A Rhode Island divorce attorney answers several important divorce questions concerning family law. If you are in need of legal assistance, please contact a divorce lawyer in RI or a Providence child custody attorney.
Can the three month waiting period be shortened after the nominal date?
No. Pursuant to RI law, the waiting time is required and mandated. A Final Judgment of Divorce cannot be granted by a Rhode Island Family Court Judge until three months and one day after the nominal divorce hearing. This is a statutory requirement.
The only exception to this rule is for divorce complaints granted based on the grounds of living separate and apart for a space of over 3 years. Separate and apart divorces in RI have a substantially lesser waiting period. There is only a 20 day waiting period AFTER the decision pending enters for a living separate and apart divorce.
Why do I have to wait 90 days for my divorce to be official?
The legislature implemented the rule to give parties the opportunity to reconcile. I have seen a few reconciliations, during the cooling off period, during my 25 year career as a Rhode Island divorce lawyer.
Can I get a divorce if I do not meet the RI divorce residency rules?
No. However, there are other options such as: a complaint for separate maintenance, a divorce from bed and board or a miscellaneous petition for custody, placement or child support. Please consult with a Providence Family Court attorney concerning these options
What is a Divorce from Bed and Board and Future Cohabitation?
A Bed and Board divorce is a relic of the past. It remains the law in RI. It was implemented because of the heavily catholic influence in this state. The primary reason for a divorce from bed and board is for religious reasons. It is something that should almost never be filed. In this type of case, the parties go through the entire divorce, but they remain legally married and do not obtain an absolute divorce. There are some other reasons for filing this type of case. Please consult with a Rhode Island divorce lawyer before filing this type of divorce. A Providence divorce attorney can help you preserve your legal rights.
Why would anyone ever get a divorce from bed and board in Rhode Island?
That’s an excellent question. The prime rationale for this type of cause of action would be religious reasons.
What is the statutory interest for child support arrears?
12 percent. There is a myth around the state that twelve percent interest was implemented because lawyers are bad at math and it is easy to figure out since it is 1 percent per month!
Will the State Of Rhode Island waive statutory interest owed to RI for child support or cash medical Contributions?
No. The state of Rhode Island will not consider waiving interest on past due child support until all arrears are paid. The State of RI, Child Support enforcement will only waive interest owed for child support or cash medical contributions after the principal amount has been paid in full.
Can I get a divorce just by signing papers without a nominal hearing?
No. A Nominal Hearing is required to obtain a divorce in RI. You cannot get a divorce merely by signing papers.
Do mothers in Rhode Island automatically get custody of a younger child in Family Court?
No. Rhode Island uses the best interest of the child standard in determining custody of all children. Practical Tip: A mother who is a fit and proper person has a significant advantage in obtaining custody of a young child in RI Family Court.