A Rhode Island divorce attorney with 27 years of experience representing clients in Providence Family Court authors this post about the “automatic orders in divorce cases.” Below you will find a copy of Rhode Island General law 15-5-14.1. This statute is entitled, “Automatic Orders in Divorce Cases.” This Rhode Island divorce statute codifies some of the rules of engagement, so to speak, in a divorce in RI.
The ‘spirit’ of the automatic court order
It is usually not a good idea to do anything in anticipation of divorce that violates the automatic court order. Deleterious and deliberate conduct such as removing a spouse from health insurance prior to the Plaintiff signing the complaint for divorce will usually backfire in Rhode Island Family court.
Also actions that do not technically violate the automatic restraining order but violate the spirit of the orders could be met with harsh consequences.
When do the automatic divorce court orders go into effect?
- This automatic court order goes into effect upon the Plaintiff signing the divorce complaint.
- It applies to the Defendant when the Defendant is served with a Rhode Island Divorce.
What are the consequences of violating the automatic court orders in Rhode Island Family Court?
- Attorneys fees and costs awarded to your spouse for his or her RI divorce lawyer’s representation.
- A finding of willful or technical contempt.
- Monetary sanctions
- An award of damages in favor of your spouse such as paying your spouse’s medical bills for cancelling health insurance
- Possibly, incarceration at the ACI from day to day until you purge yourself of the contempt.
- Other sanctions in equity.
§ 15-5-14.1 Automatic orders in divorce cases. – (a) Upon the filing of a complaint for divorce, divorce from bed and board, legal separation, annulment, custody or visitation by the plaintiff and upon service of the petition and summons of the defendant or upon waiver and acceptance of service by the parties, the automatic orders shall be effective with regard to the plaintiff upon the signing of the complaint and with regard to the defendant upon service. A copy of the automatic order shall be served with the summons and complaint.
(b) Neither party shall sell, transfer, encumber, conceal, assign, remove or in any way dispose of, without the consent of the other party in writing, or without an order of the court, any property, individually or jointly held by the parties, except in the usual course of business or for customary and usual household expenses or for reasonable attorneys’ fees in connection with this action. Nothing in this section shall be construed to create liability against or affect the validity of the title to real estate of any purchaser of real estate for value when the purchaser acts in good faith and without actual knowledge of the court’s order.
(c) Neither party shall incur any unreasonable debts including, but not limited to, further borrowing against any credit line secured by the family residence, further encumbrance of any assets, or unreasonably using credit cards or cash advances against credit or bank cards. Nothing in this section shall be construed to create liability against the creditor under the terms of the original agreement when the creditor acts in good faith and without actual knowledge of the court’s order.
(d) Neither party shall permanently remove the minor child or children from the state of Rhode Island without the written consent of the other party or an order of the court.
(e) Neither party shall cause the other party or the children of the marriage to be removed from any medical, hospital and/or dental insurance coverage, and each party shall maintain the existing medical, hospital, and dental insurance coverage in full force and effect.
(f) Neither party shall change the beneficiaries of any existing life insurance policies, and each party shall maintain the existing life insurance, automobile insurance, homeowner’s or renter’s insurance policies in full force and effect.
(g) If the parties are living together on the date of service of these orders, neither party may deny the other party use of the current primary residence of the parties, whether it be owned or rented property, without court order. This provision shall not apply if there is a prior, contradictory court order.
(h) If the parties share a child or children, a party vacating the family residence shall notify the other party or the other party’s attorney, in writing, within forty-eight (48) hours of such move, of an address where the relocated party can receive communication. This provision shall not apply if there is a prior, contradictory court order.
(i) If the parents of the children live apart during the dissolution proceeding, they shall assist their children in having contact with both parties, which is consistent with the habits of the family, personally, by telephone, and in writing unless there is a prior court order.
Rhode Island divorce attorney
If you are in need of an attorney for your divorce in RI, contact Rhode Island divorce lawyer, David Slepkow. David Slepkow is an experienced attorney with over 26 years experience in Providence Family Court. David was voted a best three lawyer in Rhode Island by the Projo reader’s choice poll.
Legal Notice per 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.