How To File For Divorce In Rhode Island Without A Lawyer
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You can file for divorce in the state of Rhode Island as long as either your spouse or you have resided in the state for a minimum of at least 1 year before filing for divorce. In Rhode Island, a “separate and apart” divorce can be got if your spouse and you have been living apart from each other for 3 or more years.
You can either go in person, call, or use the Family Court's "Virtual Clerk Help Desk." The other option is to use an online divorce service that will provide and complete the proper forms, once you've filled out a questionnaire with information about your finances and children.
The cost to file your divorce in Rhode Island is $160. If you choose to file your paperwork electronically, you might be charged additional fees. If you can't afford to pay the filing fee, you can request that the court waive the fees.
In Rhode Island, an uncontested divorce may be granted in as little as 75 days—and some divorces may be granted even sooner if they qualify for expedited processing. However, wait times are often longer if the court imposes a waiting period, the parties cannot agree, or there are other complexities.
A mutual consented divorce is an easier and faster way you can get a divorce without a lawyer. For obtaining a divorce mutually, both the parties must agree that the divorce should take place, and decided on other relevant factors.
between $3,000 and $4,500An uncontested or nominal divorce may cost between $3,000 and $4,500. A contested divorce really has no limit because every case is different. Some cases have legal fees that exceed $100,000.
A divorce is filed by submitting to the family court clerk the following forms: a complaint, a DR6, two statements listing the children of the divorce, a family services counseling report form, a report of divorce, a copy of the marriage certificate, the summons, and the filing fee.
If you and your spouse have been living apart for 3 years or more, you can get a "separate and apart" divorce immediately. If you have not been apart for 3 years, the judge can grant a "nominal divorce" but you will need to complete the mandatory 3 month waiting period before your Rhode Island divorce becomes final.
Either spouse may file a petition seeking a legal separation. A judge may grant a legal separation on the same grounds as a divorce—fault or no-fault grounds. A legal separation doesn't preclude you from obtaining a divorce. In fact, in many cases, a legal separation is a step forward toward divorce.
The State of Rhode Island is not a 50/50, or community property, state. It is what's known as an equitable distribution state. So, when a Rhode Island court rules on the allocation of assets, they are not necessarily divided equally between the two parties.
An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.
Most state courts will automatically enter a divorce decree if the parties have been legally separated for a period of time, often one to two years, and meet the basic eligibility requirements.
No, mutual consent divorce petition cannot be filed online. You needs to appear twice before the Court of law for seeking a decree of divorce by way of mutual consent.
You can file for divorce in the state of Rhode Island as long as either your spouse or you have resided in the state for a minimum of at least 1 year before filing for divorce.
Fees: The fees to file for a divorce in Rhode Island is around $160 and can vary depending on the county where you’re filing for divorce. Lawyer Costs: If you are planning to hire a divorce lawyer, then the lawyer’s fees are around $10,400 and the cost of the divorce can range between $4,000 and $29,000. State Website: You can get the child support ...
The “fault-based” grounds for divorce in Rhode Island are: Adultery. Impotence. Drug addiction and/or alcoholism. Abandonment by spouse or spouse presumed to be dead. Willful desertion for 5 years (or for a lesser number of years as per the judge’s discretion) Inhuman or cruel treatment. Gross neglect. Bigamy.
In case your spouse does not attend the hearing, then you must bring along two witnesses who can attest that either your spouse/you or both of you meet the residency requirement of Rhode Island, that there have been “irreconcilable differences” in the marriage and that your spouse and you have/have not been living apart. If both parties appear in the court for the hearing, then only one witness is sufficient.
Contested Divorce (High Costs) If by the date of the nominal hearing, your spouse and you have been unable to agree on all the terms of the divorce, then your case will become a contested one and a date will be assigned for a status or case management conference.
If your spouse and you have not been apart for a period of 3 years, then you can get a “nominal divorce”; however, you will have to wait for 3 months before the divorce gets finalized.
Child support will continue until the child is 18 years of age and can continue until the secondary education of the child is completed.
Residency and Where to File. In order to file for divorce in Rhode Island, either you or your spouse must be domiciled in Rhode Island for at least 1 year. Your domicile is your primary residence. You may be a resident of more than one state, but may only have one domicile (where you have your driver’s license, car and voter registration, etc.).
Whether you live in Rhode Island or elsewhere, divorce for any married couple will accomplish two things: (1) severing the marital relationship, and (2) dividing assets and debts. If they have been married for a significant length of time and one of them will be unable to be self-supporting after the divorce, the issue of alimony may also arise.
Alimony in Rhode Island. Alimony is sometimes also referred to as support or maintenance in Rhode Island divorce law. The stated purpose of alimony is “to provide support for a spouse for a reasonable length of time to enable the recipient to become financially independent and self-sufficient.”.
