A Rhode Island divorce lawyer, with 20 years of RI Family Court experience, answers many important questions about divorce law in RI. These are answers about RI family law that are not readily available on the internet
Can I file a Rhode Island divorce if I have not been a domiciled inhabitant and Resident of Rhode Island for 1 year?
No. Until either the Plaintiff or the Defendant meets the one-year residency requirement, the only option constitute: Divorce from Bed and Board, complaint for Separate Maintenance, or a Miscellaneous Petition for Custody, Placement or Child Support. Please contact Family Lawyer, David Slepkow 401-437-1100 concerning these options.
Is it possible to shorten the 90-day waiting period after the “nominal” Rhode Island divorce hearing?
No. the 90-day waiting period is mandated by RI Law. A Final Judgment of Divorce cannot be granted by a Rhode Island Family Court Judge until the 91st day after the nominal Divorce hearing. There is one exception to this rule. A Rhode Island divorce granted by the Rhode Island Family Court based on the grounds of living separate and apart for a space of 3 years has a substantially shorter waiting period.
What is the purpose of the 90-day waiting period set forth in Rhode Island Divorce law?
The Rhode Island Legislature instituted this Law because Husband and Wife may reconcile during the Ninety day waiting period.
I am in a rush to get a divorce, pursuant to Rhode Island Divorce law do I have wait until the nominal divorce hearing which is now typically 60 days after filing?
No. The 60 -day waiting period has been repealed!
What is a Divorce from Bed and Board and Future Cohabitation according to Rhode Island divorce law?
It is something that should almost never be filed. This type of case is extremely rare in Rhode Island Family Court. In this type of case, the parties go though the entire Rhode Island divorce process but in the end the parties remain legally married and do not obtain an absolute divorce.
Why would anyone ever get a Divorce from Bed and Board in Rhode Island?
That’s a great question. The prime rationale for this would be religious reasons.
What is the statutory Interest for Child Support Arrears in Rhode Island?
12 percent. There is an urban myth that the 12 percent was instituted because lawyers were bad with math and 1 percent per month is easier to calculate.
Will the State Of Rhode Island waive statutory interest owed to the state of Rhode Island for Child support or Cash medical Contributions?
The State of Rhode Island Child Support Enforcement will only consider waiving the amount of interest owed to Rhode Island for child support or cash medical contributions after all principal RI child support has been paid in full.
Can I get a Rhode Island divorce just by signing papers without attending Court?
No. In RI, there can be no divorce granted without a nominal hearing.
Do mothers automatically get custody of young children in a Rhode Island Custody case?
No. Rhode Island uses the best interest of the child standard in determining custody of all children. In the real world, mothers do have an advantage when young children are concerned.
Practical Tip: A mother who is a fit and proper person has a significant advantage in obtaining custody of a young child in Rhode Island Family Court.