Rhode Island Divorce- Residency Requirements by a Rhode Island Divorce Attorney-Lawyer
Posted: Monday, August 31, 2009
by David Slepkow
Slepkow Slepkow & Associates, Inc.
What are the residency requirements to obtain a Rhode Island divorce?
In order to file for divorce you need to have been a domiciled inhabitant and resident of Rhode Island for one year prior to your filing of the complaint for divorce. If you have not been a domiciled inhabitant and resident of Rhode Island for one year prior to filing your complaint for divorce, you can file based on your husband's / wife's residency for one year prior to the filing. It does not matter if you change your residency or move out of town the next day so long as you were a resident on the date of the divorce filing and for one year prior! Article by David Slepkow 401-437-1100
Even if you move the day after filing, you still meet the residency requirements. If you do not qualify to file for divorce in Rhode Island you should look for an attorney / lawyer in another state that you might qualify to file.
If you live in Rhode Island, but don't meet the residency requirements to file for divorce, there are other types of actions such as a complaint for separate maintenance without filing for divorce that you may be able to file which would allow you to deal with issues concerning: temporary alimony, property rights, child custody, child support, child visitation, payment of marital expenses, payment of the mortgage, restraining orders etc) There is no such thing as a legal separation in Rhode Island. A Complaint for Separate maintenance without filing for divorce is the closest thing that RI has to a legal separation
Is it necessary to prove compliance with the residency requirements at the nominal divorce hearing in order to obtain a divorce?
In order to prove residency, it is sufficient, if both parties appear at the nominal court date and testify that at least one of the parties was a domiciled inhabitant and resident of Rhode Island for one year prior to the filing of the complaint for divorce. The Family Court will typically waive the requirement for additional witness if both husband and wife attend the nominal court date and testify that at least one party had the requisite residency as set forth above.
If only one party attends the nominal court date then you need one of the following in order to obtain a divorce (a) two additional witnesses in court to testify to the one year residency of the Plaintiff or Defendant (b) one witness in court to testify to the one year residency of the Plaintiff and an affidavit from a different witness attesting to the person's residency. (This affidavit form can be easily obtained by the clerk of the Rhode Island Family Court.)
If you do not meet these requirements to prove residency your divorce case may be dismissed or you may be given additional time to obtain the necessary witnesses or affidavit
David Slepkow is a Rhode Island divorce lawyer concentrating in family law, child support, custody and visitation. David has been practicing for over 9 years and is licensed in Rhode Island, Massachusetts and Federal Court. David is a partner at Slepkow Slepkow & Associates Inc. Slepkow Slepkow & Associates, Inc is celebrating its 75th anniversary this years.
To contact Rhode Island Divorce Lawyer David Slepkow, call him at 401-437-1100 or go to http://www.slepkowlaw.com/divorce-articles.htm for a lest of divorce artilces written by David Slepkow
Also please visit: Information and Links Concerning RI Attorney David Slepkow and Rhode Island Divorce, Child Support and Family Law, Rhode Island Child Support law information
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