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Divorce Lawyers in Rhode Island

Divorce proceedings cause conflict and anxiety for most divorcing couples, even amicable separations. It’s best to hire an experienced divorce attorney to manage the legal side of things while you take care of yourself and your family.

Gemma Law Associates, Inc., is a highly regarded Rhode Island law firm with more than four decades of experience. Our divorce lawyers provide legal advocacy, compassionate counsel, and aggressive representation for individuals seeking a divorce in Rhode Island.

Call our Providence location at 401-467-2300, or contact us online for a FREE consultation.

Rhode Island Divorce Laws

A licensed attorney can guide you through the complicated divorce procedures and filing requirements. While it’s possible to represent yourself, minor mistakes could pose challenges for you and your family.

Below, we discuss important laws you should know and how they could impact your divorce.

To file for divorce in Rhode Island, one spouse must have resided in the state for at least one year.

Grounds for divorce in Rhode Island include:

  • Irreconcilable differences
  • Living separate and apart without cohabitation for three years
  • Impotency
  • Adultery
  • Extreme cruelty
  • Willful desertion for five years or at the discretion of the court
  • Habitual drunkenness
  • Habitual drug use
  • Neglect or refusal to support for at least one year; or
  • Misbehavior or wickedness in violation of the marriage covenant

Equitable distribution is a term used in Rhode Island Family Court to settle marital property disputes. Dividing marital property is a contentious endeavor for most couples. It involves careful assessment of pre-marital property, the length of the marriage, income and assets, debt, education and skill level of each spouse, along with several other factors.

Property isn’t necessarily divided equally. An experienced attorney can have a significant impact on how marital property is allocated.

Child support is another complex and stressful area of divorce. The purpose is to protect the child from financial hardship following a divorce or separation. Child support isn’t a punishment but an obligation to the child’s future.

Child support is calculated using the Rhode Island Child Support Guidelines and is not taxed nor tax deductible. Payments can be modified over time by the courts or modified per a change in parental circumstance. For example, a significant change in employment or income.

Rhode Island’s family courts take child support very seriously. Unpaid child support will incur penalties enforced by the Office of Child Support Services. Penalties may include wage garnishment or the confiscation and/or sale of property, assets, or investments.

Child custody and visitation rights are addressed during divorce proceedings and play into how child support is calculated. For example, a parent who shares custody and visitation could pay less in child support if the arrangement is in the child’s best interest.

Alimony is a mandatory payment made to one spouse “for a reasonable length of time” so he or she may become financially independent and self-sufficient following separation or divorce.

The courts determine the alimony and several factors influence its amount:

  • Length of marriage
  • Conduct of the spouses
  • Liabilities
  • The health, age, and skills of each spouse
  • The couple’s previous standard of living
  • Custody of child(ren)
  • How long a homemaker has been out of the workforce; etc.

Courts also have the authority to stipulate how long alimony should be paid.

Finally, alimony is considered income which must be reported and taxed. Alimony is tax deductible for the spouse making payments.

Rhode Island Divorce Lawyers

Divorce presents unique challenges for different people and different families. You will have questions, doubts, and worries that go beyond managing a household or tending to family relationships.

At Gemma Law, we can help carry the load by representing your interests throughout divorce proceedings, mediation, and a trial should an agreement not be reached.

Our team of compassionate attorneys will guide you through the process step-by-step, answer questions, and make recommendations that reflect your interests as well as your family’s.

Call 401-467-2300 to schedule a FREE consultation with a divorce attorney, or contact us online and we’ll get in touch with you.

Gemma law is the best and helped and guided me threw everything … highly recommended thank you so much
ellen almgren
ellen almgren
5 stars all the way. They did exactly what was expected. Good Job
Keith Ruggiero
Keith Ruggiero
Very efficient and very good with communicating with me. I received updates about my case without having to call and request them. Very good law office! Very satisfied.
Bethania Herrera
Bethania Herrera
Mark Gemma has been absolutely amazing. He was helpful and answered all concerns and questions I’ve had. Him and his team are beyond incredible, supportive, and sweet. I would like to thank them all for everything they’ve done.
Samantha Argus
Samantha Argus
very professional and honest, what I liked the most is whenever you call the lawyer returns your call with every concern I had. It was my first time and I would not hesitate to trust them again.
Diana Palacio
Diana Palacio
This team is extremely helpful and kind. Mark Gemma was a great help in guiding me through this whole process and was a huge help. I would recommend this team to anyone seeking legal counsel
Zachary Dustin
Zachary Dustin
I am so happy with the turnout of my case. Both Sarah and Peter kept me up to date on everything and worked very hard on my case. The whole staff is friendly and diligent with their work. 100% recommend!
Chelsie Abatiello
Chelsie Abatiello
Managed to get my money before Christmas...in just days after settling! Great communication and always helped with my needs, and always gave good advice. Would definitely recommend.
Trini Luckey
Trini Luckey
Always professional and always checking in on their clients. Excellent atmosphere.
Susan Hallam
Susan Hallam
After spending 8 hours in a hospital overnight to get stitches in my lip because of a drunk driver’s negligent decision to get behind the wheel, the last thing I wanted to do was think about it all. I sent an email to Gemma Law, and Mark Gemma quickly called me back with an empathetic approach to listening to my story and helping me figure out the next steps. When he told me I wouldn’t have to have any contact with the insurance companies, I was HOOKED! When he pointed out how unfortunate it was I might have to miss out on a lip modeling career from a potential scar from the stitches, I was SOLD! And when I finally received my settlement check after letting him do all the leg work while I just focused on recovering, I was and am eternally GRATEFUL! Mark Gemma helped me turn a near death experience into a new start in life and I highly recommend him to anybody needing a personal injury lawyer.
Angie Sherman
Angie Sherman

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