| -- End Ad Box ---> | | | | If the defendant has not filed an answer, it is |
| This article explains the Rhode Island divorce process | | | | dangerous for the defendant to not appear in court |
| from pre- filing considerations through trial including | | | | at the nominal court date based on representations |
| Rhode Island divorce law strategy. | | | | made by the other party . |
| Finding a Rhode Island Divorce attorney/ lawyer | | | | I have seen numerous occasions when a souse has |
| The first step in obtaining a divorce from your | | | | assured the other party that it is not necessary to |
| spouse is finding a Rhode Island attorney who you | | | | appear in court and not necessary to file an answer |
| are comfortable with. Many attorneys give free initial | | | | and the defendant is defaulted and the other spouse |
| consultations while others charge for the first consult. | | | | gets 100 percent of the assets of the marriage. |
| I have always taken the position that the initial | | | | On the date of the nominal divorce hearing, at the |
| consultations will be free. | | | | call of the calendar, the case will be either ready |
| It is important to ask the proposed lawyer about his | | | | nominal or the parties will ask the judge to hold the |
| or her experience and qualifications to handle your | | | | case so they can try to resolve the remaining issues. |
| case. It is also crucial to determine the hourly charge | | | | If the parties cannot resolve the remaining issues |
| and the amount of any initial fee or retainer. Article | | | | they will inform the Court clerk or the judge that the |
| By David Slepkow (401-437-1100) | | | | case cannot be settled and the case track will be |
| Cost of Rhode Island Divorce | | | | changed to the contested divorce track. If the case |
| It is often impossible to determine how much a | | | | track is changed there will be no hearing that date |
| divorce will cost from beginning to end. However, it is | | | | and the court will inform the parties of the next |
| a good idea to get an educated estimation of the | | | | pretrial conference date. |
| eventual fee. This will never usually be more than a | | | | If the parties ask the clerk to hold the matter they |
| estimation because the cost of the divorce usually | | | | will usually get a substantial amount of time to |
| depends on several factors. Those factors could | | | | negotiate the remaining issues in the hallway. Upon |
| include how quickly a settlement is reached, the | | | | settling all the remaining family law issues which may |
| number of motions that each party will file, the | | | | include issues of property division, child support, child |
| amount / nature and complexity of assets to be | | | | custody, child visitation, alimony, contempt issues, |
| equitably divided, the amount of documents involved | | | | restraining order issues etc the clerk should be |
| in the case, the animosity of the parties to each | | | | informed that the case is now ready nominal. At that |
| other, the waiting time while you are in court and | | | | point the clerk and judge will put you back on the list |
| many other potential issues. | | | | of cases ready for the nominal hearing |
| The Golden Rule is that the longer it takes to reach a | | | | Pursuant to Rhode Island General Law a divorce |
| settlement the more the divorce will cost because | | | | cannot be resolved without a nominal divorce hearing. |
| the lawyers will spend a lot more time working on | | | | At the nominal divorce hearing certain testimony |
| the case. If there is no settlement and the case goes | | | | must be elicited in order for the divorce to be |
| to trial or the day of trial, the divorce could get very | | | | granted. In some circumstances, it is necessary to |
| expensive. If everything is agreed or nearly agreed | | | | have witnesses to briefly testify. If you don't have |
| to and the parties are relatively amicable then the | | | | the required witness your case could be delayed or |
| divorce should take a lot less time and therefore be | | | | even dismissed and you may waste your time |
| much less expensive. | | | | attending court. |
| Uncontested divorces in Rhode Island should be much | | | | For a detailed explanation of whether or not you |
| less expensive then contested divorces. However, | | | | must have witnesses to testify on your behalf and |
| there are many different types of uncontested | | | | the residency requirement for filing a Rhode island |
| divorces. There are uncontested divorces with no | | | | Divorce please go to my Ezine article ""Rhode Island |
| real assets and uncontested divorces with assets to | | | | Divorce Law FAQS How Long Until It's Over? |
