If all issues concerning divorce, child support, equitable division of assets, alimony, visitation and other issues are resolved between the parties, the earliest possible date for a nominal divorce (a nominal divorce is a non-contested divorce in which everything is agreed to) is approximately seventy days after the plaintiff files a complaint for divorce. Aticle written by Rhode Island divorce lawyer, David Slepkow (401-437-1100)(http://www.slepkowlaw.com) If the matter is set down as uncontested, then an automatic court date, "the Nominal Divorce Hearing", will be set by the clerk approximately seventy days after filing.
In the event that one party does not want to go forward on that seventy day nominal divorce hearing date or if all issues are not resolved between the parties, then the case will not go forward on the nominal date and will be set for additional conferences and potentially the discovery process. The case may eventually culminate with a trial. Contested divorces typically resolve in 6 - 10 months.
The divorce cannot become finalized until, at a minimum, ninety days after the parties attend the nominal court hearing. In the event that the parties do not go to court and resolve the matter at the nominal court date, then the divorce could take up to one year or potentially more.
2) What does no fault divorce mean in Rhode Island?
In Rhode Island you do not need to prove fault grounds in order to obtain an absolute divorce. All you need to do is prove irreconcilable differences in order to get a divorce. In other words, if either party wants to terminate the marriage, then that party can get a divorce so long as the other jurisdictional requirements in Rhode Island are met.
"No fault divorce" does not mean that fault is not significant in Rhode Island divorces. If a party can prove that the other party is at fault for the break up of the marriage, then they can seek a disproportionate share of the marital assets. Fault can also be a factor to determine whether or not a party is entitled to alimony. The following types of behavior could be grounds to obtain more than fifty percent of the marital assets: alcoholism, drug addiction, domestic violence, extramarital affairs, abusive behavior, abandonment, etc.
3) What is the residency requirement to obtain a divorce in Rhode Island?
In order to file for divorce in Rhode Island you need to have been a domiciled inhabitant and resident of Rhode Island for one year prior to your filing of the complaint for divorce. If you have not been a domiciled inhabitant and resident of Rhode Island for one year prior to filing your complaint for divorce, you can file based on your husband's/wife's residency in Rhode Island for one year prior to the filing.
There are exceptions for people stationed in the military who maintain a residency in Rhode Island. Even if you move the day after filing, you still meet the residency requirements in Rhode Island. If you do not qualify to file for divorce in RI you should look for lawyers (attorneys) in other states that you might qualify to file a divorce. If you live in Rhode Island but dont meet the residency requirements to file for divorce, there are other types of actions such as a complaint for separate maintence without filing for divorce that you may be able to file which would allow you to deal with issues concerning proeprty rights and child custody and support issues.
4) Does it make a difference who files the divorce first?
It should make no difference which spouse files the divorce when the court determines equitable division of the assets, child support, visitation, alimony, etc. However, in the event that a no contact order, restraining order or emergency motion is needed or filed, which party files first can be extremely significant! This is especially true if there is an emergency motion concerning custody and/or visitation concerning a child.
David Slepkow (401-437-1100) is a Rhode Island divorce lawyer concentrating in family law, child support, custody and visitation. David has been practicing for over 9 years and is licensed in Rhode Island, Massachusetts and Federal Court. David is a partner at Slepkow Slepkow & Associates Inc. Slepkow Slepkow & Associates inc is celebrating its 75th anniversary this years. Please goto http://www.slepkowlaw.com or http://www.slepkowlaw,com/divorce.htm to contact David Slepkow or to obtain more information.
