In RI Divorce, the Final Judgment of Divorce may not be entered until after three months from the nominal divorce trial. If the divorce culminates with a contested divorce trial and a decision rendered by an Associate Justice of the RI Family Court then the parties must wait for three months after the Judges’ decision.
The husband & wife remain legally married during the 3 month period until Final Judgment actually enters
Final Judgment enters when the judge signs the final judgment and the clerk enters it. BE VERY CAREFUL! Final Judgment of divorce does not automatically enter in Rhode Island! The litigants remain Legally married until Final Judgment. Final Judgment also cannot enter if there are motions pending before the Court.
- 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.”
Can the three-month waiting period be shortened?
No. the three-month waiting period is required by Rhode Island Law. It cannot be shortened. However, there is one exception to this rule. A RI divorce granted by the RI Family Court based on the grounds of living separate and apart for a space of 3 years has a significantly shorter waiting period.
Why is there a 3-month waiting period in Rhode Island?
The RI Legislature intended this to be a ‘cooling off’ period in which the parties could change their mind reconcile and remain married. This is not surprising in a heavily Catholic state. However, the rule appears to be antiquated.
§ 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.
Citation
“The study suggests that both cohabitations and marriages tend to last longer under certain conditions, such as: a woman’s age at the time cohabitation or marriage began; whether she was raised throughout childhood in an intact 2-parent family; whether religion plays an important role in her life; and whether she had a higher family income or lived in a community with high median family income, low male unemployment, and low poverty. The report also shows that marriages that end do not always end in divorce; many end in separation and do not go through the divorce process. Separated white women are much more likely (91 percent) to divorce after 3 years, compared with separated Hispanic women (77 percent) and separated black women (67 percent). Meanwhile, the probability of remarriage among divorced women was 54 percent in 5 years–58 percent for white women, 44 percent for Hispanic women, and 32 percent for black women. However, there was also a strong probability that 2nd marriages will end in separation or divorce (23 percent after 5 years and 39 percent after 10 years).” http://www.cdc.gov/nchs/pressroom/02news/div_mar_cohab.htm For Release: July 24, 2002 Contact: NCHS/CDC Public Affairs, (301) 458-4800 E-mail: paoquery@cdc.gov Cohabitation, Marriage, Divorce, and Remarriage in the United States. Series Report 23, Number 22. 103pp. (PHS) 98-1998.