Guidance When The Reason Behind The Divorce Is Not Amicable

Many times, mutual "irreconcilable differences" cause a divorce. In other situations, specific events, behaviors or actions of one spouse lead to the divorce.

Although both parties likely have some responsibility for the divorce, sometimes one party is truly guilty of misconduct that destroyed any possibility of saving a marriage. When one individual is at fault, the lawyers at TJC • ESQ can advise on how best to proceed in Rhode Island family courts. We have over 30 years of experience resolving both uncontested and high-conflict divorces. If the actions of your spouse led to your divorce, we can advise on whether pursuing issues relating to your spouse's misconduct and "fault" is in your best interests.

Rhode Island Is A No-Fault Divorce State, But ...

Rhode Island does not require divorcing couples to disclose specific events that led to their decision to divorce. As a no-fault state, married couples may simply choose to divorce, citing "irreconcilable difference." Whether you chose to do file on "no fault" grounds or not, however, you may still allege that your spouse's conduct is relevant, because Rhode Island law clearly provides that the conduct of the parties is relevant, even in a so-called "no-fault" case.

Filing An "At-Fault" Divorce

You can also choose to file on one of several 'fault' grounds in instances where such misconduct caused the divorce.

Grounds for an at-fault divorce in Rhode Island can include:

  • Adultery
  • Domestic violence
  • Substance abuse
  • Desertion for up to five years
  • General neglect or cruelty

In such cases, disclosing the grounds for your divorce may significantly affect the outcome of the proceedings. When you are on the receiving end of such actions or behavior, disclosing the reason behind the divorce can seem tempting. However, your spouse's misconduct could entitle you to receive more favorable results in the divorce settlement, including spousal support, a larger share of property and assets, more favorable child custody terms and more, regardless of whether you chose to file on "fault" grounds.

The Advantage We Provide

In an already complicated and emotional situation, divorce and fault issues can become drawn-out, costly and difficult for all involved. As reputable litigators throughout the state, we provide a distinct advantage in contested divorce proceedings. We can use our extensive knowledge of financial negotiations, to assist in assessing the impact that fault may have, and our background in electronic discovery methods to uncover key information to present in family court. We work together with investigators to legally recover such information, including receipts, records, text messages, emails, financial records and more.

Discuss Your Case With A Knowledgeable Attorney

Both amicable and contested divorces can be challenging to navigate without the guidance of an experienced attorney. Schedule a confidential consultation with us in Rhode Island to learn how we can assist. Call us at 401-400-4254, or email us through our website.