Edward G. Lawson

Attorney At Law - Bankruptcy - Divorce - Real Estate

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THINKING OF DIVORCE? Part II: Divorce Documents, Cost & Service

July 8, 2016 By Nicholas DaSilva

Part Two of our Four part series discusses the specific documents required for filing a divorce, along with the cost and service associated with it. This informational series will be useful to assist in reducing problems while obtaining your divorce in Rhode Island.

Documents Required for Filing – The following minimum documents are required for filing a petition:

1. Marriage certificate. It can be a copy or a foreign certificate. If it is in a foreign language an informal translation is required.

2. Summons.

3. Complaint or Petition for Divorce outlining the grounds for divorce and a general demand of what you are seeking. This demand includes topics like custody, placement and visitation of minor children and an equitable division of marital property. A party may ask to decline alimony and the wife may request that she resume her maiden name. When the issues are complicated the demand may be more specified in a document attached to the complaint.

4. A list of names, ages and residency of all minor children born during the marriage. There is a refutable presumption that all children born during the marriage are the biological offspring of both parties.

5. Financial statement called a DR-6.

Additional documents frequently filed:

a. Motion for Temporary Orders – one of the parties, usually the filing party, may ask for temporary joint custody and placement of the children, along with sole use and occupancy of the marital domicile, support for the children, funds to maintain the home and any other reasonable request to keep the family functioning. This motion will be given a hearing date prior to nominal date.

b. Emergency or Ex-Parte Motion – in cases where domestic violence or abuse, drugs, alcohol, dissipation of assets, or other activities on behalf of the other party to the detriment of the filing party, the filing party or responding party can ask for an emergency or ex-parte (one sided) immediate, temporary order for sole custody, placement, limited, supervised or suspension of visitation of minor children, child support, or a restraining order against the other party.

c. Cost – The cost of a divorce depends on if there are minor children, the nature and extent of assets and whether you and your spouse are disagreeing as to custody, placement and visitation of the children, as well as how to divide the assets.

d. Service on the defendant – the other party must be served twenty days or more prior to the nominal date. It is necessary to serve the defendant spouse the Summons and Complaint for Divorce in order for the divorce to be heard. It is critical to know where your spouse resides and/or works to obtain effective service.

Service can be obtained:

1. In hand by a constable at work or at home, which can be fulfilled by an appointment for privacy reasons.

2. If your spouse lives out of state, you know where your spouse lives and your spouse is willing to cooperate, service can be accomplished by e-mailing the documents for an e-mailed response, and/or by certified mail where your spouse signs for the certified documents. If your spouse is uncooperative and we know where your spouse works or lives, we can arrange for a local constable to serve your spouse at either location.

3. If you do not know where your spouse lives, but you do know the last known city and state of your spouse’s residency we can advertise as a last resort. Advertising can cost between $600.00 to $1,000.00 depending on the city.

4. If your spouse lives in a foreign country, depending on the reliability of the mail and if your spouse is cooperative, international certified mail can be used. Otherwise, it can be arranged through a friend or a government agent in that country for your spouse to be served.

Please stay tuned for the next part in our “Thinking of Divorce” series regarding children and custodial issues that may arise throughout the divorce process. Of course, if you need immediate assistance or information please call one of our expert divorce attorneys now at (401) 725-1810.

Le divorce

Filed Under: Alimony, Child Support, Custody, Divorce, Family Law, Uncategorized, Visitation Tagged With: divorce cost, divorce documents, Divorce law, divorce lawyer, divorce service

THINKING OF DIVORCE? Part I: Types & Requirements

May 11, 2016 By Nicholas DaSilva

Part One of our Four part series will take a look at the different types of divorce along with the factors and requirements that separate them. This informational series will be useful to assist in reducing problems while obtaining your divorce in Rhode Island.

1. Residency Requirements – To obtain a divorce in Rhode Island you must be a resident for one year or more. If you are not a resident but your spouse is and has been a resident of Rhode Island for at least one year you can file a petition using the residency of your spouse to justify filing your petition in Rhode Island.

