Question: In Rhode Island, Is a spouse required to answer a Complaint and divorce summons within twenty (20) days?
Yes, because the RI divorce summons clearly states and Rhode Island Law states that if you do not answer the case within 20 days then you may be defaulted. If you are defaulted, your spouse will get everything he or she is requesting in the Divorce. A default means that you are not responding, and your husband or wife will get whatever they request. Not answering a divorce means that you are essentially signing a blank check and giving it to your spouse. (This blog post only Pertains to Rhode Island Divorce law)
NO, because your spouse cannot possibly default you within the twenty days making the 20-day deadline a charade. The deadline for answering the divorce case is the date of the Nominal Family Court hearing, the first Rhode Island Family Court date or the date of the motion for temporary orders.
Maybe, if you do not answer the case then the court is not aware that you are involved in the case. The Rhode Island Family Court does not have your address and phone number. If the Court hearing is rescheduled by the Court, then you will not be notified of the scheduling change. Also, if you husband or wife files an emergency motion or restraining order, you will not be notified of the Family Court motion.
BOTTOM LINE: You can’t go wrong answering a RI divorce summons within 20 days. Make sure you answer it within 20 days from the date of service of process of the Complaint.
Legal Notice per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.