| This article by Rhode island Divorce aLwyer David | | | | On the date of the nominal divorce hearing, at the |
| Slepkow (401-437-1100) explains the Rhode Island | | | | call of the calendar, the case will be either ready |
| (RI) divorce process from pre- filing considerations | | | | nominal or the parties will ask the judge to hold the |
| through trial including Rhode Island Divorce law | | | | case so they can try to resolve the remaining issues. |
| strategy. | | | | If the parties cannot resolve the remaining issues |
| <b>Finding a Rhode Island Divorce Attorney / | | | | they will inform the Court clerk or the judge that the |
| Lawyer<b> | | | | case cannot be settled and the case track will be |
| The first step in obtaining a divorce is finding a Rhode | | | | changed to the contested divorce track. If the case |
| Island Divorce Lawyer who you are comfortable with. | | | | track is changed there will be no hearing that date |
| Some attorneys charge for the first consult. Many | | | | and the court may inform the parties of the next |
| attorneys give free initial consultations. I have always | | | | pretrial conference date. |
| taken the position that the initial consult should be | | | | If the parties ask the clerk to hold the matter they |
| free. | | | | will usually get a substantial amount of time to |
| It is important to ask the proposed lawyer about his | | | | negotiate the remaining issues in the hallway. Upon |
| or her experience to handle your case. It important | | | | settling all the remaining family law issues which may |
| to determine the hourly charge and the amount of | | | | include issues of property division, child support, child |
| any retainer or fee. | | | | custody, child visitation, alimony, contempt issues, |
| <b>Cost of Rhode Island Divorce<b> | | | | restraining order issues etc the clerk should be |
| It is usually difficult to determine how much a Rhode | | | | informed that the case is now ready nominal. At that |
| Island Divorce will cost . However, it is a good idea to | | | | point the clerk and judge will put you back on the list |
| get an estimation of the potential fee. This will never | | | | of cases ready for the nominal hearing |
| usually be more than a estimation because the cost | | | | Pursuant to Rhode Island General Law a divorce |
| of the divorce usually depends on many factors. | | | | cannot be resolved without a nominal divorce hearing. |
| Important factors could include how quickly a | | | | At the nominal divorce hearing certain testimony |
| settlement is reached, the number of motions, the | | | | must be elicited in order for the divorce to be |
| amount / nature and complexity of assets to be | | | | granted. In some circumstances, it is necessary to |
| equitably divided, the amount of documents involved, | | | | have witnesses to briefly testify. If you don't have |
| the animosity of the parties to each other, the | | | | the required witness your case could be delayed or |
| waiting time while you are in court and many other | | | | even dismissed and you may waste your time |
| potential issues. | | | | attending court. |
| The longer it takes to reach a settlement, the more | | | | For a detailed explanation of whether or not you |
| the divorce will cost. The lawyers will spend a lot | | | | must have witnesses to testify on your behalf and |
| more time working on the case if it is contentious. If | | | | the residency requirement for filing a Rhode island |
| there is no settlement and the case goes to trial or | | | | Divorce please go to my Ezine article ""Rhode Island |
| the day of trial, the divorce could get extremely | | | | Divorce Law FAQS How Long Until It's Over? |
| expensive. If everything is agreed or nearly agreed | | | | Residency Requirements & No Fault Divorce." |
| to and the parties are amicable then the divorce | | | | Most Rhode Island divorce and family law attorneys |
| should take a lot less time and therefore be less | | | | have done these nominal hearing hundreds of times. |
| expensive. | | | | It is a bad idea for a person to represent himself or |
| Uncontested divorces in Rhode Island should be much | | | | herself in a RI divorce! As the old adage goes a |
| less expensive then contested divorces. However, | | | | person who represents themselves has a fool for a |
| there are many different types of uncontested | | | | lawyer. Since everything you have worked so hard |
| divorces. There are uncontested divorces with no | | | | for is on the line it is foolish to go through the Rhode |
| real assets and uncontested divorces with assets to | | | | Island divorce process without Rhode Island divorce |
| divide. If the divorce is uncontested and there are | | | | and family law lawyer. |
| assets then the lawyer may need to prepare a | | | | If the case was originally placed on the contested |
| deeds, property settlement agreement, qualified | | | | track calendar, then the clerk did not schedule any |
| domestic relation orders etc. Therefore, the cost of | | | | automatic nominal court date. If the case later |
