RI Divorce Law Questions

RI Divorce Law: A Question & Amswer Guide for the Rest of Us

Disclaimer: This onging series is for informational and educational purposes only. It is not intended as‚ or a substitute for‚ qualified legal advice from a Licensed Attorney.

Introduction: In an effort to help people considering‚ or presently involved in a Rhode Island Divorce better understand the complex maze of divorce laws and the baffling “legalese” language the “Statutes”‚ or Laws are written in we offer for your benefit our RI Divorce Law Q & A Guide for the Rest of Us.

An ongoing series‚ we’ll first post a common Divorce question and then display a link to the actual Law‚ or Statute from The State of Rhode Island General Laws — Title 15: Domestic Relations which cover Divorce and Family Law issues‚ and in turn RI Family Law Attorney Jeanne M. LaPianna‚ Esq. has graciously offered to provide a plain English interpretation for your benefit.

Q: How long do I need to live in Rhode Island to file for Divorce here?

A: Title 15: Chapter 15–5: Divorce and Separation

§ 15–5–12: Domicile and Residence Requirements

Our Attorney’s View: “The person filing‚ known as the ‘Plaintiff’‚ must be a resident of the State of Rhode Island for at least one year prior to filing the complaint for divorce. The Plaintiff’s spouse‚ known as the ‘Defendant’‚ does not neccessarily have to be a resident of the state of Rhode Island at the time of filing.”

Q: How Long Does It Take To Get A Divorce in R.I.?

A: Title: 15: Chapter 15–5: Divorce and Separation

§ 15–5–14: Return Day of Petitions – Notice – Issuance of Process – Time of Hearing
§ 15–5–23 Remarriage – Final decree
§ 15–5–18 Interlocutory Decrees and Injunctions

Our Attorney's View: “Upon filing for divorce if the case is expected to be uncontested (also known as a ‘Nominal Divorce’)‚ the case will be scheduled for a hearing on the merits‚ and a date will be set approximately 77 days from the date of filing. If the case is unable to procede on the Nominal hearing date because the parties are not in agreement as to the terms and conditions‚ the court will set the case down for a case management conference approximately 4 weeks later. After the Nominal hearing an ‘Interlocutory Order’ (decision pending final judgement or temporary order) should be filed with the court within 30 days.

Realistically speaking‚ your divorce should take approximately six months from the start to finish provided you both agree on the terms.”

Q: We’re Not Sure About a Divorce Yet‚ Can We Get A Legal Separation?

A: Title: 15: Chapter 15–5: Divorce and Separation

§ 15–5–3: Separation of Parties as Grounds For Disolution — Appeal
§ 15–5–16.2 Child Support
§ 15–5–10 Disposal of Certain Real Estate After Filing of Complaint
§ 15–5–14.1 Automatic Orders in Divorce Cases

Our Attorney's View: “A Legal Separation (also known as Divorce From Bed and Board) is an alternative to Divorce when there has been a breakdown in the marriage but for Religious or other personal reasons both parties wish to remain legally married. A Legal Separation judgment will address the parties’ rights and obligations (support‚ custody‚ visitation‚ property rights and obligations) similar to that which occur in an ordinary Divorce proceeding. The primary difference is that the parties can not remarry and the parties may preserve certain entitlements (inheritance rights‚ pension rights‚ tax benefits and health insurance benefits) that are not available to divorced spouses.”

Q: What is the Difference Between ‘Joint’ Child Custody and ‘Sole’ Child Custody?

A: Title: 15: Chapter 15–5: Divorce and Separation

§ 15–5–16 Alimony and Counsel fees — Custody of Children
§ 15–5–24.4 Sibling Visitation Rights

Our Attorney's View: “Legal Custody means having the right and obligation to participate in activities and decisions affecting the child’s life (Schooling‚ Religious upbringing‚ Medical Care decisions‚ Recreational activities‚ etc.). When both parents share Joint Legal Custody‚ both parties must consult and participate in all significant decisions concerning the welfare of the child/children.

If the circumstances make it impossible for the parents to communicate as to important matters that concern the child/children or one parent is considered unfit (Alcohol or Drug Abuse, Child Abuse or Neglect) then the Court may award one parent Sole Legal Custody of the minor child/children.”

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We will be updating our RI Divorce Law question and answer guide every week or two. Please stop back as we will be adding more questions and answers soon… If you have a specific question you’d like answered‚ drop us a note and we'll include it on the site. Please keep your question specific and brief.

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