Like other states, Rhode Island offers no-fault as well as fault-based divorce opportunities. Most people choose no-fault divorce, which only requires that the spouse who files cites “irreconcilable differences” as the reason for their decision.
This typically helps the divorce process move more quickly and less expensively than a fault-based divorce would. If one spouse does accuse the other of one of the grounds for a fault-based divorce, they’ll need to provide evidence to the court unless the other spouse acknowledges it.
More advantages of no-fault divorce
No-fault divorce also prevents spouses from having to air their “dirty laundry” in court – even if a spouse has engaged in behavior or has issues that would qualify for a fault-based divorce. Those include adultery, alcohol or drug abuse, impotence, cruelty, neglect and “gross misbehavior and wickedness.”
When a couple has children or one or both of them has a reputation in their community or their industry they need to preserve, it’s often preferable to stick with the no-fault option.
When might fault-based divorce be the better choice?
Certainly, if a spouse is violent or has a substance abuse issue, a fault-based divorce can be used (assuming it can be proven) to help limit that spouse’s parenting time if they have children.
If the fault is adultery, that is one of many factors that can be used when determining alimony. Rhode Island law allows judges to consider the “conduct of the parties during the marriage.” That’s true for both the potential paying and recipient spouse.
Judges can potentially be swayed by any named and proven fault in just about any decision they’re asked to make during a divorce, whether it involves alimony, child custody or property division. If one spouse has a history of spending significant marital assets on other women or men, for example, a judge may consider that to be a relevant factor in dividing assets and assigning support. However, there’s no guarantee of that.
Every situation is highly unique. Anyone preparing to file for divorce who’s undecided about using the no-fault vs. fault-based options should think carefully about the pros and cons of both. Getting sound legal guidance as early as possible can help.