Moyer Divorce Law FAQS

Interstate Custody Jurisdiction Issues in Rhode Island Family Court

Often, when one parent of a child moves out of state and the other remains in state, issues of jurisdiction arise when parents need to use the court system to resolve disputes. These jurisdiction questions increase in importance if the child or children move out of state also. Jurisdiction determines which ...

What’s the Difference in RI Between Legal Separation and Divorce?

In a divorce there are generally four major categories of things to deal with, namely (1) child issues, (2) equitable distribution issues (assigning assets and debt), (3) spousal support (alimony) issues, and (4) "temporary" issues while the divorce is pending, such as who can live where, who can use the ...

How Do I Fill Out the Required RI Court DR-6 Financial Form?

The DR-6 (a-b) "Statement of Assets Liabilities Income Expenses" is a form that all family court parties are required to fill out and file when filing complaints for divorce. separation, miscellaneous complaints, or when an answer or modification request is filed. After reviewing the DR-6, it can be seen that page ...

How Do RI Courts Handle Significant Others and Visitation During Divorce

Here is the situation: You have been separated from your spouse for two years, and have just filed for divorce and your first hearing for child support is a week away. You are living with the love of your life (not your spouse). Your children live with you and are ...

What’s the Difference Between Legal and Physical Custody?

Many states have differing terminology for legal and physical custody. In Rhode Island, legal custody is the ability to have input in major life decisions of the children in question. A person with "sole custody" has sole legal custody, and does not need to include the other parent in the ...

How Long Does a Simple Divorce Take?

Rhode Island has a “track” system for divorces, meaning that a divorce is either on the “Nominal Track” or the “Contested Track.” The party filing the divorce first may choose either track from the beginning. If they choose the nominal track, they will be given an initial (and hopefully last) ...

How do the Courts Decide Custody?

The Rhode Island Family Courts base custody and possession decisions on the "best interest of the child." The pivotal case Pettinato v. Pettinato, 582 A.2d 909 (R.I. 1990) states that certain factors must be weighed in the best interests of the child analysis when relevant. These factors include: 1. The ...

Can a Child Support Order be Changed?

Child support may be modified after one of three circumstances occur. In RI, child support is based on the parties income and available resources support and that information, along with some other factors such as daycare costs, medical insurance costs, or the number of other minor children a party ...

What Are the Grounds for Divorce?

The two most common grounds for divorce in Rhode Island are "Irreconcilable Differences" and "Living Separate and Apart for the Space of Three Years". The other, older, grounds for divorce are as follows: (1) Impotency; (2) Adultery; (3) Extreme cruelty; (4) Willful desertion for five (5) years of either of the parties, or ...

What Does the Court Consider When Dividing Assets in Divorce?

The Family Courts in Rhode Island consider certain factors set out in R.I.G.L. 15-5-16.1 which specifically deals with this question. The factors are as follows: (1) The length of the marriage; (2) The conduct of the parties during the marriage; (3) The contribution of each of the parties during the marriage in the ...