This article explains the Rhode Island divorce process from pre- filing considerations through trial including Rhode Island divorce law strategy.

Finding a Rhode Island Divorce attorney/ lawyer

The first step in obtaining a divorce from your spouse is finding a Rhode Island attorney who you are comfortable with. Many attorneys give free initial consultations while others charge for the first consult. I have always taken the position that the initial consultations will be free.

It is important to ask the proposed lawyer about his or her experience and qualifications to handle your case. It is also crucial to determine the hourly charge and the amount of any initial fee or retainer. Article By David Slepkow (401-437-1100)

Cost of Rhode Island Divorce

It is often impossible to determine how much a divorce will cost from beginning to end. However, it is a good idea to get an educated estimation of the eventual fee. This will never usually be more than a estimation because the cost of the divorce usually depends on several factors. Those factors could include how quickly a settlement is reached, the number of motions that each party will file, the amount / nature and complexity of assets to be equitably divided, the amount of documents involved in the case, the animosity of the parties to each other, the waiting time while you are in court and many other potential issues.

The Golden Rule is that the longer it takes to reach a settlement the more the divorce will cost because the lawyers will spend a lot more time working on the case. If there is no settlement and the case goes to trial or the day of trial, the divorce could get very expensive. If everything is agreed or nearly agreed to and the parties are relatively amicable then the divorce should take a lot less time and therefore be much less expensive.

Uncontested divorces in Rhode Island should be much less expensive then contested divorces. However, there are many different types of uncontested divorces. There are uncontested divorces with no real assets and uncontested divorces with assets to divide. If the divorce is uncontested and there are assets then the lawyer may need to prepare a property settlement agreement, deeds, qualified domestic relation orders etc. Therefore, the cost of an uncontested divorce could vary depending on the circumstances. For example if a lawyer has to draft a property settlement agreement , the lawyer will devote more time to the case.

I believe that a fair price for an uncontested divorce from soup to nuts in Rhode Island with no assets and no property settlement agreement is about $800 flat fee plus costs. The typical costs are a filing fee of $100 and service of process fees of approximately $40.

Intake process and drafting Rhode Island divorce Documents

After you have retained the lawyer there is typically an intake process in which the lawyer gets the basic information so that he or she can properly represent you. The lawyer typically drafts the divorce documents and you sign them in front of him/her or another notary. These documents include a divorce complaint, DR(6) financial statement, statement of children of the marriage, counseling statement, report of divorce, summons and automatic divorce order etc. It is important that the DR6 form otherwise known as financial statement is accurately filled out.

There are many important decisions that may need to be made before you file for divorce in Rhode Island. Strategy is crucial in many instances!

Should I file a motion for temporary Orders in RI?

In some cases, the attorney will file a motion for temporary orders when the divorce complaint is filed. A motion for temporary orders should be filed if the husband or wife is in need of temporary resolution of issues while the case is proceeding. These temporary motions typically request temporary child support, payment / contribution to daycare , contribution to medical bills, alimony, payment of household expenses, payment of the mortgage, taxes and insurance.

A motion for temporary orders can also address child visitation and child custody issues related to the minor children as well as issues concerning exclusive use and possession of the marital home. The temporary motion can also request temporary orders concerning: restraining orders both financial and personal and a myriad of other temporary issues. The motion for temporary orders will typically be heard by the Court within 30-40 days of the filing of the complaint for divorce.

If no temporary orders enter then there is no legal obligation of a spouse to pay anything while the case is proceeding until there is a decision by the judge or the parties sign a property settlement Agreement. If there are no temporary orders, the financial issues, visitation and custody issues will be up to the parties to figure out while the case is proceeding without the benefit of a court order.

Should I file an emergency motion in A Rhode island divorce?

If there is an emergency in which irreparable harm will be caused if the party has to wait for a court date, then an emergency motion should be filed with the complaint. An emergency motion must either be verified under oath or be accompanied by an affidavit. The attorney will bring the emergency motion to the proper judge and ask for an ex parte order. Ex parte means that the other side is not present to object. The Rhode Island judge will only consider the affidavit and documentation before him. If the judge signs the emergency order than it will be served on your spouse by the constable along with the divorce complaint.

