Offices of Patricia A. Sullivan, Rhode Island family law and divorce attorney if you are considering a divorce in RI, need more information on getting divorced in Rhode Island or need a RI family or RI divorce law firm.