You begin the divorce procedure by preparing a document called a Complaint for Divorce, along with various other supporting documents. For an uncontested divorce, one of these documents will be a marital settlement agreement outlining the division of assets, and your agreement regarding any children. These documents are filed with the court, and copies of them are provided to your spouse. You will attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Final Judgment of Divorce.
You begin the divorce procedure by preparing a document called a Complaint for Divorce, along with various other supporting documents. For an uncontested divorce, one of these documents will be a marital settlement agreement outlining the division of assets, and your agreement regarding any children.
Property Division. A divorce involves dividing property and debts between you and your spouse. Generally, each party will keep his or her nonmarital property, which is property acquired prior to marriage, or acquired at any time by gift (unless from the spouse) or by inheritance.
If you and your spouse can reach an agreement on custody, it will be accepted by the judge unless it is determined not to be in the child’s best interest . If you cannot reach a custody agreement, the judge will decide the issue, based upon what is determined to be in the best interests of the child. Unlike most states, the Rhode Island child custody law does not provide any specific factors that the judge must consider.
Rhode Island Legal Services has a detailed description of the divorce process. You can call Rhode Island Legal Services for more information (401) 274-2652. You may be entitled to free legal representation if you qualify.
The document needed to start the divorce is called the "Complaint.". The spouse who starts the divorce is the "plaintiff," and the other spouse is the "defendant.". The Rhode Island Judiciary Branch website has some limited online instructions and divorce forms.
"Service" refers to delivery of the divorce complaint and summons to the responding spouse. There are specific rules on how this is to be done. The plaintiff can accomplish service by using the county sheriff where the defendant lives or works. The sheriff will deliver the papers to the defendant and return proof that the defendant was served to the plaintiff. There is a fee for this service.
The plaintiff spouse completes the complaint form and a verification form and delivers them to the family court for the plaintiff's county. Do your best to fill out the paperwork completely and accurately. Any mistakes on your divorce paperwork could cause problems in your case or even delay your divorce.
Rhode Island has residency requirements for couples seeking a divorce. As long as either spouse has lived in Rhode Island for at least one year before the divorce is started, the divorce can be handled in this state. R.I. Gen Laws § 15-5-12 (2019).
If you receive a complaint for divorce, you should file a response, which is called an "Answer" to show that you want a say in how the case is resolved. If you and your spouse agree on all terms in the divorce, it's called an "Uncontested Divorce". If you don't agree with everything in the divorce, you can use the answer to correct any incorrect ...
If you don't agree with everything in the divorce, you can use the answer to correct any incorrect statements that appear in the complaint. You can also ask for a final result that's different from what your spouse requested. You can file a counterclaim if you want to list different reasons for the divorce.
One of the best ways to ensure your divorce goes smoothly is to gather the information you need and keep it organized as you work through the process.
Once your forms are complete, you will file them in person at the family court in your county. You’ll need to pay a filing fee of about $150, plus another fee to complete service of the paperwork on your spouse.
Call to talk to a highly experienced RI and MA divorce lawyer in our Pawtucket or Providence office: 401-728-6060 (toll-free at 800-851-1829). Your initial consultation is free.
If you and your spouse have been living apart for 3 years or more, you can get a "separate and apart" divorce immediately. If you have not been apart for 3 years, the judge can grant a "nominal divorce" but you will need to complete the mandatory 3 month waiting period before your Rhode Island divorce becomes final.
Nominal Divorce Hearing: If you and your spouse are in agreement, or if your spouse fails to file a response with the Court or to show up at the hearing, this is the only hearing you will attend. The judge can issue a ruling.
If you and your spouse have not been able to agree on ALL of the issues of your divorce by the date of the nominal hearing, your case will be moved to the "contested divorce" track and you will be assigned a date for a "case management" or "status" conference.
If you ask, a temporary hearing will be scheduled about 5 weeks from filing.
If you work together, or with your lawyers, to reach agreement on property division and child custody, the divorce process can be completed in as few as 75 days and at a very reasonable price.
If the parties do not reach agreement, the case will go to trial. Both parties will present evidence and witnesses to support their case and the judge will issue a decision.
Follow the simple step-by-step instructions on rhodeislandonlinedivorce.com to get your divorce papers prepared within a couple of days. All that the customer has to do is to answer a list of questions concerning the circumstances of the divorce case, and we will handle the rest.
According to the law, anyone can represent themselves in a divorce case without a lawyer. However, arranging the dissolution procedure without a lawyer can be tricky and time-consuming.
Rhode Island is a so-called “no-fault” state, meaning that you don’t have to prove your spouse guilty of anything to secure a divorce.
Rhode Island does not allow you and your spouse to file joint uncontested divorce papers.
You can draw up a divorce settlement agreement using several routes in Rhode Island, as follows:
Our Divorce Settlement Agreement product has been designed to take the hassle and expense out of drawing up a customized agreement. You can tailor-make the document to your specifications and avoid expensive lawyers and inadequate online services!
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