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

Rhode Island disunion Law Faqs How Long Until It's Over? Residency Requirements & No Fault disunion 1) How long does it take to get a Rhode Island divorce?

If all issues with regard to divorce, child support, child custody, equitable agency of assets, alimony, visitation and other issues are resolved in the middle of the parties, the earliest possible date for a nominal divorce in Rhode Island (a nominal divorce is a uncontested divorce in which all is agreed to) is almost sixty five to seventy days after the plaintiff files a complaint for divorce. If the matter is set down as uncontested, then an automated court date, "the Nominal divorce Hearing", will be set by the clerk almost 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 in the middle of 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 ultimately 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 essential to prove fault grounds in order to obtain a divorce. In Rhode Island, it is not essential to prove fault grounds in order to obtain 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, dissimilar goals and aspirations, affairs, domestic violence, arguing, fell out of love or in fact anything. In other words, if either party wants to discontinue 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 essential 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 obtain 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 obtain 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 habitancy stationed in the forces who say 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 separate maintenance without filing for divorce that you may be able to file which would allow you to deal with issues with regard to asset possession and child custody and withhold issues. 3a) What are the residency requirements at the nominal divorce hearings in order to obtain 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 witness if both husband and wife attend the nominal court date and testify that at least one party had the essential residency as set forth above. -If only one party attends the nominal court date then you need one of the following in order to obtain 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 witness in court to testify to the one year residency of the Plaintiff and an affidavit from a dissimilar witness attesting to the person's residency. (This affidavit form can be in fact 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 obtain the essential witnesses or affidavit. 4) In Rhode Island family law, does it make a incompatibility who files the divorce first? It should make no incompatibility which spouse files the divorce when the family Court determines equitable agency 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 request for retrial is needed or filed, which party files first can be very significant! This is especially true if there is an crisis request for retrial with regard to child custody and/or child visitation with regard to a child. Rhode Island Attorneys legal consideration per Ri Rules of professional Responsibility: The Rhode Island consummate Court licenses all lawyers in the normal institution of law, but does not license or certify any lawyer as an expert or expert in any field of practice. Rhode Island disunion Law Faqs How Long Until It's Over? Residency Requirements & No Fault disunion