How long until a divorce in Rhode Island is over and final judgment of Divorce enters?
If husband and wife resolve all pertinent disputes and issues related to custody of children, visitation, asset division, debt, alimony and other issues, the nominal divorce hearing is normally scheduled approximately 65 days after Plaintiff files in Providence Family Court. (a “nominal” is a perfunctory hearing in which agreements are testified on the record in front of A RI Family court judge or Magistrate.)
If the RI divorce is designated by the Plaintiff as uncontested, than an automatic court hearing, ‘Nominal’, will be scheduled by the Court clerk approximately sixty five after the filing. If the case is answered in a timely manner, the case will only go forward at the nominal if everything is agreed to. The divorce cause of action in RI may eventually culminate with a contested trial on the merits. However, divorce trials are rare in RI Family Court. Contested divorces in Providence Family Court typically resolve in 6 – 10 months but may take up to a year or even longer in some circumstances.
An absolute divorce in Rhode Island and Providence Plantations pursuant to RI law cannot culminate with a final judgment of divorce until three months after the nominal court hearing.
What does “no fault” mean in RI?
In certain states and countries it is required to prove fault grounds to obtain a marital dissolution from a spouse. In RI, it is not required to prove fault to get divorced. A litigant must prove irreconcilable differences that lead to the irremediable breakdown in the marriage in order to get a divorce. Irreconcilable differences in Rhode Island include poor communication, different goals and aspirations, affairs, domestic abuse, fell out of love or anything.
If husband or wife desires to end the union, then that spouse can obtain a divorce in RI if he or she is able to prove that the Court has jurisdiction to hear the cause of action. No fault in RI, does not mean that fault is not important! Fault can be extremely significant in RI. If a husband or wife can establish by a preponderance of the evidence that other party is at fault for the breakup of the marriage, then they can go after more than 50 percent of the marital estate. Fault is not usually relevant to determine whether a spouse is entitled to alimony / spousal support in Rhode Island.
There are dozens of different deleterious behaviors that could result in a disproportionate division of the marital assets. These include: alcoholism, drug addiction, domestic assault, extramarital affairs (cheating), abusive behavior, gambling, emotional abuse, sexual abuse, financial mismanagement, criminal activity, abandonment, etc.
Is there a residency requirement to get divorced in RI
A litigant may not file for divorce in RI unless he or she has been a domiciled inhabitant and resident of Rhode Island for one year next prior to your filing the complaint for divorce.
If you are active duty in the military, are there exceptions to the residency requirement in Providence Family Court?
Pursuant to RI Family law, there are different rules for people stationed in the military who previously resided in Rhode Island.
If I don’t meet the residency requirements can I still seek relief from the Providence or Kent County Family Court?
If you are currently living in RI, but cannot satisfy the RI divorce residency requirements to file for an absolute divorce, there are other options such as a complaint for separate maintenance without filing for divorce or a divorce from bed and board and future cohabitation. These causes of action may permit you to litigate property rights, temporary alimony, child custody and support issues among other issues.
In RI divorce and family law, is there a legal advantage to filing for divorce first?
It is usually irrelevant legally, who files for divorce first. However, if the Plaintiff files for a restraining order or an ex-parte emergency motion, which party files first is very important! This is especially true if there is an emergency motion related to child custody or visitation.
Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.