Rhode Island separation Law Faqs How Long Until It's Over? Residency Requirements & No Fault separation

Attorney General Child Support Interactive - Rhode Island separation Law Faqs How Long Until It's Over? Residency Requirements & No Fault separation

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

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If all issues regarding divorce, child support, child custody, equitable division of assets, alimony, visitation and other issues are resolved between the parties, the earliest inherent date for a nominal divorce in Rhode Island (a nominal divorce is a uncontested divorce in which all things is agreed to) is roughly sixty five to seventy days after the plaintiff files a complaint for divorce. If the matter is set down as uncontested, then an automatic court date, "the Nominal divorce Hearing", will be set by the clerk roughly sixty five to seventy days after filing.

In the event that one party does not want to go forward on that seventy day nominal divorce hearing date or if all issues are not resolved between the parties, then the case will not go forward on the nominal date and will be set for further conferences and potentially the discovery process. The case may finally culminate with a trial. Contested divorces typically conclude in 6 - 10 months but may take up to a year.

A divorce cannot become final until, at a minimum, ninety days after the parties attend the nominal court hearing. In other words final judgment 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 conclude the matter at the nominal court date, then the divorce could take up to one year or potentially more. It is very rare for a divorce to take more then a year.

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

In some states it is vital to prove fault grounds in order to accumulate a divorce. In Rhode Island, it is not vital to prove fault grounds in order to accumulate an absolute divorce. All you need to do is prove irreconcilable differences in order to get a divorce. Irreconcilable differences can be anyone from lack of communication, different goals and aspirations, affairs, domestic violence, arguing, fell out of love or undoubtedly anything. In other words, if either party wants to conclude the marriage, then that party can get a divorce in Rhode island so long as the other jurisdictional requirements in Rhode Island are met.

"No fault divorce" does not mean that fault is not significant! Fault can be very vital in Rhode Island. If a party can prove that the other party is at fault for the breakup of the marriage, then they can seek a disproportionate share of the marital assets. Fault can also be a factor to conclude either or not a party is entitled to alimony.The following types of behavior could be grounds to accumulate more than fifty percent of the marital assets: 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 accumulate a Rhode Island divorce?

In order to file for divorce in Rhode Island you need to have been a domiciled inhabitant and resident of Rhode Island for one year prior to your filing of the complaint for divorce. If you have not been a domiciled inhabitant and resident of Rhode Island for one year prior to filing your complaint for divorce, you can file based on your husband's / wife's residency in Rhode Island for one year prior to the filing. It does not matter if you convert your residency or move out of town the next day so long as you were a resident on the date of the divorce filing and for one year prior!

There are exceptions for people stationed in the forces who contend a residency in Rhode Island. Even if you move the day after filing, you still meet the residency requirements in Rhode Island. If you do not qualify to file for divorce in Rhode Island you should look for an attorney in other states that you might qualify to file a divorce. If you live in Rhode Island, but dont meet the residency requirements to file for divorce, there are other types of actions such as a complaint for cut off maintenance without filing for divorce that you may be able to file which would allow you to deal with issues regarding asset possession and child custody and sustain issues.

3a) What are the residency requirements at the nominal divorce hearings in order to accumulate a Rhode Island divorce.

-It is sufficient, if both parties appear at 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 the filing of the complaint for divorce. The family Court will typically waive the requirement for further contemplate if both husband and wife attend the nominal court date and testify that at least one party had the vital residency as set forth above.

-If only one party attends the nominal court date then you need one of the following in order to accumulate a divorce in Rhode Island (a) two further witnesses in court to testify to the one year residency of the Plaintiff or Defendant (b) one contemplate in court to testify to the one year residency of the Plaintiff and an affidavit from a different contemplate attesting to the person's residency. (This affidavit form can be undoubtedly obtained by the clerk of the Rhode Island family Court.)

If you do not meet these requirements to prove residency in Rhode Island your divorce case may be dismissed or you may be given further time to accumulate the vital witnesses or affidavit.

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

It should make no contrast which spouse files the divorce when the family Court determines equitable division of the assets, child support, child custody, visitation, child custody, alimony, etc. However, in the event that a no contact order, restraining order or crisis petition is needed or filed, which party files first can be very significant! This is especially true if there is an crisis petition regarding child custody and/or child visitation regarding a child.

Rhode Island Attorneys legal observation per Ri Rules of pro Responsibility:

The Rhode Island consummate Court licenses all lawyers in the normal convention of law, but does not license or warrant any lawyer as an specialist or specialist in any field of practice.

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