What are some of the additional grounds for divorce in RI?

 

We are all fairly familiar with the traditional grounds for divorce, "Irreconcilable Differences." Yet, few if any of us understand that there are eight other categories that can be taken into consideration as grounds for a divorce between two people. And though the cases are extreme where they are called into question, the fact that they exist gives an indication about the direction a divorce case can and sometimes does travel.

To begin, let's define Irreconcilable Differences as an unworkable breakdown of communication that has caused discourse or disagreement, and taken the marriage to an advanced stage of discord and separation. In addition to this general and catch-all ground for divorce, the following grounds are used in extreme situations where there is physical or substance abuse or worse within the marriage.

According to RIGL Chapter 15-5 Divorce and Separation, Section 15-5-2, the Additional Grounds for Divorce are:

• Impotency

• Adultery

• Extreme cruelty

• Willful desertion for five years by either party, or for a shorter period of time according to the court's discretion

• Continued drunkenness

• Habitual, excessive and intemperate use of opium, morphine, or chloral

• Neglect and refusal on the part of the husband to provide necessities for the support of his wife assuming he is of sufficient ability and for at least one year prior to filing for divorce

• Any other gross misbehavior, repugnant to and in violation of the marriage covenant, by either party

Attorney Rui P. Alves is experienced in all grounds for divorce proceedings and can provide the best possible representation in all matters involving RI Family Court cases. If you are considering a divorce, contact Alves Law for a consultation and discussion regarding whether you have grounds for filing your petition.

Common Law Marriage in RI

Common law marriage, occasionally referred to as "Sui Juris" marriage; is an informal unions of interpersonal status which is legally recognized in specific jurisdictions as being valid even though no legally recognized marriage ceremony has been performed. This also means that no civil marriage contract has been entered into a civil registry. In Rhode Island, Common-law marriages are legally binding in some jurisdictions, yet have no legal consequence in others. The validity and practice of a common law marriage is based upon which jurisdictions recognize them, which can differ from place to place. Common-law marriages may be recorded in public records, though they are not licensed by government authorities, nor are they solemnized before witnesses in a wedding ceremony.

Cohabitation alone fails to constitute common-law marriage in Rhode Island, because both parties must present themselves to the world as spouses, and that includes mutual consent. When courts review a common law marriage to determine its validity, it considers a totality of circumstances rather than specific factors. Establishing a common law marriage in Rhode island is akin to amassing a variety of factors together in order to achieve recognition, rather than focusing on a specific factor to validate the union.