Rhode Island Divorce Lawyer
Posted in General on December 18, 2020
The Law Offices of Stefanie A. Murphy is here to help guide you through your divorce as professionally and efficiently as possible. We understand that you are handing over a very personal piece of your life to us; thus, we will take time to meet with you, understand your particular situation and provide clear legal guidance to help you execute the most practical strategy to meet your goals. Our firm can help you handle the following:
· Asset division and property settlements
· Child custody and visitation
· Spousal alimony and support
· Domestic violence and restraining orders
Residency Requirements for Divorce in Rhode Island
To obtain a divorce in Rhode Island, you must reside in the State for at least one (1) year prior to filing. However, if you have not lived in the State for the requisite time, you may file for separation. Rhode Island courts generally grant all divorces on the grounds of “irreconcilable differences” whether or not other grounds are alleged.
Rhode Island General Laws § 15-5-12 outlines the domicile and residence requirements for obtaining a divorce in the State of Rhode Island:
(a) No complaint for divorce from the bond of marriage shall be granted unless the plaintiff has been a domiciled inhabitant of this state and has resided in this state for a period of one year next before the filing of the complaint; provided, that if the defendant has been a domiciled inhabitant of this state and has resided in this state for the period of one year next before the filing of the complaint, and is actually served with process, the requirement of this subsection as to domicile and residence on the part of the plaintiff is deemed satisfied and fulfilled. The residence and domicile of any person immediately prior to the commencement of his or her active service as a member of the armed forces or of the merchant marine of the United States, or immediately prior to his or her absence from the state in the performance of services in connection with military operations as defined in subsection (c) of this section, shall, for the purposes of this section, continue to be his or her residence and domicile during the time of his or her service and for a period of thirty (30) days after this. Testimony to prove domicile and residence may be received through the ex parte affidavit of one witness.
(b) Every word importing the masculine gender only shall be construed in this section to extend to and include females as well as males.
(c) The term “services in connection with military operations” shall be construed in this section to include persons serving with the American Red Cross, the Society of Friends, the Women’s Auxiliary Service Pilots, and the United Service Organizations.
Court Appearances for Divorce
Both spouses must appear in court for their divorce to be granted.
§ 15-5-22 states “[n]o divorce from the bond of marriage shall be granted solely upon default nor solely upon admissions by the pleadings, except upon trial before the court in open session; nor shall the divorce be granted where the court is satisfied that there has been any collusion or corrupt conduct by the parties, or either of them, in regard to the proceedings to obtain the divorce.”
Changing Your Name Post-Divorce
§ 15-5-17 provides “[a]ny woman, to whom a divorce from the bond of marriage is decreed, shall, upon request, be authorized by the decree to change her name, notwithstanding that there may be children born of the marriage, and subject to the same rights and liabilities as if her name had not been changed.”
Retain a Compassionate Rhode Island Divorce Lawyer
At the Law Offices of Stefanie A. Murphy, our team can help support you through this difficult process in ending your marriage. Call us today for a FREE consultation and speak with a legal professional about your case!