| divide. If the divorce is uncontested and there are | | | | Residency Requirements & No Fault Divorce." |
| assets then the lawyer may need to prepare a | | | | EzineArticles 14 March 2007. 15 July 2007 . |
| property settlement agreement, deeds, qualified | | | | Most Rhode Island divorce and family law attorneys |
| domestic relation orders etc. Therefore, the cost of | | | | have done these nominal hearing hundreds of times. |
| an uncontested divorce could vary depending on the | | | | It is a very bad idea for a person to represent |
| circumstances. For example if a lawyer has to draft a | | | | himself or herself in a divorce! As the old adage goes |
| property settlement agreement , the lawyer will | | | | a person who represents themselves has a fool for a |
| devote more time to the case. | | | | lawyer. Since everything you have worked so hard |
| I believe that a fair price for an uncontested divorce | | | | for is on the line it is foolish to go through the Rhode |
| from soup to nuts in Rhode Island with no assets | | | | Island divorce process without Rhode Island divorce |
| and no property settlement agreement is about $800 | | | | and family law lawyer. |
| flat fee plus costs. The typical costs are a filing fee | | | | If the case was originally placed on the contested |
| of $100 and service of process fees of | | | | track calendar, then the clerk did not schedule any |
| approximately $40. | | | | automatic nominal court date. If the case later |
| Intake process and drafting Rhode Island divorce | | | | becomes settled then the parties can ask the clerk |
| Documents | | | | for permission to come on a particular date for the |
| After you have retained the lawyer there is typically | | | | nominal divorce hearing. Otherwise the parties can |
| an intake process in which the lawyer gets the basic | | | | wait for a motion date or the pretrial date to do the |
| information so that he or she can properly represent | | | | nominal divorce hearing. |
| you. The lawyer typically drafts the divorce | | | | Discovery in RI Divorce. How do I get information |
| documents and you sign them in front of him/her or | | | | about my Spouse? |
| another notary. These documents include a divorce | | | | After the divorce is filed the Plaintiff and or the |
| complaint, DR(6) financial statement, statement of | | | | defendant can at their option proceed with |
| children of the marriage, counseling statement, report | | | | "discovery". Discovery in general is the process by |
| of divorce, summons and automatic divorce order | | | | which the parties get information or admissions from |
| etc. It is important that the DR6 form otherwise | | | | the other party. Discovery is most important and |
| known as financial statement is accurately filled out. | | | | perhaps crucial in a case when a spouse is unaware |
| There are many important decisions that may need | | | | of the nature and extent of the marital property and |
| to be made before you file for divorce in Rhode | | | | estate. Discovery can be also useful to obtain |
| Island. Strategy is crucial in many instances! | | | | documents or other tangible evidence that is needed |
| Should I file a motion for temporary Orders in RI? | | | | for settlement or trial. |
| In some cases, the attorney will file a motion for | | | | The Rhode Island discovery process also can be |
| temporary orders when the divorce complaint is filed. | | | | used to obtain admissions of certain allegations. While |
| A motion for temporary orders should be filed if the | | | | it is unethical and perhaps immoral for a person to lie |
| husband or wife is in need of temporary resolution of | | | | about cheating or an affair to their spouse it is not |
| issues while the case is proceeding. These temporary | | | | illegal or criminal for a person to lie to their spouse |
| motions typically request temporary child support, | | | | about an affair. If a person lies under oath either in |
| payment / contribution to daycare , contribution to | | | | testimony or in a written document under oath they |
| medical bills, alimony, payment of household | | | | may be committing the crime of perjury. |
| expenses, payment of the mortgage, taxes and | | | | Also if a judge believes a party is lying under oath |
| insurance. | | | | there could be stiff sanctions and penalties including a |
| A motion for temporary orders can also address child | | | | referral to the attorney general for prosecution. |
| visitation and child custody issues related to the minor | | | | However, in reality, most incidents of lying in family |
| children as well as issues concerning exclusive use and | | | | court are not prosecuted as crimes. Many attorneys |
