1) How long does it take to get a divorce in Rhode Island?

If all issues related to divorce, child support, child custody, equitable division of property, alimony, visitation, and other issues are resolved between the parties, the earliest possible date for a nominal divorce in Rhode Island (a nominal divorce is an uncontested divorce where everything is agreed upon) is approximately sixty-five to seventy days after the plaintiff files for divorce. If the matter is set uncontested, then the clerk will set an automatic court date, “the Nominal Divorce Hearing,” approximately sixty-five to seventy days after filing.

In the event that one of the parties does not want to proceed on the nominal date of the seventy-day divorce hearing or if all issues between the parties are not resolved, then the case will not proceed on the nominal date and will be set. for additional conferences and potentially the discovery process. The case may eventually culminate in a trial. Contested divorces are usually resolved in 6 to 10 months, but can take up to a year.

A divorce cannot become final until at least ninety days after the parties attend the nominal court hearing. In other words, the final decree of divorce in Rhode Island cannot enter until at least 90 days after the nominal divorce hearing. In the event that the parties do not go to court and resolve the matter on the nominal court date, the divorce could take up to a year or potentially longer. It is extremely rare for a divorce to take more than a year.

2) What does a “no fault” divorce mean in Rhode Island?

In some states it is necessary to prove fault to obtain a divorce. In Rhode Island, it is not necessary to prove fault to obtain an absolute divorce. All you need to do is prove irreconcilable differences in order to get a divorce. Irreconcilable differences can be anything from miscommunication, different goals and aspirations, affairs, domestic violence, arguments, heartbreak, or anything. In other words, if either party wants to end the marriage, then that party can get a divorce in Rhode Island as long as the other jurisdictional requirements in Rhode Island are met.

“No-fault divorce” does not mean that the fault is not significant! The fault may be extremely significant in Rhode Island. If one party can prove that the other party is at fault for the breakdown of the marriage, then they can claim a disproportionate share of the marital property. Fault can also be a factor in determining whether or not a party is entitled to child support. The following types of behavior could be grounds for more than fifty percent of marital property: alcoholism, drug addiction, domestic violence, extramarital affairs (cheating), abusive behavior, gambling, emotional abuse, sexual abuse, financial mismanagement, criminal activity , abandonment, etc.

3) What is the residency requirement to obtain a divorce in Rhode Island?

To file for divorce in Rhode Island, you must have been a domiciled and resident of Rhode Island for one year prior to filing for divorce. If you have not been a domiciled resident of Rhode Island for one year before filing for divorce, you may file based on her husband/wife’s residence in Rhode Island for one year prior to filing. It doesn’t matter if you change your residence or move out of town the next day, as long as you were a resident on the date the divorce was filed and for one year prior!

There are exceptions for people stationed in the military who maintain a residence in Rhode Island. Even if you move the day after filing, you still meet the Rhode Island residency requirements. If you do not qualify to file for divorce in Rhode Island, you should find an attorney in other states who may qualify to file for divorce. If you live in Rhode Island but do not meet the residency requirements to file for divorce, there are other types of actions, such as a separate child support lawsuit without filing for divorce, that you can file that would allow you to address the issues. regarding property rights and child custody and support.

3a) What are the residency requirements at nominal divorce hearings to obtain a divorce in Rhode Island?

-It is sufficient that both parties appear on the nominal court date and testify that at least one of the parties was a domiciled inhabitant and resident of Rhode Island for one year prior to filing for divorce. Family Court will generally waive the additional witness requirement if both husband and wife are in attendance on the nominal court date and testify that at least one party had the required residence as set forth above.

-If only one party attends the nominal court date, then you need one of the following to obtain a divorce in Rhode Island (a) two additional witnesses in court to testify as to the year of residence of the Petitioner or Respondent (b) one witness in court to testify as to the year of residence of the Claimant and an affidavit from a different witness attesting to the person’s residence. (The clerk of the Rhode Island Family Court can easily obtain this affidavit form.)

If you do not meet these requirements to prove your Rhode Island residency, your divorce case may be dismissed or you may be given additional time to obtain the necessary witnesses or affidavit.

4) In Rhode Island family law, does it make a difference who files for divorce first?

It should not matter which spouse files for divorce when the Family Court determines equitable division of property, child support, child custody, visitation, child custody, alimony, etc. However, in the event that a no contact order, restraining order, or emergency motion is needed or filed, which party files first can be extremely important! This is especially true if there is an emergency motion related to child custody and/or child visitation regarding a child.

Rhode Island Attorneys Legal Notice under the RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all attorneys in the general practice of law, but does not license or certify any attorney as an expert or specialist in any field of practice.