These types of emergency motion typically deal with issues concerning abuse of a child, dissipation or unreasonable spending of marital assets, domestic violence, child abuse or a plethora of other potential emergencies. If there is domestic violence involved in which you are in imminent fear of physical harm or have been abused or threatened with abuse please discuss with the attorney the benefits of filing a separate case called a Complaint Protection from Abuse! Please note that the Complaint Protection from Abuse is very different from an Emergency motion.

The timing of whether the divorce or Complaint Protection from Abuse case is filed first or whether they are filed simultaneously could be crucial to your case.

If an emergency motion is granted and emergency orders enter then a hearing will be set approximately 20 days to determine if the order should stay in effect while the divorce case is proceeding. At that hearing your spouse has an opportunity to contest the motion and tell his or her side of the story. At that hearing, the Court will determine whether the emergency relief will stay in effect while the divorce case proceeds.

Nominal or Contested Track?

When a Rhode Island divorce is filed, the case is put onto one of two tracks, the contested track or the nominal track. The Plaintiff in their initial divorce filing designates the track they desire. The vast majority of divorces filed in Rhode Island are placed on the nominal divorce track. A designation on the “nominal track” does not necessarily mean that the divorce will be uncontested. It usually means that the party who filed believes that the case can be settled relatively quickly or wants the divorce to be settled relatively quickly.

Answer to Divorce Complaint

The defendant must file an answer to the divorce within 20 days of service and absolutely no later than the nominal court date or any motion date. If the Defendant does not answer the case he is subject to being defaulted. A default is when the defendant does not answer the case on a timely basis and the Plaintiff will usually get all of the relief that he or she requests.

Nominal divorce

If the case is put on the nominal track then the clerk will automatically set a nominal divorce hearing upon the Plaintiff filing for divorce. This hearing will typically be scheduled from 65-70 days after the Plaintiff files. In the event that the divorce is not settled by the nominal divorce date then the case will automatically be changed to the contested track

If the matter is not settled by the nominal court date and both parties want to try to resolve the remaining issues in court and believe it is possible to resolve the remaining issues, then the parties can attempt to settle the case in the hallway or conference rooms in the courthouse and put the case through as a nominal uncontested divorce on that date.

If the defendant has not filed an answer, it is dangerous for the defendant to not appear in court at the nominal court date based on representations made by the other party .

I have seen numerous occasions when a souse has assured the other party that it is not necessary to appear in court and not necessary to file an answer and the defendant is defaulted and the other spouse gets 100 percent of the assets of the marriage.

On the date of the nominal divorce hearing, at the call of the calendar, the case will be either ready nominal or the parties will ask the judge to hold the case so they can try to resolve the remaining issues. If the parties cannot resolve the remaining issues they will inform the Court clerk or the judge that the case cannot be settled and the case track will be changed to the contested divorce track. If the case track is changed there will be no hearing that date and the court will inform the parties of the next pretrial conference date.

If the parties ask the clerk to hold the matter they will usually get a substantial amount of time to negotiate the remaining issues in the hallway. Upon settling all the remaining family law issues which may include issues of property division, child support, child custody, child visitation, alimony, contempt issues, restraining order issues etc the clerk should be informed that the case is now ready nominal. At that point the clerk and judge will put you back on the list of cases ready for the nominal hearing

Pursuant to Rhode Island General Law a divorce cannot be resolved without a nominal divorce hearing. At the nominal divorce 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. If you don’t have the required witness your case could be delayed or even dismissed and you may waste your time attending court.

For a detailed explanation of whether or not you must have witnesses to testify on your behalf and the residency requirement for filing a Rhode island Divorce please go to my Ezine article “”Rhode Island Divorce Law FAQS How Long Until It’s Over? Residency Requirements & No Fault Divorce.” EzineArticles 14 March 2007. 15 July 2007 .

