10 Random Family Law and Divorce FAQS

Question: Is there any way to shorten the 90 day waiting period after the nominal Rhode Island Divorce.

Answer. No, the 90 day waiting period is mandated by Law. A Final Judgment of Divorce can’t be granted by a Family Court Judge until the 91st day after the nominal Divorce hearing. The only exception to this rule is for divorce complaints granted based on the grounds of living separate and apart for a space of three years which has a substantially lesser waiting period.

Question: Why is there a 90 day waiting period in Rhode Island?

Answer: The intent of the statute is that parties may well reconcile throughout the 90 days and determine not to get divorced.

Question: I am in a rush to get a divorce, do I have wait until the nominal divorce hearing which is normally 65 days after filing?

Answer: No. The parties can agree to waive the initial waiting period and the nominal divorce hearing may well be substantially earlier than 65 days.

Question: Can I file for divorce if we do not satisfy the 1 year Rhode Island Residency Requirement to obtain a RI Divorce.

Answer: No. Until either party satisfies the 1 year residency requirement, the only choice is a complaint for Separate Maintenance, a Divorce from Bed and Board or a Miscellaneous Petition for Custody, Placement or Child Support.

Question: What is a Divorce from Bed and Board and Future Cohabitation?

Answer: It is some thing that should certainly virtually never be filed. In this sort of case, the parties go though the whole divorce but in the end they remain legally married and do not obtain an absolute divorce.

Question: Why would anybody ever get a Divorce from Bed and Board?

Answer: That’s an fantastic question. The prime rationale for this would be religious reasons.

Question: What is the statutory Interest for Child Support Arrears?

Answer: 12 percent

Question: Will the State Of Rhode Island waive statutory interest owed to the state of Rhode Island for Child support or Money medical Contributions?

Answer: The State will only give some thought to waive the quantity of interest owed to RI for child support or Money medical contributions after the principal quantity has been paid in full.

Question: Can I get a divorce just by signing papers with out a nominal hearing?

Answer: No. A Nominal Hearing is needed to obtain a divorce in RI.

Question: Do mothers automatically get custody of young youngsters in a Rhode Island Custody case?

Answer: No. Rhode Island uses the most beneficial interest of the child standard in determining custody of all kids.

Practical Tip: A mother who is a fit and correct individual has a substantial benefit in obtaining custody of a young child in RI Family Court.

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