A Rhode Island divorce attorney, answers some important questions concerning divorce law in Rhode Island. These RI divorce FAQS should be very informative to litigants going through the divorce process.
Why is there a three-month waiting period in RI family law?
Final judgment of divorce cannot enter until 3 months and 1 day after the parties attend the nominal Court hearing. 15-5-23 Remarriage – Final decree. –” (a) No judgment for a divorce shall become final and operative until three (3) months after the trial and decision.”
The intent of the law in Rhode Island is to preserve marriages, if possible, by allowing time for the parties to reconcile and ‘cool off’ during the 3 months and decide to remain married. This 3 month waiting period cannot be shortened or waived by the parties or their divorce lawyers.
Is a court hearing required or can I just sign papers to get a divorce?
In order to obtain a divorce in Rhode Island, a divorce hearing in open court called a “nominal trial” is required. The legal mandate for a nominal trial in RI is RI law 15-5-22.
A “nominal” is a short perfunctory hearing in which all agreements and all necessary elements that need to be established to obtain a divorce are put on the record. Both parties are required to testify unless one party is defaulted.
If there is a property settlement agreement, the family court justice makes certain findings and approves the marital settlement agreement. This is an oversimplification of what occurs at a nominal divorce. It is a wise idea to consult with a Rhode Island divorce attorney about your marriage dissolution proceeding. A divorce lawyer will make sure that everything goes smoothly in your divorce and that your legal rights are protected.
- 15-5-22 Trial required – Collusion. No divorce from the bond of marriage shall be granted solely upon default nor solely upon admissions by the pleadings, except upon trial before the court in open session; nor shall the divorce be granted where the court is satisfied that there has been any collusion or corrupt conduct by the parties, or either of them, in regard to the proceedings to obtain the divorce.
Is there any way to shorten the three-month waiting period after the nominal divorce hearing?
The 3 month waiting period is mandated by Rhode Island Law. A Final Judgment of Divorce cannot be granted by a family court Judge until 3 months and 1 day after the nominal divorce hearing. There is one exception to this rule. Divorce complaints granted based on the grounds of living separate and apart for a space of 3 years, have a substantially lesser waiting period.
- 15-5-23 Final judgment – Remarriage. (a) No judgment for a divorce shall become final and operative until three (3) months after the trial and decision. Final decree from the bond of marriage may be entered ex parte and in chambers on the suggestion of the prevailing party at any time within one hundred eighty (180) days next after the expiration of three (3) months from the date of decision. After the expiration of the one hundred eighty (180) days, final decrees may be entered only in open court and on motion or upon written consent of the attorneys or parties. Notice of the filing of the motion shall not be required in cases in which the original complaint is unanswered. (b) After entry of the final judgment for a divorce from the bond of marriage, either party may marry again.
I am in a hurry to dissolve my marriage, do I have wait until the nominal divorce hearing which is typically 65 – 70 days after filing?
The RI legislature changed the law in Rhode Island and there is no longer a mandatory 60 day waiting period before the nominal divorce hearing. However, in cases designated on the “nominal track”, the clerk of the Rhode Island Family Court typically schedules the nominal 65-70 days after the filing of the complaint for divorce.
One commonly used tactic to get a divorce resolved quicker is to file a motion for temporary orders. The motion for temporary orders will typically generate an expedited Court date.
Can I file for an absolute divorce if we do not satisfy the one year residency requirement?
No. Until either party satisfies the one-year residency requirement, the only option is a divorce from bed and board, complaint for separate maintenance or a miscellaneous petition for custody, placement or child support.
Do mothers automatically get custody of young children?
No. Providence Family Court and the other Counties such as Kent County Family Court use the best interest of the child standard in determining custody of a child. 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.
What is the required child support arrears interest in Rhode Island?
Twelve (12) percent
What is a Divorce from Bed and Board and Future Cohabitation?
It is something that should almost never be filed. In this type of case, the parties go through the entire divorce process, but they remain legally married and do not obtain an absolute divorce. This is an outdated law that originated because RI is a heavily catholic state.
Why would a husband or wife select a divorce from Bed and Board in Rhode Island?
That’s a very good question. The prime rationale for this would be religious reasons or perhaps health insurance reasons.
Will the State of RI Child Support Enforcement waive interest owed to the State for child support or cash medical contributions?
The State of Rhode Island will only consider waive the amount of interest owed to Rhode Island for child support or cash medical contributions after the principal amount has been paid in full.
Can I get a divorce in Rhode Island by signing papers?
No. A nominal hearing / trial is required by statute to obtain a divorce in Rhode Island
Is it illegal for an employer to help employee evade service of process?
Rhode Island General Law Section 15-5-16.2.2 makes it illegal for an employer to impede, evade or obstruct Family Court service of process on the employee concerning child support or alimony. The employer may designate a “specific” area where the RI Family Court Service of process can be effectuated.
It is illegal for the employer to fire or dismiss the employee because he was served with child support or alimony process at work. I wonder why this law does not include specifically service of process of divorce, paternity and child custody cases?
§ 15-5-16.2.2 Service of court papers at work. – No employer in this state is permitted to refuse or obstruct the service of family court process relating to child or spousal support upon an employee at the place of employment and the service shall not be grounds for dismissal of the employee. The employer may designate an area where the service may be effected.
What is a consent order and is it binding?
A consent order is a fully enforceable order that is consented to by the parties and approved by a judicial officer. It is not only an order, it is a fully enforceable contract as well. Consent orders are often utilized in the course of a divorce to resolve visitation, temporary asset issues, custody and child support issues “Although a consent order receives a court’s imprimatur, it is in essence a contract and therefore must be construed as a contract Now Courier, LLC v. Better Carrier Corp., 965 A.2d 429, 435 (R.I.2009) (quoting Trahan v. Trahan, 455 A.2d 1307, 1310 (R.I. 1983). D’alessandro v Caniglia, 252 A.3d 263 (2021). “The parties were free to contract to whatever terms they wished in the consent order—provided the Family Court gave its imprimatur—and the Family Court had jurisdiction to enter and enforce the consent order.” D’Alessandro v. Caniglia, 252 A.3d 263 (2021).
“A consent order ‘is in essence a contract’ and therefore must be construed as a contract using the rules of construction – 7 – applicable thereto.’” Now Courier, LLC v. Better Carrier Corp., 965 A.2d 429, 435 (R.I. 2009) (quoting Trahan v. Trahan, 455 A.2d 1307, 1310 (R.I. 1983)). Accordingly, the parol evidence rule bars the admission “of any previous or contemporaneous oral statements that attempt to modify” a consent order that represents a final and complete expression of the parties’ agreement. National Refrigeration, Inc. v. Standen Contracting, Company, Inc., 942 A.2d 968, 972 (R.I. 2008); see Filippi v. Filippi, 818 A.2d 608, 619 (R.I. 2003). D’alesando v. Caniglia, 252 A.3d 263 (2021).
David is an experienced RI Family law and child custody lawyer with 28 plus years of experience in Providence Family Court.