| an uncontested divorce could vary depending on the | | | | becomes settled then the parties can ask the clerk |
| circumstances. For example if a lawyer has to draft a | | | | for permission to come on a particular date for the |
| property settlement agreement , the lawyer will | | | | nominal divorce hearing. Otherwise the parties can |
| devote more time to the case. | | | | wait for a motion date or the pretrial date to do the |
| I believe that a fair price for an uncontested divorce | | | | nominal divorce hearing. |
| from soup to nuts in Rhode Island with no assets | | | | <b>Discovery in RI Divorce. How do I get |
| and no property settlement agreement is about $900 | | | | information about my Spouse?<b> |
| flat fee plus costs. The typical costs are a filing fee | | | | Discovery is a mechanism by which the parties get |
| of $100 and service of process fees of | | | | information or admissions from their spouse. Parties |
| approximately $45. | | | | can at their option proceed with "discovery". |
| <b>Intake process and drafting RI Divorce | | | | Discovery is most important and perhaps crucial in a |
| Documents<b> | | | | case when a spouse is unaware of the extent of the |
| After you have retained the lawyer, there is an | | | | marital assets and estate. Discovery can be a useful |
| intake process in which the lawyer gets the basic | | | | to obtain documents or other tangible evidence that |
| information so that he or she can properly represent | | | | is needed for settlement or trial. RI discovery can |
| you. The lawyer typically drafts the divorce | | | | also can be used to obtain admissions of certain |
| documents and you sign them in front of him/her or | | | | allegations. |
| another notary. These documents include a divorce | | | | While it is immoral for a person to lie about cheating |
| complaint, DR(6) financial statement, statement of | | | | or an affair to their spouse. It is not illegal or criminal |
| children of the marriage, counseling statement, report | | | | for a person to lie to their spouse about an affair. If |
| of divorce, summons and automatic divorce order | | | | a person lies under oath either in testimony or in a |
| etc. It is important that the DR6 form otherwise | | | | written document under oath they may be |
| known as financial statement is accurately filled out. | | | | committing perjury. |
| There are many important decisions that may need | | | | If a Family Court judge believes a party is lying under |
| to be made before you file for divorce in Rhode | | | | oath there could be sanctions. This may include a |
| Island. Strategy is crucial in many instances! | | | | referral to the attorney general for prosecution. In |
| <b>Should I file a motion for temporary Orders | | | | reality, most incidents of lying in family court are not |
| in RI?<b> | | | | prosecuted. |
| In some cases, the attorney will file a motion for | | | | Many attorneys use interrogatories or request for |
| temporary orders when the divorce complaint is filed. | | | | admissions to force the other party to state under |
| A motion for temporary orders should be filed if the | | | | oath whether or not they had an affair and the |
| husband or wife is in need of temporary resolution of | | | | extent and details concerning the extra-marital affair |
| issues while the case is proceeding. These temporary | | | | infidelity/ cheating.There are several discover tools |
| motions typically request temporary child support, | | | | that can be used: request for production of |
| payment / contribution to daycare , contribution to | | | | documents, interrogatories request for admissions, |
| medical bills, alimony, payment of household | | | | depositions, subpoena duces tecum, subpoenas etc. |
| expenses, payment of the mortgage, taxes and | | | | <b>Should I take the Deposition of my spouse |
| insurance. | | | | in a RI Divorce?<b> |
| A motion for temporary orders can also address child | | | | A Deposition is when a party usually through their |
| visitation and child custody issues related to the minor | | | | lawyer can ask their spouse questions under oath in |
| children as well as issues concerning exclusive use and | | | | front of a court reporter. In Rhode Island family |
| possession of the marital home. The temporary | | | | Court, a party must obtain leave of court / |
| motion can also request temporary orders concerning: | | | | permission from the court in order to take a |
| restraining orders both financial and personal and a | | | | deposition. Motions to take deposition of the other |
| myriad of other temporary issues. The motion for | | | | party are almost always granted by Family Court |
| temporary orders will typically be heard by the Court | | | | Judges. Depositions are powerful yet expensive |
| within 30-40 days of the filing of the complaint for | | | | discovery tools. |
| divorce. | | | | A deposition can ve very effective because the |
| If no temporary orders enter then there is no legal | | | | attorney can ask the other party questions face to |
