When you file a petition for divorce with the Rhode Island family court, you can either do so in person or electronically. If you choose to file your divorce paperwork electronically, you must register to use the court’s electronic filing system. Most couples not represented by attorneys still file their documents in paper format.
Full Answer
To file for an uncontested divorce, you must:
Uncontested Divorce Without Children – What are the Steps?
The uncontested divorce will be finalized in six weeks to 12 months' time. The processing time for an uncontested divorce depends on the area of your residence. The lawyer or the court clerk's office might be able to give you a better estimate of how long your uncontested divorce will take.
There is also an extra form, called the General Addendum, if you have a lot of parties in your case, or a lot of other cases that are connected to yours. There is a different RJI form for an uncontested divorce. Find the RJI forms you need. Fill out and sign the form. Make copies for yourself and all the parties.
How to File for Uncontested Divorce. In Rhode Island, if both spouses agree to simplified dissolution and they do not wish to contest any part of the proceedings, filing for an uncontested, no-fault divorce is an option. In order to file, you and your spouse must be in complete agreement with all major issues.
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.
You can call the clerk, go to the court in person, 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 about your finances and any children.
The court fees for filing the paperwork for a basic divorce in a Rhode Island court is $120.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.
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.
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.
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.
A divorce where both parties agree typically takes four to six months when using an online service.
In Rhode Island, a legal separation may be granted on the same grounds used in a divorce, which is no-fault, including 1) irreconcilable differences causing am irremediable breakdown in the marriage or 2) living separate and apart without cohabitation for three years.
Whether a couple is formally or informally separated, they are still married. That means that any extramarital relations or dating during this period could be considered adultery.
If the marriage was brief, typically anything under 10 years, the judge may be less inclined to award alimony, unless there are special circumstances warranting an award. Often, the longer the marriage, the more likely the need for alimony support.
While some states have made adultery illegal, California is not one of them. On its own, adultery or cheating by either spouse is not likely to affect a divorce in California.
A separation agreement is NOT a formal divorce. A separation agreement is a contract between spouses that lays out their agreement and terms of their separation. A fully completed separation agreement can serve as the basis for an uncontested divorce, and may be helpful in filling out the required divorce paperwork. Prior to signing any separation agreement (or any contract with your spouse), you should have an experienced attorney review the terms of the contract for you.
Unlike many states, Rhode Island does not have specific laws that govern a separate uncontested divorce process. Spouses seeking an uncontested divorce must file for a normal divorce. Once the court has received divorce paperwork, however, it will categorize the divorce proceedings as either contested or uncontested.
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 ...
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.
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 the case of an uncontested divorce, both parties agree to end their marriage and also agree on how the various issues related to the divorce such as property division and alimony will be resolved.
In the case of a nominal hearing, if your spouse and you agree on all the issues of the divorce or if your spouse does not file a response with the court or does not appear at the hearing, then this is the only hearing that will be held and the judge may issue a ruling.
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 you don’t reach an agreement regarding the various issues with your spouse, then the divorce case will go to trial. Both the spouses must then present their witnesses and evidence to support their case at the trial to the judge and then the judge will issue his/her decisions on all the disputed issues.
Even if you and your spouse agree to end your marriage, there may be some necessary negotiations about how to divide your property, how to share custody of your children, whether alimony will be provided, and whether child support will be provided. An experienced divorce attorney can:
Rhode Island does not have a special procedure for getting an uncontested divorce. Generally, you will need to file for divorce claiming irreconcilable differences, and you will need to explain to the court that both you and your spouse agree on the reason for the divorce and the specific terms of your divorce.
If you are considering a divorce you need to speak with an experienced Rhode Island divorce attorney as soon as possible. Please contact us online or call our Warwick office directly at 401.946.3200 to schedule your free consultation. We help divorce clients in Providence, Warwick and all areas of Rhode Island.
The Providence divorce attorney typically drafts the documents and the client sign them in front of him/her or another notary.
