Persons considering ending their marriage through the divorce process may also consider marriage counseling, legal separation (in states that recognize such a status), annulment (in limited circumstances), and living apart. Each of these alternatives may have financial and other consequences.
In Rhode Island, individuals contemplating divorce have several alternatives to consider. Marriage counseling is often sought as a means to potentially reconcile differences before proceeding with a divorce. Legal separation, while not formally recognized as a distinct legal status in Rhode Island, can be achieved through a process known as 'divorce from bed and board,' which addresses issues such as property division and spousal support without terminating the marriage. Annulment is another option but is only available under specific circumstances, such as cases of fraud, bigamy, impotence, or if one party was underage or lacked the mental capacity to consent to the marriage. Living apart is also an option for couples who may not be ready to legally alter their marital status but wish to establish separate residences. Each of these alternatives can have significant financial implications, such as the division of assets, tax consequences, and eligibility for spousal support. It is important for individuals to consult with an attorney to understand the legal and financial consequences of each option in the context of Rhode Island law.