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Rhode Island Divorce Law

March 8, 2011 Divorce Law
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1) How long does it take to get a Rhode Island divorce?

If all issues concerning divorce, child support, child custody, equitable division of assets, alimony, visitation and other issues are resolved between the parties, the earliest possible date for a nominal divorce in Rhode Island (a nominal divorce is a uncontested divorce in which everything is agreed to) is approximately sixty five to seventy days after the plaintiff files a complaint for divorce. If the matter is set down as uncontested, then an automatic court date, “the Nominal Divorce Hearing”, will be set by the clerk approximately sixty five to 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 but may take up to a year.

A divorce cannot become final until, at a minimum, ninety days after the parties attend the nominal court hearing. In other words final judgment of divorce in Rhode Island cannot enter until at least 90 days after the nominal divorce 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. It is extremely rare for a divorce to take more then a year.

2) What does a “no fault” divorce mean in Rhode Island?

In some states it is necessary to prove fault grounds in order to obtain a divorce. In Rhode Island, it is not necessary 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. Irreconcilable differences can be anything from lack of communication, different goals and aspirations, affairs, domestic violence, arguing, fell out of love or actually anything. In other words, if either party wants to terminate the marriage, then that party can get a divorce in Rhode island so long as the other jurisdictional requirements in Rhode Island are met.

“No fault divorce” does not mean that fault is not significant! Fault can be extremely significant in Rhode Island. If a party can prove that the other party is at fault for the breakup 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 (cheating), abusive behavior, gambling, emotional abuse, sexual abuse, financial mismanagement, criminal activity, abandonment, etc.

3) What is the residency requirement to obtain a Rhode Island divorce?

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. It does not matter if you change your residency or move out of town the next day so long as you were a resident on the date of the divorce filing and for one year prior!

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 Rhode Island you should look for an attorney 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 maintenance without filing for divorce that you may be able to file which would allow you to deal with issues concerning property rights and child custody and support issues.

3a) What are the residency requirements at the nominal divorce hearings in order to obtain a Rhode Island divorce.

-It is sufficient, if both parties appear at the nominal court date and testify that at least one of the parties was a domiciled inhabitant and resident of Rhode Island for one year prior to the filing of the complaint for divorce. The Family Court will typically waive the requirement for additional witness if both husband and wife attend the nominal court date and testify that at least one party had the requisite residency as set forth above.

-If only one party attends the nominal court date then you need one of the following in order to obtain a divorce in Rhode Island (a) two additional witnesses in court to testify to the one year residency of the Plaintiff or Defendant (b) one witness in court to testify to the one year residency of the Plaintiff and an affidavit from a different witness attesting to the person’s residency. (This affidavit form can be easily obtained by the clerk of the Rhode Island Family Court.)

If you do not meet these requirements to prove residency in Rhode Island your divorce case may be dismissed or you may be given additional time to obtain the necessary witnesses or affidavit.

4) In Rhode Island family law, does it make a difference who files the divorce first?

It should make no difference which spouse files the divorce when the Family Court determines equitable division of the assets, child support, child custody, visitation, child custody, 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 child custody and/or child visitation concerning a child.

The History Of Divorce

March 8, 2011 Divorce Law
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The history of divorce is a long one. It has, as French philosopher Voltaire put it, likely been around since the advent of formalized marriage. While Voltaire may have referred to the susceptibility of marriage to collapse even in a loving union, divorce also applies to the legal dissolution that has resulted from disagreements amongst couples over the years in the Western world.

Legal divorce began as early as the sixteenth century in Europe as a firm rejection by Protestant leaders against Catholic institutions, such as marriage. And while the Protestants supported the legal proceedings of divorce and claimed that Catholic divorce-equivalents, such as annulments that were primarily used to break off bigamous relationships, were easy to obtain, very few married couple ever filed for divorce or annulments. Soon after, however, the granting of divorce began emerging from secular sources of power in Switzerland and later the U.K. The cases for divorce during this time were based on some fault of the defendant, though the guidelines were described in religious terms, such as from the Bible.

In America, the fault-based process of divorce remained mostly intact when the colonists arrived. A complete divorce-while necessary to prevent the moral complications of separated-but-married status-was possible, but very hard to get. As the 13 colonies became the 50 United States, the grounds for divorce had to be concrete, which enabled the ostensibly innocent or injured party to get relief in the form of the actual divorce. The reasons included desertion, adultery, regular inebriation and impotence, as well as the classic cruel and abusive treatment. While it was in the interest of the state to sustain marriages, the plaintiff had to come up with solid reasoning even when both parties wanted the divorce. It essentially had to be presented as a fight or fault-based case.