| obligation of a spouse to pay anything while the case | | | | face. The attorney can ask follow up questions and |
| is proceeding until there is a decision by the judge or | | | | can ask questions in different ways. This is |
| the parties sign a property settlement Agreement. If | | | | particularly effective if a party is being evasive or |
| there are no temporary orders, the financial issues, | | | | less than forthcoming. There is very little the other |
| visitation and custody issues will be up to the parties | | | | attorney can do to help their clients answer the |
| to figure out while the case is proceeding without the | | | | questions during a deposition. |
| benefit of a court order. | | | | Depositions can be very expensive because the |
| <b>Should I file an emergency motion in A | | | | Court reporters transcript could cost several hundred |
| Rhode Island Divorce?<b> | | | | dollars. Also the attorney doing the deposition will |
| If there is an emergency in which irreparable harm will | | | | need perhaps several hours to prepare for the |
| be caused if the party has to wait for a court date, | | | | deposition. Both Laswyers will be required to attend |
| then an emergency motion should be filed with the | | | | the deposition, which could take up to several hours. |
| complaint. An emergency motion must either be | | | | Depositions are usually better ways to get |
| verified under oath or be accompanied by an | | | | information about sensitive topics rather than written |
| affidavit. The attorney will bring the emergency | | | | interrogatories. |
| motion to the proper judge and ask for an ex parte | | | | <b>What are Request for Admissions?<b> |
| order. Ex parte means that the other side is not | | | | Requests for admissions when used properly can be |
| present to object. The Rhode Island judge will only | | | | a effective discovery tool in a RI divorce. Request |
| consider the affidavit and documentation before him. | | | | for admissions are written requests usually prepared |
| If the judge signs the emergency order than it will be | | | | by the attorney. The other party must reply within a |
| served on your spouse by the constable along with | | | | short period of time. If the party does not reply to |
| the divorce complaint. | | | | the request for admissions within the applicable time |
| These types of emergency motion typically deal with | | | | the allegation will be deemed admitted. |
| issues concerning abuse of a child, dissipation or | | | | <b>Interrogatories-what are they? are they |
| unreasonable spending of marital assets, domestic | | | | worth the time and effort? What types of questions |
| violence, child abuse or a plethora of other potential | | | | can be asked?<b> |
| emergencies. If there is domestic violence involved in | | | | Interrogatories are written questions that a party |
| which you are in imminent fear of physical harm or | | | | may sends to the other party. Each side is allowed |
| have been abused or threatened with abuse please | | | | up to 32 interrogatories. Interrogatories can be helpful |
| discuss with the attorney the benefits of filing a | | | | in obtaining a description of assets, allegations that will |
| separate case called a Complaint Protection from | | | | be made or other information. |
| Abuse! Please note that the Complaint Protection | | | | This information requested can run the gamut from |
| from Abuse is very different from an Emergency | | | | child support to marital infidelity. It may include: child |
| motion. | | | | custody issues, child visitation, disability and life |
| The timing of whether the divorce or Complaint | | | | insurance, criminal history, drug and alcohol abuse, |
| Protection from Abuse case is filed first or whether | | | | gambling addiction, alimony, health insurance issues, |
| they are filed simultaneously could be crucial to your | | | | real estate issues, estate planning and trust issues, |
| case. | | | | personal injury claims, trust and estate info, domestic |
| If an emergency motion is granted and emergency | | | | violence / restraining orders, valuation of assets, |
| orders enter then a hearing will be set approximately | | | | mental health history and any Rhode Island family law |
| 20 days to determine if the order should stay in | | | | matters. |
| effect while the divorce case is proceeding. At that | | | | Interrogatories answers are usually partially written |
| hearing your spouse has an opportunity to contest | | | | and also reviewed by your husband or wifes' |
| the motion and tell his or her side of the story. At | | | | lawyer.Interrogatories must be answered in the time |
| that hearing, the Court will determine whether the | | | | frame set by the Rhode Island domestic Court Rules. |
| emergency relief will stay in effect while the divorce | | | | There are some limitations to the usefulness of the |
| case proceeds. | | | | information and answersd received. |
| <b>will the case be put on the Nominal or | | | | <b>Subpoena Duces Tecum<b> |
| Contested Track? <b> | | | | A subphoena is essentially a court order to bring |