2. Time to Obtain a Divorce – Upon filing, a “nominal” date is set which is normally three months from filing. Assuming you have a hearing on that date it takes another three months for the divorce to finalize. An uncontested divorce with no issues/problems can be heard by the court within 60 days of filing after which time you will receive a certified copy of the Decision Pending Final Judgment. Thereafter,

a. If the reasons for the divorce were “irreconcilable differences” you must wait another 90 days (unless a motion is presented to the Chief Judge to shorten the time – unusual) before it is final at which time we will provide a certified copy of a Final Judgment for you.

b. If reason was due to living separately/apart for more than three years then the waiting period until you obtain your Final Judgment is twenty days after filing of the Decision Pending Final Judgment.

3. Kinds of Divorce – There are two kinds of divorce in Rhode Island:

a. Nominal: this is basically an uncontested divorce. To reach this stage often involves extensive negotiations between the parties either directly, through their attorneys, mediation or a combination of the preceding. The most prevalent/efficient method of resolving differences is through attorney to attorney negotiations frequently involving the parties in the discussions.

b. Contested: when the parties cannot agree on issues concerning placement, custody or visitation of the minor children (under age of 18) or parties cannot agree on an equitable division of the assets considered to be marital, eventually a trial is held and a family court judge or magistrate decides these issues.

4. Grounds for Divorce – There are several reasons in Rhode Island that are grounds for the basis of a divorce. They are:

a. “Irreconcilable differences leading to an irretrievable breakdown of the marriage.” This is the most commonly used reason for divorce and is often referred to as a “no fault” divorce. However, irreconcilable differences is a broad term that can cover a virtually endless list of reasons. Once the parties have reached an agreement it is the practice of this office to suggest to the court that the reasons are the parties argued, fought and developed separate lifestyles. Our belief; there is no reason to spell out specific details of why a marriage failed saving embarrassment of either or both parties.

b. “Living separate and apart for more than three years.” If you have not co-habituated (lived together as husband and wife in the same home nor been intimate) for more than three years, filing for this reason will speed up the process and you would receive your final judgment twenty days after filing the Decision Pending Final Judgment.

c. Additional but rarely utilized grounds for divorce:

i. Impotency;
ii. Adultery;
iii. Extreme cruelty;
iv. Willful desertion for five (5) years of either of the parties, or for willful desertion for a shorter period of time in the discretion of the court;
v. Continued drunkenness;
vi. The habitual, excessive, and intemperate use of opium, morphine, or chloral;
vii. Neglect and refusal, for period of at least one year before the filing of the petition, on part of the husband to provide necessities for his wife, the husband being of sufficient ability; and (8) Any other gross misbehavior and wickedness, in either of the parties, in violation of the marriage covenant.

d. Divorces from bed, board, and future cohabitation, until the parties are settled, is another rarely used provision.

Please stay tuned for the next part in our “Thinking of Divorce” series detailing the specific documents required for filing a divorce, as well as the cost and service associated with it. Of course, if you need immediate assistance or information call one of our expert divorce attorneys now at (401) 725-1810.

Divorcelife

Filed Under: Divorce, Family Law Tagged With: divorce blog, divorce information, Divorce law, divorce lawyer, divorce requirements, divorce residency requirements, family law, grounds for divorce, kinds of divorce, types of divorce

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With nearly 46 years practicing law and decades of real-world business experience, the Law Offices of Edward G. Lawson provides effective, efficient legal services to businesses throughout:

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We can accommodate clients at our Pawtucket location or we can meet you at your office to address your legal matters. Call (401) 725-1810 or (800) 511-1347 or contact us online today to schedule your initial consultation.

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Law Offices of Edward G. Lawson
260 Lonsdale Ave
Pawtucket, RI 02860
Phone: 401-725-1810
Phone: 800-511-1347
Fax: 401-725-2244
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