Supporting The Fight
Divorce is never easy, but when adultery is involved, it can leave you feeling blindsided and uncertain about what comes next. Plus, under Rhode Island law, adultery has specific legal consequences that could shape the outcome of your divorce.
Whether you’re navigating the fallout of an affair or grappling with decisions about finances, property, and custody, understanding how Rhode Island courts view adultery is crucial to protecting your interests.
This blog will break down everything you need to know about adultery and divorce in Rhode Island, including how it could influence key decisions like financial support and property division.
When you understand these details, you can face your divorce with clarity and confidence—and protect what’s rightfully yours.
What Is Adultery in Legal Terms for Rhode Island Divorce Cases?
In Rhode Island divorce cases, adultery is legally defined as voluntary sexual intercourse between a married person and someone who is not their spouse.
While this may seem uncomplicated, proving adultery in a legal context can be more involved than it appears. Rhode Island courts require clear and convincing evidence to establish that adultery occurred, which often involves a combination of direct and circumstantial evidence.
Legally, adultery is one of the fault-based grounds for divorce in Rhode Island, meaning it can be cited as a reason for seeking to end your marriage. However, the impact of adultery on your divorce isn’t always as straightforward as you might think.
You see, Rhode Island courts typically prioritize fairness over punishment. Said another way, judges often focus on equitable outcomes rather than assigning blame.
So, while adultery may influence certain aspects of your divorce—such as alimony, property division, or custody—it’s just one of many factors the court will consider. How much weight it carries will depend on your unique circumstances, including whether the affair directly impacted marital finances or the well-being of your children.
Adultery and Grounds for Divorce
In Rhode Island, adultery is one of the recognized fault-based grounds for divorce. This means you can file for divorce explicitly citing your spouse’s infidelity. However, Rhode Island also allows for no-fault divorces, where irreconcilable differences or living separately for at least three years are sufficient grounds to end the marriage.
So, how do you choose between a fault-based or no-fault divorce? It all depends on your specific situation and priorities.
A fault-based divorce requires proof of adultery and may lead to a more contentious process, but it could also influence outcomes like alimony or property division. On the other hand, a no-fault divorce can often be resolved more amicably and quickly, without the need to present evidence of wrongdoing.
Working with an experienced Rhode Island divorce attorney like Susan T. Perkins can help you weigh your options and determine the best path forward.
How Does Adultery Affect Alimony in Rhode Island?
Adultery can influence alimony decisions in Rhode Island, but its impact depends on the specifics of your case. While courts aim for fairness rather than punishment, they may consider adultery if it directly affected the financial dynamics of your marriage.
For example, if marital funds were spent on an affair—such as gifts, trips, or housing—the court could factor this into alimony calculations.
However, adultery alone doesn’t automatically disqualify a spouse from receiving or paying alimony. Judges look at broader factors like the length of your marriage, each spouse’s financial needs, and earning capacities.
How Does Adultery Influence Property Division in Rhode Island?
Rhode Island follows an equitable distribution model for property division, meaning your marital assets are divided fairly but not necessarily equally. Adultery may play a role if it involved the misuse of marital funds or assets.
Let’s say one spouse spent significant money on an affair. In that scenario, the court might consider this “marital waste” and adjust the division of property accordingly.
On its own, adultery doesn’t entitle one spouse to a larger share of your marital assets. Instead, the court evaluates the financial impact of the affair alongside other factors like each spouse’s economic contributions and future financial needs.
How Does Adultery Impact Child Custody and Support in Rhode Island?
In Rhode Island, the courts prioritize the “best interests of the child” when making custody and support decisions. Adultery typically doesn’t affect custody or visitation rights unless the affair directly harmed the child’s well-being.
For example, if the affair exposed the child to unsafe or inappropriate environments, the court might consider this in its custody ruling.
Child support, on the other hand, is determined by the Rhode Island Child Support Guidelines, which focus on your and your spouse’s income and your child’s needs—not marital fault.
While adultery can complicate emotions during custody disputes, it rarely has a direct impact on legal outcomes unless it demonstrably affects parenting abilities.
Acceptable Forms of Evidence to Prove Adultery
Proving adultery in a Rhode Island divorce requires clear and convincing evidence. This can mean both direct and circumstantial proof. Courts will examine the evidence carefully to determine whether adultery occurred.
Common forms of acceptable evidence include:
- Direct evidence – Photographs, videos, or eyewitness testimony of the affair
- Text messages and emails – Digital communications that explicitly confirm the adulterous relationship
- Financial records – Bank statements, credit card transactions, or receipts showing marital funds spent on the affair, such as hotel stays, gifts, or travel
- Social media posts – Public posts, comments, or photos that indicate a romantic or inappropriate relationship outside the marriage
- Private investigator reports – Findings from a licensed investigator documenting the affair
Circumstantial evidence, such as frequent meetings or overnight hotel stays, can also be considered. But you’ll likely need to supplement these details with more concrete proof.
Above all, Rhode Island courts don’t require eyewitness testimony to prove adultery, but the evidence presented must be persuasive and credible.
Adultery can bring a unique set of challenges to divorce proceedings, whether it’s proving the affair, defending against accusations, or understanding how it impacts decisions about alimony, property, or custody. Each case is unique, and the stakes are often high.
If you’re ready for personalized legal advice from an experienced RI divorce attorney, call the Law Offices of Susan T. Perkins today at 401-PERKINS.
With decades of experience and a deep understanding of Rhode Island divorce law, we’ll help you take control of your case and work toward the outcome you deserve.