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! As the old adage goes a person who represents themselves has a fool for a lawyer. Since everything you have worked so hard for is on the line it is foolish to go through the Rhode Island divorce process without Rhode Island divorce and family law lawyer.

If the case was originally placed on the contested track calendar, then the clerk did not schedule any automatic nominal court date. If the case later becomes settled then the parties can ask the clerk for permission to come on a particular date for the nominal divorce hearing. Otherwise the parties can wait for a motion date or the pretrial date to do the nominal divorce hearing.

Discovery in RI Divorce. How do I get information about my Spouse?

After the divorce is filed the Plaintiff and or the defendant can at their option proceed with “discovery”. Discovery in general is the process by which the parties get information or admissions from the other party. Discovery is most important and perhaps crucial in a case when a spouse is unaware of the nature and extent of the marital property and estate. Discovery can be also useful to obtain documents or other tangible evidence that is needed for settlement or trial.

The Rhode Island discovery process also can be used to obtain admissions of certain allegations. While it is unethical and perhaps immoral for a person to lie about cheating or an affair to their spouse it is not illegal or criminal for a person to lie to their spouse about an affair. If a person lies under oath either in testimony or in a written document under oath they may be committing the crime of perjury.

Also if a judge believes a party is lying under oath there could be stiff sanctions and penalties including a referral to the attorney general for prosecution. However, in reality, most incidents of lying in family court are not prosecuted as crimes. Many attorneys use request for admissions or interrogatories to force the other party to state under oath whether or not they had an affair and the extent and details concerning the extra-marital affair / cheating/ infidelity.

There are several discover mechanisms that can be used: interrogatories, request for production of documents, request for admissions, depositions, subpoena duces tecum, subpoenas etc.

Interrogatories-what are they? are they worth the time and effort?

Interrogatories are written questions that a party may sends to the other party. Each side is allowed up to 32 interrogatories. Interrogatories can be helpful in obtaining lists of assets, allegations that will be made by your spouse or other useful information. This information requested can run the gamut from child support to marital infidelity and may include: child custody issues, child visitation, drug and alcohol abuse, gambling addiction, alimony, health insurance issues, real estate issues, estate planning and trust issues, personal injury claims, domestic violence / restraining orders, criminal history, valuation of assets, mental health history and any Rhode Island family law issues.

Interrogatories must be answered in the time frame set by the Rhode island domestic Court Rules. Interrogatories are usually partially written and also reviewed by your husband or wifes’ lawyer. Therefore, while a valuable tool there are some limitations to the usefulness of the information received.

Request for Admissions

Requests for admissions when used appropriately can be a powerful discovery tool in a RI divorce. Request for admissions are written requests usually prepared by the attorney, which the other party must reply within a short period of time. If the party does not reply to the request for admissions within the applicable time the allegation will be deemed admitted.

Should I take the Deposition of my spouse in a RI Divorce?

A Deposition is when a party usually through their lawyer can ask their spouse questions under oath in front of a court reporter. In Rhode Island family Court, a party must obtain leave of court / permission from the court in order to take a deposition. Motions to take deposition of the other party are almost always granted by Family Court Judges. Depositions are powerful yet expensive discovery tools. A deposition usually is effective because the attorney can ask the other party questions face to face. The attorney can ask follow up questions and can ask questions in different ways. This is particularly effective if a party is being evasive or less than forthcoming. There is very little the other attorney can do to help their clients answer the questions during a deposition.

Depositions are very expensive because the Court reporters transcript could cost several hundred dollars. Also the attorney doing the deposition will need perhaps several hours to prepare for the deposition. Also both attorneys will need to attend the deposition, which could take up to several hours. Depositions are usually better ways to get information about sensitive topics then interrogatories.

Request for Production of Documents

Request for production of documents is a list of requested documents that must be responded to within the applicable time period. I find this discovery tool to be particularly successful in obtaining documents and records concerning: pension plan documents, 401k records, retirement accounts, health insurance records, stock accounts, estate planning documents, bank statements, real estate documents etc.