| When a RI divorce is filed in court, the case is put | | | | certain documents to court. A Subpoena Duces |
| onto one of two tracks, the contested track or the | | | | Tecum can be very effective in obtaining documents |
| nominal track. The Plaintiff in the initial filing designates | | | | from third parties such as bank records, stock |
| the track. The vast majority of divorces filed in | | | | records, employment and wage records and other |
| Rhode Island are designated on the nominal track. A | | | | documents. |
| designation on the "nominal track" does not | | | | <b>Should I send Request for Production of |
| necessarily mean that the divorce will be | | | | Documents?<b> |
| uncontested. It usually means that the party who | | | | Request for production of documents is a list of |
| filed believes that the case can be settled relatively | | | | requested documents that must be responded to |
| quickly or wants the divorce to be settled relatively | | | | within the applicable time period. I find this discovery |
| quickly. | | | | tool to be particularly successful in obtaining |
| <b>Answer to Divorce Complaint<b> | | | | documents and records concerning: pension plan |
| The defendant needs to file an answer to the | | | | documents, 401k records, retirement accounts, health |
| divorce within 20 days of service and absolutely no | | | | insurance records, stock accounts, estate planning |
| later than the nominal court date or any motion date. | | | | documents, bank statements, real estate documents |
| It is very dangerous to not answer a case! If the | | | | etc. |
| Defendant does not answer the case, he is subject | | | | <b> Will there be aTrial on merits<b> |
| to being defaulted. A default is when the defendant | | | | If a case does not settle, the Court will send the |
| does not answer the case on a timely basis and the | | | | parties a notice of a pretrial conference. At the |
| Plaintiff will usually get all of the relief that plaintiff | | | | pretrial conference the Judge may make some effort |
| requests. | | | | to help the parties settle the divorce. If the case is |
| <b>Nominal divorce<b> | | | | not settled then the judge will schedule the matter |
| If the divorce is put on the nominal track then the | | | | for a trial. |
| clerk will automatically set a nominal divorce hearing | | | | There may be many pretrial conferences. It is not |
| upon the Plaintiff filing. The clerk will write in the | | | | unusual to have 3-5 pretrial conferences. If the case |
| nominal and motion dates onto the summons to be | | | | is not resolved after a year, the judge will put |
| served on the defendant. This hearing will typically be | | | | pressure on the parties to settle and will start setting |
| scheduled from 65-70 days after filing. In the event | | | | the matter down for trial. The chief Judge of the |
| that the divorce is not settled by the nominal divorce | | | | Family Court does not like cases going over a year |
| date then the case will automatically be changed to | | | | and may pressure the presidding judge to resolve the |
| the contested track. If you have filed an answer to | | | | matter or schedule it for trial. |
| the case, attendance at the first nominal court date | | | | Trials are very expensive and time consuming. |
| is usually optional. | | | | Preparation for a trial may take several days to do |
| If the case is not settled by the nominal court date | | | | properly. Many cases settle right before the trial |
| and both parties want to try to resolve the remaining | | | | begins. Some cases settle after a few hours of |
| issues in court and believe it is possible to resolve the | | | | testimony or mid trial. On the day of the trial, the |
| remaining issues, then the parties can attempt to | | | | judge may put presure on the parties and their |
| settle the case in the hallway or conference rooms in | | | | attorneys to settle the case. Some judges will make |
| the courthouse and put the case through as a | | | | you sit in a conference room for days trying to work |
| nominal uncontested divorce on that date. | | | | it out before they start or complete a trial. |
| If the defendant has not filed an answer, it is | | | | It is extremely rare for a a divorce trial to be |
| dangerous for the defendant to not appear in court | | | | completed and the judge issuing a ruling. For example, |
| at the nominal court date based on representations | | | | Providence County only has 1 trial judge hearing |
| made by the other party . | | | | divorce trials. How many trials do you think that one |
| I have seen numerous occasions when a spouse has | | | | judge could handlein a year! keep in mind thousands |
| assured the other party that it is not necessary to | | | | of divorce cases are filed in Providence county each |
| appear in court and not necessary to file an answer | | | | year. Providence county includes Providence, |
| and the spouse is defaulted and the other spouse | | | | Pawtucket, Cranston, Johnston, East Providence, |
| gets 100 percent of the assets of the marriage. | | | | Barrington, Warren & Bristol. |