FAQs

Frequently Asked Questions

Rhode Island Divorce & Family Law – Answers from Attorney Christopher A. Pearsall, Esq.

Depending on the grounds for divorce, an uncontested (nominal) divorce usually takes about 75–150 days, while contested cases can take several months longer or more, depending on disputes over assets, custody, or support.

An uncontested divorce means both spouses agree on all terms (custody, assets, support), while a contested divorce means there are disagreements that require the court’s decision. We offer flat-fee uncontested divorce services for affordable, stress-free resolutions.

It’s always smart to at least consult a lawyer before filing. Many self-filed divorces contain costly mistakes that can’t be undone. We provide affordable coaching or representation to make sure your paperwork and agreements are correct.

Costs vary by case, but uncontested divorces are available for a flat fee, and contested cases depend on complexity. Our goal is to keep your legal costs reasonable and, to the extent possible, predictable.

Rhode Island follows equitable distribution, meaning property is divided fairly,  not always equally. The court considers various factors like the length of the marriage, contributions to the assets by each spouse, and the conduct of the parties during the marriage.

The court bases custody on the best interests of the child, considering such factors as stability, safety, each parent’s involvement in the child’s life and each parent’s ability to make good decisions for the child.

Physical placement refers to where the child lives, while legal custody refers to who makes important decisions for the child. You can share one or both depending on your family’s circumstances.

Child support is based on the Rhode Island Child Support Guidelines, which considers the income of both parents, healthcare costs, any additional minor children and childcare expenses. Typically, you should only rely on a qualified family law attorney to accurately calculate the correct amount.

Yes, if there has been a substantial change in circumstances,  such as income changes or relocation. In those circumstances, you can request a modification through the Rhode Island Family Court.  A modification does not always help you.  We can help you file and present your case properly and avoid a filing if it’s not helpful to your child support situation.

If your ex violates a court order or settlement agreement, you can file a Motion for Contempt or a Motion to Enforce. We help clients ensure their rights are protected and that court orders are followed.

Alimony (spousal support) is paid by one spouse to the other spouse.  It helps one spouse maintain financial stability after divorce, usually for a limited period of time until they can get on their feet financially. The court considers the length of marriage, earning ability, one spouse’s need, and the other spouse’s ability to provide such support. We help clients seek fair arrangements based on their circumstances.

You must have court approval or the other parent’s consent before relocating with a child. Moving without permission can lead to serious legal consequences. Always consult an attorney before making any move.

Meet with a lawyer early to understand your rights, gather financial records, and make informed decisions. Early legal advice can prevent costly mistakes and strengthen your position.

With 33+ years of family law experience, he provides honest, affordable, and caring legal support to clients throughout Rhode Island. He offers both full-service representation and affordable coaching to fit your needs and budget.

Get Answers You Can Trust

If you have more questions about divorce, custody, or child support in Rhode Island, I’m here to help.
Call 401-632-69763970 Post Road, Warwick, RI