Rhode Island has some strange, anachronistic and outdated laws. Below you will find a small selection of odd and outmoded RI laws pertaining to domestic relations, family law and marriage. These RI laws should have been repealed ages ago.
RI Family laws- outdated, strange & unbelievable!
This post was authored by Rhode Island divorce attorney, David Slepkow.
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15-4-11 Agent for husband – Husband as agent
“The wife may act as agent or attorney of her husband, and the husband may act as the agent or attorney of his wife.”
Editor’s note: Believe it or not, this is still the law in Rhode Island! It is ridiculous. However, it has never been repealed by the Legislature. I could only imagine a husband representing his wife in a divorce. Is this an exception to the unauthorized practice of law statute? Seriously! Perhaps the Rhode Island Legislature should get to work on repealing this statute. Warning: Cite this statute in court at your own risk!
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15-4-1 Ownership of separate property
“The real estate, chattels real, and personal estate which are the property of any woman before marriage, or which may become the property of any woman after marriage, or which may be acquired by her own industry, including damages recovered in suits or proceedings for her benefit and compensation for her property taken for public use, and the proceeds of all such property, shall be and remain her sole and separate property free from control of her husband.” Editor’s Note: A Literal Interpretation of this statute seems to be in direct contravention to the Equitable Distribution Statute!
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15-3-9 Statement of objections to marriage
“If any person has any lawful objection to the marriage of any two (2) persons, he or she may state the objection in writing, under his or her hand, to the minister, elder, justice, or warden about to solemnize the marriage, at which time the minister, elder, justice, or warden shall proceed no further in the marriage until the lawful objection has been removed.” Editor’s note: RI General Law 15-3-9 This outdated, ridiculous and absurd Rhode Island marriage law has not been repealed yet! How could this play out? If someone submits an objection a wedding must be stopped until the lawful objection has been removed? What is a Lawful Objection? How does the objection become removed? Can someone ruin a wedding based on this wacky Rhode Island law. Who determines whether the objection should be removed? Who determines whether the objection will be removed? This could lead to the theater of the Absurd. Nonetheless, this is the LAW in Rhode Island
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.