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Is Divorce the Answer?
By Brenda Coville Harrigan
Over the next six months, I will provide you with insight into the divorce process in Rhode Island. This first segment discusses whether divorce is appropriate for you.
Make-up or Break-up?
It is a personal and not a legal decision as to whether you wish to file for divorce from your spouse. However, a good practitioner can provide you with the tools necessary to make a determination as to whether you wish to file for divorce or explore other options, including counseling, separating from your spouse or toughing it out. Legal practitioners should discuss the anticipated split of assets and debt incurred by the parties and advise you on what to likely expect from the court regarding custody, placement, and visitation issues relative to the minor children. Many parties who are unhappily married remain committed to the marriage in order to have 24/7 access to their children. Frequently, a spouse believes they can't "afford" to get divorced. Reduced fee legal services are available to qualified candidates through the Rhode Island Legal Aid Society or through the Rhode Island Bar Association's Volunteer Lawyer Program.
Timing is Key.
Very few spouses file for divorce between Thanksgiving and Christmas, when they are apt to spend time with their relatives and mutual friends. There is a dramatic increase of divorces filed within the weeks following Valentine's Day and the 4th of July. Also, families with children prefer to address issues regarding placement of the children before the start of the new school year, and in these situations, the best time to commence a divorce action is by early June. If there is a chance for reconciliation, your attorney should advise you to exhaust that option before proceeding with filing for divorce. Once you have had made up your mind to file for divorce, the paperwork can usually be completed and filed with the court within one week. The court will assign to you a hearing date on the uncontested calendar ten (10) weeks from the date you file. If both parties are in agreement, the divorce hearing may proceed that day. Otherwise, the case is reassigned to the contested track.
Who, What, When.
The court requires that one of the parties has lived in the state of Rhode Island for at least one year prior to the filing of a complaint for divorce. The other party does not need to presently live in the state, nor do they need to fulfill the one-year residency requirement. The divorce is typically filed in the county where the party filing the divorce action resides. If both parties live in the State of Rhode Island but have separated and live in separate counties, the filing spouse may choose which county the divorce should be heard in. Bristol County cases are heard in Providence.
As you may have recently heard, the Supreme Court ruled in a three-two split decision that the Rhode Island Family Court may only grant divorces of marriages between men and women. As same sex marriages are not presently recognized by the State of Rhode Island, the Rhode Island Supreme Court held that the court is without jurisdiction to award a divorce to either party. The court, however, does recognize marriages between men and women from other states as well as other countries. As long as you have lived in the state for at least one year and are married to a member of the opposite sex, the Rhode Island Family Court has jurisdiction.
The court has a two-track filing system: nominal (uncontested) and contested. On the nominal track, the court assigns a hearing date 10 weeks from the date of filing. On the contested track, your case is typically assigned for a hearing on temporary orders - or orders entered pending the divorce, and given a series of control/case management dates, including a pre-trial date, which could extend the process for up to eight additional months.
Brenda is available to answer your questions by e-mail at bharrigan@gunninglafazia.com or call her direct line at (401) 521-2629. All communications will remain confidential. Brenda will also provide you with a free initial consultation either by phone or in person.
Brenda Coville Harrigan
Brenda is available to answer your questions by e-mail at bharrigan@gunninglafazia.com or call her direct line at (401) 521-2629. All communications will remain confidential. Brenda will also provide you with a free initial consultation either by phone or in person.
Attorney Brenda Coville Harrigan is a partner with the Law Firm of Gunning & LaFazia, Inc., 56 Pine Street, Providence, Rhode Island. She has been a licensed attorney in Rhode Island in excess of 20 years.
Gunning & LaFazia, Inc. is a full service law firm handling general civil litigation, including personal injury, business litigation, family law, bankruptcy and insurance defense. Please visit our website at www.gunninglafazia.com.
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