A Court date of approximately 65 days will be set by the Court. The Defendant must be served by the constable. If the Defendant lives out of state, he or she can be served by certified mail return receipt. All RI divorce forms can now be found online.
After the nominal Court date, a Decision Pending Entry and Final Judgment must be submitted to the Court and signed by the Judge. Without a final judgment signed by the judge and entered as an order of the Court, the divorce will not be final and you will remain married.
This hearing will typically be scheduled from 65-70 days after the Plaintiff files.
In an uncontested divorce, the husband and wife agree to all or substantially all of the issues between the parties including, if applicable, property division, child support, child custody, child visitation, alimony, automobile issues, real estate issues, debt issues etc. However, despite the agreements, there may still be details to iron out!
Pro-se is a Latin word which means a person represents themselves. Most Rhode Island divorce and family law attorneys have done these nominal hearing hundreds of times. It is a very bad idea for a person to represent himself or herself in a divorce!
A hearing is required under RI law! Pursuant to Rhode Island General Law a divorce cannot be resolved without a nominal hearing. At the nominal hearing certain testimony must be elicited in order for the divorce to be granted. In some circumstances, it is necessary to have witnesses to briefly testify to prove residency.
Pearsall's Answer: To get divorced in Rhode Island either you OR your spouse MUST be "a continuous resident AND domiciled inhabitant of the State of Rhode Island for the one year immediately before the date you file for divorce in Rhode Island. It is not about "addresses.".
An uncontested divorce is your chance to make the decisions and reach a resolution. Sure, get some professional guidance for your divorce regarding the law and the procedure. It's essential. Yet if you get nothing else from this article, realize the truth.
There is an uncontested divorce but there is nothing called a "fast track" divorce. Also, there is no divorce that you can get in 21 days.
Generally speaking to be a "continuous resident" you must continuously reside (i.e. live) in the State of Rhode Island for the one year period immediately before you file for divorce in this state.
You may only have one domicile . . . namely where you "really" or "primarily" live and do not intend to leave from at that particular time. So, you must be both a continuous resident and have your single domicile be within the State of Rhode Island during that year before you file for divorce.
Unless a lawyer who has been advised of all your circumstances advises you to wait because of your factual circumstances or to properly position yourself for the divorce (or other nonessential matter) then waiting does not help you. Waiting to file your case without a specific benefit to you does not make sense.
Most RI lawyers who handle a moderate amount of divorces will tell you something like this: "It's never a good idea to represent yourself in your own Rhode Island divorce matter.". But ALMOST isn't good enough for most people. It isn't good enough for me, and it shouldn't be good enough for you.
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.
What extra work is needed to divide a retirement account in a Rhode Island divorce? In order to split a retirement account, Individual Retirement Account (IRA), pension, 401k, 403b, defined benefit plan, defined contribution plan or stock options, the lawyer must prepare a qualified domestic restraining order otherwise known as a QDRO so that there are no tax implications for the parties.
A hearing is required under RI law! Pursuant to Rhode Island General Law a divorce cannot be resolved without a nominal hearing. At the nominal hearing certain testimony must be elicited in order for the divorce to be granted. In some circumstances, it is necessary to have witnesses to briefly testify to prove residency.
An uncontested divorce, sometimes called an amicable divorce, means that both parties in the divorce agree on all matters: terms (child/spousal support), distribution of assets, and custody. Nothing is being contested.
Now that you know uncontested divorces aren’t litigated, you may be wondering if you can handle it yourself. While you certainly can complete an uncontested divorce without the help of an attorney, it’s not advisable.
Since North Carolina does not require couples seeking a divorce to formally separate, you do not need to file a formal separation with the state. You do need to have been living separately with no intent to reconcile for at least one year, however. Once you have met that requirement, the procedure is as follows:
While divorce is never easy, we can help alleviate some of the stress. We’ve guided Raleigh couples through a divorce for over 20 years so whether you need guidance in drafting your agreement or completing the forms required by the state of North Carolina, the attorneys at Doyle Law Group are here.