RI Divorce Attorney, David Slepkow successfully appealed a divorce decision of the Rhode Island Family Court to the Rhode Island Supreme Court. In a 5-0 Decision, the RI Supreme Court vacated the Judgment of the Rhode Island Family Court. The Rhode Island Supreme Court ruled in favor of Rhode Island Divorce Lawyer, David Slepkow’s RI divorce Client. The Rhode Island Supreme Court Case is Rogers v. Rogers.
RI divorce attorney, David Slepkow wins at Rhode Island Supreme court
The Rhode Island Supreme Court ruled that a Plaintiff may obtain a divorce in Rhode Island and Providence Plantations even if the Plaintiff moves out of Rhode Island after filing for Divorce so long as the Plaintiff was a domiciled inhabitant and resident of RI for one year next prior to filing the complaint for divorce. A Plaintiff who moves out of Rhode Island and no longer resides in Rhode Island can get a divorce in Rhode Island even if the Defendant is also not a resident of Rhode Island.
Excerpts of the Rogers v Rogers Decision provided by a RI divorce attorney
“Upon learning that neither party resided in Rhode Island, it appears that the court, sua sponte, raised the issue that the Family Court no longer likely was vested with subject-matter jurisdiction. The trial justice disagreed, in a bench decision dismissed the divorce action for lack of subject-matter jurisdiction, finding that “neither party resides in Rhode Island”
“Section 15–5–12(a) plainly states that a divorce complaint will not be granted unless a plaintiff “has been a domiciled inhabitant of this state and has resided in this state for the period of one year next before the filing of the complaint * * � (Emphases added.) This language does not require that the party remain a domiciled inhabitant or resident of the state for the petition to be granted; rather, the statute refers to the domicile and residence of the plaintiff at the time the divorce complaint is filed.”
“the Family Court is not divested of subject-matter jurisdiction merely because the plaintiff has moved out of the state”
“To construe § 15–5–12(a) as requiring that a plaintiff who files a divorce complaint remain a “domiciled inhabitant” until the decree is entered would produce an unjust result that we decline to impose. See Brennan v. Kirby, 529 A.2d 633, 637 (R.I.1987) (a statute may not be construed in a way that would create an absurd result or defeat the underlying purpose of the enactment). Accordingly, we hold that once a complaint for divorce properly is filed in Family Court, the Family Court is not divested of subject-matter jurisdiction merely because the plaintiff has moved out of the state and changed his or her domicile.”
RI Family Attorney, David Slepkow concentrates in Rhode Island Divorce, child support, child custody, Paternity and Restraining orders. David Slepkow has been practicing law in Rhode Island since 1997. You can contact RI Lawyer David Slepkow.