Divorce may be defined as the legal ending of a marriage. Married couples do not have a legal or a constitutional right to seek a divorce, but states like Rhode Island commonly grant divorces because to force a couple to remain married would be considered against public policy.

"No-fault" and "fault" are the two types of grounds, or justifications, for divorce in the United States. In some states, no-fault is the only viable justification for a divorce, even if fault grounds are present within the marriage. The other states, such as Rhode Island, allow the parties to select either a no-fault or a fault divorce. The Cornell University Law School website, law.cornell.edu, provides a comprehensive overview of divorce and separation law in the United States.

The United States first adopted the concept of a no-fault divorce in the late 1960's, and nearly all of the states presently allow for some form of it. A no-fault divorce is one in which the parties do not legally fault, or blame, each other for the divorce. Some examples of the bases for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.” Generally, one spouse cannot stop a no-fault divorce, simply because when one spouse wants a divorce and the other spouse does not, this constitutes irreconcilable differences, which justifies a no-fault divorce. In Rhode Island, the grounds for a no-fault divorce are irreconcilable differences, which have caused a breakdown in the marriage, and living separate and apart without cohabitation for at least three years.

Many states require a "cooling-off" period of separation for a particular length of time before no-fault divorce proceedings can begin. During this time, the couple is required to live separate and apart with the intent that the separation will become permanent. The duration of the cooling-off period varies according to state law.  In Rhode Island, the final divorce decree may be entered anytime within 30 days or three months of the decision date.

Some states also allow fault grounds for divorce. Common fault grounds may include cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. In Rhode Island, the fault grounds for divorce are adultery, cruelty or violence, desertion for at least five years, drug and/or alcohol addiction, impotency, non-support, and any other gross and repugnant behavior, such as refusal and neglect.

There are several “defenses,” or denials, that are sometimes used regarding fault divorces, including the following: collusion, connivance, condonation, and provocation. In Rhode Island, collusion is allowed as a defense to divorce. Collusion may be committed by a couple who does not want to wait the separation period mandatory in their state and instead attempts to falsely manufacture fault grounds for the divorce.

Defenses like collusion are not used often, perhaps because they require witnesses and additional court time, which is expensive and can drag out the divorce. Another reason may be that even if the defense is proven, courts will typically still grant the divorce rather than require the couple to remain married when at least one spouse does not wish to do so. Divorcelawinfo.com provides a full text of the Rhode Island divorce statutes.

Divorce laws vary widely across the United States. The American Bar Association provides a variety of information regarding divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states, including Rhode Island, can be found at abanet.org.

*An example of a Rhode Island Divorce Settlement Agreement can be seen on Free Legal Aid.