Divorce from Bed and Board in Rhode Island: Legal Separation Explained
A 'Divorce from Bed and Board' in Rhode Island functions as a formal legal separation. It allows couples to separate their finances and live apart while remaining legally married. The filing process starts at your local Family Court and generally requires a $160 filing fee.
When a marriage is struggling, absolute divorce is not always the only or the best answer. In Rhode Island, the law provides a unique alternative known as a 'Divorce from Bed and Board.' While other states simply call this a legal separation, Rhode Island retains this historical terminology. This legal action allows you and your spouse to formally separate your lives, divide property, and establish child custody and support without officially terminating the marriage.
Many residents in Providence, Cranston, and Pawtucket choose this route for a variety of personal, financial, and religious reasons. Whether you need time to decide if the marriage can be saved or you want to maintain specific marital benefits, understanding this process is crucial. In this guide, we will explore why couples choose a Divorce from Bed and Board, how the legal process works, and how a family lawyer from our directory can help you protect your rights.
Why Choose a Divorce from Bed and Board?
Under R.I. Gen. Laws § 15-5-9, the court may grant a Divorce from Bed and Board for any of the same reasons an absolute divorce is granted. However, the outcomes regarding your legal status are distinctly different. Here is why couples opt for this path.
Keeping Health Insurance Benefits
One of the most common reasons couples pursue a Divorce from Bed and Board is to maintain health insurance coverage. Once an absolute divorce is finalized, a spouse is typically removed from the other spouse's employer-sponsored health plan. Because a Divorce from Bed and Board means you remain legally married, the dependent spouse can often stay on the primary earner's health insurance. This is especially vital for spouses with pre-existing conditions or those who rely on expensive medical treatments.
Religious Objections to Divorce
For couples with strong religious convictions, an absolute divorce may conflict with their faith. A Divorce from Bed and Board allows these couples to live completely separate lives, protect their individual finances from a reckless spouse, and secure court-ordered child support, all without violating their religious beliefs regarding the sanctity of marriage.
Tax Filing Status During Separation
Because you are still legally married under a Divorce from Bed and Board, your tax situation remains different from that of a divorced person. Depending on the specifics of your separation agreement, you might still have the option to file your federal and state taxes jointly, which can sometimes provide significant tax advantages. However, it is highly recommended to consult with a financial advisor or tax attorney to understand the specific implications for your family.
How to Convert it to an Absolute Divorce Later
Sometimes, a separation confirms that the marriage is truly over. If you obtain a Divorce from Bed and Board and later decide you want to dissolve the marriage entirely, you do not have to start from scratch. You can petition the court to convert the legal separation into an absolute divorce. This typically involves filing a motion with the court, such as the Providence/Bristol County Family Court, Providence, asking the judge to enter a final judgment of divorce.
The Legal Process in Rhode Island
Filing for this type of separation looks very similar to a standard divorce. You will begin by filing Form FC-56, Rhode Island, Family Court, Complaint for Divorce or Divorce From Bed and Board. Unlike an absolute divorce, which requires a strict one-year residency under state law, you can file for a Divorce from Bed and Board simply by being a domiciled inhabitant of Rhode Island at the time of filing. The court has the power to issue temporary orders for child support, alimony, and restraining orders just as they would in a traditional divorce case.
How Much Does it Cost in Rhode Island?
The costs mirror those of an absolute divorce:
- Court Filing Fees: Expect to pay around $160 to file your initial complaint at a Rhode Island Family Court.
- Service Fees: Having a constable serve the paperwork to your spouse costs about $45 to $75.
- Attorney Fees: Drafting a comprehensive separation agreement that covers property, debts, and custody is a complex legal task. Family lawyers generally charge between $250 and $450 per hour.
How Long Does the Process Take?
If you and your spouse agree on all terms (finances, custody, support), a Divorce from Bed and Board can often be finalized in 3 to 5 months. If the case is heavily contested and requires extensive court hearings or a trial, the process can easily stretch to 9 or 12 months.
Frequently Asked Questions (FAQ)
Can I get married to someone else if I have a Divorce from Bed and Board?
No. You are still legally married to your spouse. You cannot remarry unless you convert the separation into an absolute divorce.
Do we have to live in separate houses?
Generally, the purpose of this action is for spouses to live apart. However, depending on financial constraints, courts sometimes permit spouses to live in separate areas of the same home under strict rules.
Is a separation agreement legally binding?
Yes. Once approved by the judge and entered as a court order, a separation agreement is a legally binding contract. Violating it can result in being held in contempt of court.
Does Rhode Island require a 1-year residency for this?
No. Unlike absolute divorce, you do not need to wait a full year as a resident to file for a Divorce from Bed and Board in Rhode Island.
Where can I find a lawyer for a legal separation?
You can browse our US Lawyers directory to find an experienced family law attorney in Rhode Island who can help you draft a separation agreement.
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