Subpoena

A Subpoena Duces Tecum can be very effective in obtaining documents from third parties such as bank records, stock records, employment and wage records and other documents.

The third part of this three part series which is coming soon addresses preparing for a Divorce trial to the actual divorce trial to the entry of Final Judgment

Trial

If a case cannot be settled, the Court will send the parties a notice of a pretrial conference. At the pretrial conference the Judge may make some effort to help the parties settle the divorce. If the case is not settled then the judge will schedule the matter for a trial.

So a divorce has become inevitable. How do you tip the scale of justice in your favour right from the start knowing there is a general bias in favour of women in the divorce courts?

Below are 3 steps that you can put into action right away that will help you protect your money. Later on in the article I will reveal a resource that could make a difference to you out manoeuvring your soon to be ex wife in the divorce courts and keeping all your prized possessions or you losing everything you have ever worked for to her.

1. Stop making any more contributions to your pension funds. This is because your soon to be ex-wife may be entitled to half of what you have already paid in.
You cannot do anything about any amounts you may have already paid in but you certainly do not want to keep increasing her share of your money.

If you are an employee, then speak to your HR department and let them know you would like to stop making any further contributions to your pension plan for now.

It is important that you let them know that you are not withdrawing from the scheme. Let them know you are going through a divorce and that as soon as your divorce is finalised you will resume your contributions.
If you are self employed, then make sure you speak to your financial adviser as soon as possible.

2. Open a separate bank account with a different bank: If you have always operated a joint account with your partner, now is the time to go your separate ways. You need to open you own separate bank account.

It is even better if you open your own account with a totally different bank from the one you jointly used.  This way, she not only has no idea which bank you currently use, after a while she will be unable to guess how much you have in your account.

3. Do not go into a new relationship until your divorce has been finalised: It is important that you try as much as possible not to get into a new relationship.

If you meet someone you like or are interested in, then explain the situation to them. Any woman who really likes you will understand and hang around until your divorce is finalised.

Getting into a new relationship before an old one is finalised would only complicate matters, especially if your soon to be ex wife gets to know about it.

She could on the basis to that decide to make the divorce more contentious, lengthy and of course more expensive.

“I want to know how to save my marriage from divorce.” Sadly this is a statement that many people are making on a daily basis as they feel their primary relationship slowly coming apart at the seams. When the dynamic within your marriage starts to shift you may feel that the only course you can take is to divorce. It doesn’t have to be. If you still love your partner and keeping your family together is your goal, there are definitely some simple things you can do to reawaken the commitment and create an even closer emotional bond between you two.

When I was discovering how to save my marriage from divorce I came to realize that the harder I held onto my spouse, the more they pulled away. Sometimes, particularly in relationships where the partners are living together, one or both need a bit of breathing room before they can start to work towards healing the relationship. If your partner has said they need to leave your home or they need some time apart, your natural instinct is going to be to fight them on this. You want them to stay with you so you two can work things out. Letting them go may actually be more beneficial in the long run. Often times a person doesn’t fully realize what they are at risk of losing until they’ve had some time alone. Let your spouse go and chances are very good they will come to really miss you before too long.

You’ve also got to get behind your spouse and be as supportive with them now as you were in the early days of your relationship. It’s so easy to fall into a trap of resenting and secretly despising your partner because they don’t help you with the children or they seem more devoted to pursuing their own interests than they do of contributing to rebuilding the marriage. This can happen if your partner feels you don’t support them. Make an effort each day to only see the good in the person you married. Focus on those qualities you love most about them. If you can do that, you’ll find that both your attitudes will shift over time to a more positive and open place.

Recovery from divorce is hard. The good news is YOU CAN DO IT. In fact, with some focused effort and a little help, you can recover from divorce faster than you ever thought possible. Making a successful recovery from divorce requires both insight and action. The following tips highlight the most important insights and actions necessary.



TIP #1 – You are not unusual – You are not alone.



