how to file for divorce in ri without a lawyer

by Jarvis Howell 5 min read

How To File For Divorce In Rhode Island Without A Lawyer

  1. Sign up on our website
  2. Fill out a basic questionnaire. You will need to provide some personal details so that we could pick up the required documents for your personal divorce case
  3. Get all your papers right to your email

Full Answer

What is the cheapest way to get a divorce?

What Is the Cheapest Way to Get a Divorce?

  • File the divorce online. ...
  • Uncontested divorce. ...
  • Indigent. ...
  • No-fault divorce. ...
  • Prenuptial agreement. ...
  • No-fault uncontested divorce. ...
  • Meditated divorce: It may all sound easy to settle everything, right from finances to the custody of the child/children while getting divorced, but it’s not.

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How to get a quick divorce?

To get a quickie divorce consider:

  • Filing in another state with a shorter waiting or “cooling off" period than in your home state
  • Filing in another state with a shorter time to establish residency than in your home state
  • Filing in another state if your state requires a year or more of separation
  • Having an attorney prepare the final divorce papers for you

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How long do you have to refile for divorce?

Here is the process of dismissing a divorce petition in some jurisdictions:

  • The plaintiff prepares a dismissal motion. Both the parties sign this motion. ...
  • The plaintiff prepares a dismissal order. The content should be the same as the motion. ...
  • The order and motion are filed with the clerk, where the original petition was filed.
  • Wait for the court to return the order. ...
  • Be present at the hearing if required. ...

What are the divorce laws in Ri?

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.

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Can I file for divorce without a lawyer in RI?

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.

How much does it cost to file for divorce in RI?

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.

How long does an uncontested divorce take in RI?

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.

Can I give divorce without a lawyer?

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.

How much does a uncontested divorce cost in Rhode Island?

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.

Where do I get divorce papers in RI?

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.

Does Rhode Island require separation before divorce?

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.

How do you get legally separated in RI?

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.

Is Rhode Island a 50/50 divorce state?

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.

Can I divorce without going to court?

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.

How long do you have to be separated before divorce is automatic?

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.

Can divorce be filed online?

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.

How long do you have to live in Rhode Island to file for divorce?

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.

How much does it cost to get divorced in Rhode Island?

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 ...

What are the reasons for divorce in Rhode Island?

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.

How many witnesses are needed for a divorce in Rhode Island?

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.

What is contested divorce?

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.

How long do you have to wait to get divorced?

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.

How long does child support last in Rhode Island?

Child support will continue until the child is 18 years of age and can continue until the secondary education of the child is completed.

How long do you have to be a resident of Rhode Island to file for divorce?

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.).

What happens if you divorce a married couple in Rhode Island?

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.

What is alimony in Rhode Island?

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.”.

How to get divorced without children?

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.

What is the process of filing a complaint for 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.

What is property division in divorce?

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.

What happens if you can't agree to custody in Rhode Island?

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.

How to contact Rhode Island divorce lawyer?

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.

What is the document needed to start a divorce in Rhode Island?

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.

What is service in divorce?

"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.

What is the process of a divorce complaint?

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.

How long does a divorce take in Rhode Island?

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).

What is an answer to a complaint for divorce?

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 ...

What to do if you don't agree with everything in a divorce?

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.

What Information Should I Gather to Prep for Divorce in Rhode Island?

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.

How Do I File My Forms?

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.

How to contact a divorce lawyer in Rhode Island?

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.

How long do you have to be apart to get divorce in Rhode Island?

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.

What is a nominal divorce hearing?

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.

What happens if you don't agree on all issues of divorce?

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.

How long does it take to get a temporary court order?

If you ask, a temporary hearing will be scheduled about 5 weeks from filing.

How long does it take to get divorced?

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.

What happens if the parties do not reach agreement?

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.

Get Your Divorce Forms Completed Online

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.

Online Divorce Without a Lawyer in Rhode Island

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.

What Are the Rhode Island Divorce Laws?

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.

How To Go About Filing for Divorce in RI

Rhode Island does not allow you and your spouse to file joint uncontested divorce papers.

How Can You Draw Up a Settlement Agreement in RI?

You can draw up a divorce settlement agreement using several routes in Rhode Island, as follows:

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