FAQ

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    • Can I file for divorce without a lawyer?

      Yes, but it is best to work with a lawyer for several reasons.

      One is that you could end up with a settlement that isn’t in your best interest. If this is the case, it is likely that you will eventually need a lawyer to help you change the terms of the settlement—if it is even possible to change them.

      With so many deeply personal topics on the table, working with a lawyer is the most cost-effective way to protect your rights and interests. From child custody and support to asset division, alimony, and more, we’ll make sure your divorce is handled the right way from the very beginning.

    • How do I choose the right divorce attorney?

      The “right attorney” will vary depending on how you want to approach your divorce.

      Here are just a few things to consider:

      • Years of experience
        • How long has the lawyer been in practice?
        • At Moyer Law, PC, we have over 25 years of experience in divorce and family law.
      • Primary practice area
        • A lawyer who focuses their entire career on one area of the law has had the chance to develop a well-rounded understanding of that area. For that reason, it’s best to work with a lawyer who primarily practices divorce/family law.
        • Our team focuses exclusively on family law, so you can rest assured that we know how to handle these cases effectively.
      • Legal approach
        • Think about what you want to get out of your lawyer. Do you want honest counsel and tailored legal services? Or do you want a more one-size-fits-all approach?
        • We are known for our honest counsel and skilled representation. With us, you’ll get the personalized service you deserve.
      • Case results
        • A lawyer may check all the boxes but simply not have the case results to show for it.
        • Our team has successfully handled thousands of family law cases in Rhode Island. To check out our case results, click here.

    • What are the residency requirements for divorce in RI?

      To get a divorce in the state of Rhode Island, at least one party will need to prove they have been a resident of the state for no less than one year.

    • What’s the difference between divorce and a legal separation?

      Getting a divorce means officially ending one’s marriage.

      A legal separation is when a married couple decides to live apart but stay married. This gives them the opportunity to work out their differences. They can then move back in together or decide to go forward with divorce. In the meantime, they will still need to work out parenting time (if they have children), property and asset division, and any other issues that arise when a married couple chooses to live apart.

    • What’s the difference between contested and uncontested divorce?

      When spouses agree on the terms of their divorce, it is considered an uncontested divorce. A contested divorce is when divorcing spouses cannot agree on terms and have to take the matter to court.

    • Do I need grounds to file for divorce in Rhode Island?

      Rhode Island is a no-fault divorce state, which means you don’t need to give a reason for divorcing your spouse.

      If you would like to give a reason, Rhode Island law considers the following to be grounds for divorce:

      • Neglect and refusal of support for at least one year
      • Living separately or apart for three years
      • Gross misbehavior and wickedness
      • Willful desertion for five years
      • Irreconcilable differences
      • Continued drunkenness
      • Habitual drug use
      • Extreme cruelty
      • Impotency
      • Adultery

      More about these grounds for divorce can be found in R.I. Gen. Laws § 15-5-2, § 15-5-3, and § 15-5-3.1.

    • How is property divided in a Rhode Island divorce?

      Unless protected by a prenuptial or postnuptial agreement, any property bought or acquired during the marriage will likely be divided upon divorce. All this marital property must be divided equitably.

      If divorcing spouses cannot agree on what’s fair and equitable, a family court will take care of it on their behalf.

    • How long does it take to get a divorce in RI?

      The average uncontested divorce takes between 90 and 120 days. Without any hiccups, it could be finalized in just 75 days.

      Keep in mind that every case is different. A contested divorce will likely take longer.

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