Around the mid-1950s in the U.S. several court rulings and state laws clearly recognized the many instances of no-fault reasons to end marriages. These included long-term separation, instances of incompatibility and loss of sanity. In practical terms, though, no-fault legislation was hard to use to actually provide a divorce for couples. It seemed that attorneys and judges were still driven by social mores that established the finality of marriage. Couples seeking divorce and their lawyers still had to fabricate their cases in a way that applied to established grounds most of the time. Ironically, as more people became married more than once in their lifetime and divorce was seen as less morally compromised, judges and attorneys had to sustain the fault-based divorce system to expedite the divorces easily.

Many states had many different reasons for divorce, from clear-cut adultery to major physical abuse. Some, however, were limited to just a few finite grounds, as in such East Coast states as Massachusetts, New York, Pennsylvania, Maryland and others. For this reason, many couples seeking divorces would travel to other states, typically out West to a divorce refuge like Nevada or California, to gain their divorce. Many of these places, it must be added, made for easy and virtually instant marriages, too, like Las Vegas. When the divorce became legal, the couple would return to their original state to proceed with their now separate lives as usual. The trends were recognized by legislators, however, in states like New York, whereby a couple could travel to Mexico, live there just 24 hours and legally file for a divorce that would be recognized back in New York. They also recognized that those who had no means to leave the country for their divorces needed their rights protected, as well.

Yet it wasn’t until the 1970s that the U.S. instituted no-fault divorces that were easily obtainable. The U.S. took the cue from the U.K., which spearheaded divorce reform legislature. Judges in the U.K. could simply issue a divorce decree when a couple’s marriage was clearly irreparably damaged. California soon recognized the success of this approach and enacted its own law soon after. Laws like the Uniform Marriage and Divorce Act soon spread across the country.

This method of divorce has been criticized by those who see that attorneys and judges may drag their feet because the grounds are so simple and open-ended, thus causing major family, employment and financial disruption amongst all of the parties involved. It has also been said that this kind of simple divorce has broken important bonds, and will continue to compromise the institution of the family.

In the contemporary U.S., the rate of divorce peaked in the 1980s almost one half of all marriages ending in dissolution. Many now say that it is not so much the laws granting easy divorce that have enabled so many to break apart their formal relationships, but several other reasons, such as increased women’s earning power, greater acceptance of divorce and-most prominently-the desire for “the pursuit of happiness,” in this case the ability to find a better spouse.

Typically, in the course of a divorce, an ex-husband will pay his ex-wife alimony for a discrete length of time. There are some states, however, that permit the reversal of that arrangement if the woman is the major breadwinner. If the couple has any children, custody can go to either or both parents, with visitation and custody settled between the parties as part of the divorce agreement.

Ultimately, divorce may be a necessary event for some to make the remainder of their lives reasonable and happy for all involved. When divorce becomes a possibility in your life, it is always best to enlist the aid of an attorney versed in comprehensive family and divorce law.

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divorce for Law enforcement, In the contemporary U S the rate of divorce peaked in the 1980s almost one half of all marriages ending in dissolution

Choosing San Diego divorce Law firms

March 8, 2011 Divorce Law
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Getting a divorce in San Diego is not simple. Oftentimes, it becomes complex because of the many legal conflicts that may arise along the way. If you want to file for a divorce in San Diego, one of the most essential steps to take is to choose a divorce law firm that has a good reputation and provides quality legal services. There are several other pointers that you should take into consideration to be able choose the best divorce law firm in San Diego.

Because you will need to visit the divorce law firm frequently, you do not want to be hassled by traveling a long time just get to the office. Look for divorce law firms that are not too far from where you live. You can search for a list of divorce law firms in San Diego in the directory and research the ones nearest to your area. You must take advantage of the free consultation they offer to obtain further information about the divorce law firms.

Choose divorce law firms that specialize in family law to ensure that the law firm representing you with enough knowledge and experience relevant to your case. You must be given an idea how the divorce law firm will manage your case, the number of hours they will have lawyers working on your case, and the possible results that could take place. Oftentimes, you can get answers to some of your concerns by talking to other long-standing clients as references that the divorce law firm may provide.

You need to know how the divorce law firm charges their clients and the cost of their legal services per hour. In general, a divorce law firm that has many divorce attorneys will bill a set fee for the various legal services they provide. Typically, an hourly rate is used to compute services such as including consultation, case work, and other related procedures. Beyond the hourly rate, there may be other fees if other activities are needed such as materials, and court appearances. In order to determine if a divorce law firm is charging exceedingly is to compare the hourly rate of divorce law firms that are providing services for similar cases in San Diego.

Essentially, a small law firm can efficiently serve you unless your legal needs are particularly multifaceted in nature. You may only deal with one lawyer or legal assistant if a divorce law firm is small. One disadvantage of this is that you have no choice but to wait if ever they are called away on an emergency. In a larger law firm, if the primary lawyer who handles your case is not available to deal with an urgent matter, you can be ensured that there will be competent backup legal professionals to assist you with your needs.

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