| possession of the marital home. The temporary | | | | use request for admissions or interrogatories to force |
| motion can also request temporary orders concerning: | | | | the other party to state under oath whether or not |
| restraining orders both financial and personal and a | | | | they had an affair and the extent and details |
| myriad of other temporary issues. The motion for | | | | concerning the extra-marital affair / cheating/ |
| temporary orders will typically be heard by the Court | | | | infidelity. |
| within 30-40 days of the filing of the complaint for | | | | There are several discover mechanisms that can be |
| divorce. | | | | used: interrogatories, request for production of |
| If no temporary orders enter then there is no legal | | | | documents, request for admissions, depositions, |
| obligation of a spouse to pay anything while the case | | | | subpoena duces tecum, subpoenas etc. |
| is proceeding until there is a decision by the judge or | | | | Interrogatories-what are they? are they worth the |
| the parties sign a property settlement Agreement. If | | | | time and effort? |
| there are no temporary orders, the financial issues, | | | | Interrogatories are written questions that a party |
| visitation and custody issues will be up to the parties | | | | may sends to the other party. Each side is allowed |
| to figure out while the case is proceeding without the | | | | up to 32 interrogatories. Interrogatories can be helpful |
| benefit of a court order. | | | | in obtaining lists of assets, allegations that will be |
| Should I file an emergency motion in A Rhode island | | | | made by your spouse or other useful information. |
| divorce? | | | | This information requested can run the gamut from |
| If there is an emergency in which irreparable harm will | | | | child support to marital infidelity and may include: child |
| be caused if the party has to wait for a court date, | | | | custody issues, child visitation, drug and alcohol abuse, |
| then an emergency motion should be filed with the | | | | gambling addiction, alimony, health insurance issues, |
| complaint. An emergency motion must either be | | | | real estate issues, estate planning and trust issues, |
| verified under oath or be accompanied by an | | | | personal injury claims, domestic violence / restraining |
| affidavit. The attorney will bring the emergency | | | | orders, criminal history, valuation of assets, mental |
| motion to the proper judge and ask for an ex parte | | | | health history and any Rhode Island family law issues. |
| order. Ex parte means that the other side is not | | | | Interrogatories must be answered in the time frame |
| present to object. The Rhode Island judge will only | | | | set by the Rhode island domestic Court Rules. |
| consider the affidavit and documentation before him. | | | | Interrogatories are usually partially written and also |
| If the judge signs the emergency order than it will be | | | | reviewed by your husband or wifes' lawyer. |
| served on your spouse by the constable along with | | | | Therefore, while a valuable tool there are some |
| the divorce complaint. | | | | limitations to the usefulness of the information |
| These types of emergency motion typically deal with | | | | received. |
| issues concerning abuse of a child, dissipation or | | | | Request for Admissions |
| unreasonable spending of marital assets, domestic | | | | Requests for admissions when used appropriately can |
| violence, child abuse or a plethora of other potential | | | | be a powerful discovery tool in a RI divorce. Request |
| emergencies. If there is domestic violence involved in | | | | for admissions are written requests usually prepared |
| which you are in imminent fear of physical harm or | | | | by the attorney, which the other party must reply |
| have been abused or threatened with abuse please | | | | within a short period of time. If the party does not |
| discuss with the attorney the benefits of filing a | | | | reply to the request for admissions within the |
| separate case called a Complaint Protection from | | | | applicable time the allegation will be deemed admitted. |
| Abuse! Please note that the Complaint Protection | | | | Should I take the Deposition of my spouse in a RI |
| from Abuse is very different from an Emergency | | | | Divorce? |
| motion. | | | | A Deposition is when a party usually through their |
| The timing of whether the divorce or Complaint | | | | lawyer can ask their spouse questions under oath in |
| Protection from Abuse case is filed first or whether | | | | front of a court reporter. In Rhode Island family |
| they are filed simultaneously could be crucial to your | | | | Court, a party must obtain leave of court / |