Statistically, there are a lot of us. 40% of first marriages and 60% of all remarriages eventually end in divorce. Emotionally, everyone is pretty much in the same boat. Ambivalence rules the day. Roller coasters are the preferred method of emotional transport. Realistically, anyone you know whose has gone through, or is going through a divorce, can identify with the reactions you are having. You are not alone.



TIP #2 – You can make a successful recovery from divorce because you have done it before.



You say you haven’t been divorced before? Doesn’t matter. All transitions force us to go through the same process of change – whether it is losing a job, getting married, starting a family, death of a loved one. Whatever. What we’ve learned from these life experiences we can apply to making it through our current transition through divorce.



TIP #3 – You already possess all the personal resources necessary to recover from divorce.



Confidence, a sense of direction, and hope seem to be the first to go when trying to recover from a divorce. But, not to worry. You already have the ability to deal with it. More specifically, we gain confidence from successfully navigating past major life transitions. We find stability of direction from our unique set of personal principles. We obtain courage to press on from our personal sources of hope. And, we obtain reassurance that we are on the right track through a sense of gratitude for the good present in the current situation



TIP #4 – You need to recruit at lease one “Change Buddy” for social support and feedback.



We need to find people (or at least one person) we can lean on for emotional support and count on for objective feedback while we make our recovery from divorce. These folks must have two important characteristics. They must have no personal agenda and they must be able to be honest with you. Only then can you count on their feedback as being objective.



TIP #5 – You can and must dissolve the massive resistance to change that comes with divorce.



Fear, loss, and uncertainty about what to do next sabotage our efforts to make a victorious recovery from divorce. However, we can handle our fear of the unknown future if we have a plan. We can let go of how things used to be – even the good stuff – when we realize there is even more good stuff in the next chapter of our life after divorce. And, we can resolve our rational reservations for making a recovery with old-fashioned problem solving.



TIP #6 – You can and must use what you have learned from going through the divorce process to make your recovery successful.



Only by using your experience to clarify your future requirements, needs, and wants for our life after divorce, can you capitalize on the great opportunity divorce offers. These learnings apply to your entire life including finances, health, relationships, and self expression.



TIP #7 – You must lay the groundwork for the many changes that must occur in order to make a successful divorce recovery.



Divorce brings change in our relationships, our health, our financial situation, and our opportunities for creativity and self expression. A successful divorce recovery demands that we attend to and plan for this wide range of changes in order to fully and joyously embrace the next chapter in our life after divorce.

Some people asked me if the process I developed to help people have a very happy marriage will work for everyone. What a loaded question! That’s like asking if the manual you got with your computer will work for everyone. The answer is no. The answer is yes. If you don’t read the manual it won’t help you one bit. But if you read it and follow its instructions, there is no reason why it shouldn’t work.

We have grown up in a society that takes great pains to teach us how to use a computer starting in the second or third grade, while life skills such as communication are not discussed at all. Educators say these skills of life ought to be taught by the parents. I agree, but where are the parents going to learn? Learning how to be married by learning basic information about human nature and human interactions should most definitely be taught at the school level, along with scientific information about diet, exercise and other basic requirements needed by every individual.

By the time people have fumbled around in a marital relationship and are looking for divorce advice, they are discouraged and confused. But the most simple advice for those who have children is, don’t do it if there is any way at all to avoid it. If there’s any way to save your children and your selves from the horrors of divorce, go for it with everything you have, and please don’t try marriage counseling. For the vast majority of people, it doesn’t work.

If you must divorce after you have tried everything to stay together, by all means be the best person you can be in order to preserve what is left of your relationship. Some people actually get along better after they are separated. For your children’s sake put their needs ahead of your own.

Avoid lawyers if you can. Avoid psychologists if you can. Try your best to find a mediator who is neither a psychologist nor a lawyer but is capable of understanding the financial and legal ramifications of divorce. It is not rocket science, although those in the system would like you to think it is even more complex. Keeping peace and harmony should be your highest priority. And remember, no matter how you’re feeling, tell your spouse, “I love you.”