| case. | | | | permission from the court in order to take a |
| If an emergency motion is granted and emergency | | | | deposition. Motions to take deposition of the other |
| orders enter then a hearing will be set approximately | | | | party are almost always granted by Family Court |
| 20 days to determine if the order should stay in | | | | Judges. Depositions are powerful yet expensive |
| effect while the divorce case is proceeding. At that | | | | discovery tools. A deposition usually is effective |
| hearing your spouse has an opportunity to contest | | | | because the attorney can ask the other party |
| the motion and tell his or her side of the story. At | | | | questions face to face. The attorney can ask follow |
| that hearing, the Court will determine whether the | | | | up questions and can ask questions in different ways. |
| emergency relief will stay in effect while the divorce | | | | This is particularly effective if a party is being evasive |
| case proceeds. | | | | or less than forthcoming. There is very little the other |
| Nominal or Contested Track? | | | | attorney can do to help their clients answer the |
| When a Rhode Island divorce is filed, the case is put | | | | questions during a deposition. |
| onto one of two tracks, the contested track or the | | | | Depositions are very expensive because the Court |
| nominal track. The Plaintiff in their initial divorce filing | | | | reporters transcript could cost several hundred dollars. |
| designates the track they desire. The vast majority | | | | Also the attorney doing the deposition will need |
| of divorces filed in Rhode Island are placed on the | | | | perhaps several hours to prepare for the deposition. |
| nominal divorce track. A designation on the "nominal | | | | Also both attorneys will need to attend the |
| track" does not necessarily mean that the divorce will | | | | deposition, which could take up to several hours. |
| be uncontested. It usually means that the party who | | | | Depositions are usually better ways to get |
| filed believes that the case can be settled relatively | | | | information about sensitive topics then |
| quickly or wants the divorce to be settled relatively | | | | interrogatories. |
| quickly. | | | | Request for Production of Documents |
| Answer to Divorce Complaint | | | | Request for production of documents is a list of |
| The defendant must file an answer to the divorce | | | | requested documents that must be responded to |
| within 20 days of service and absolutely no later than | | | | within the applicable time period. I find this discovery |
| the nominal court date or any motion date. If the | | | | tool to be particularly successful in obtaining |
| Defendant does not answer the case he is subject | | | | documents and records concerning: pension plan |
| to being defaulted. A default is when the defendant | | | | documents, 401k records, retirement accounts, health |
| does not answer the case on a timely basis and the | | | | insurance records, stock accounts, estate planning |
| Plaintiff will usually get all of the relief that he or she | | | | documents, bank statements, real estate documents |
| requests. | | | | etc. |
| Nominal divorce | | | | Subpoena |
| If the case is put on the nominal track then the clerk | | | | A Subpoena Duces Tecum can be very effective in |
| will automatically set a nominal divorce hearing upon | | | | obtaining documents from third parties such as bank |
| the Plaintiff filing for divorce. This hearing will typically | | | | records, stock records, employment and wage |
| be scheduled from 65-70 days after the Plaintiff files. | | | | records and other documents. |
| In the event that the divorce is not settled by the | | | | The third part of this three part series which is |
| nominal divorce date then the case will automatically | | | | coming soon addresses preparing for a Divorce trial |
| be changed to the contested track | | | | to the actual divorce trial to the entry of Final |
| If the matter is not settled by the nominal court | | | | Judgment |
| date and both parties want to try to resolve the | | | | Trial |
| remaining issues in court and believe it is possible to | | | | If a case cannot be settled, the Court will send the |
| resolve the remaining issues, then the parties can | | | | parties a notice of a pretrial conference. At the |
| attempt to settle the case in the hallway or | | | | pretrial conference the Judge may make some effort |
| conference rooms in the courthouse and put the | | | | to help the parties settle the divorce. If the case is |
| case through as a nominal uncontested divorce on | | | | not settled then the judge will schedule the matter |
| that date. | | | | for a trial. |