Navigating Tough Waters – Divorce Process and System – From Filing to Trial!

This is component two of a two aspect series on the Rhode Island divorce process which includes divorce strategy. Portion 1, pertians to the initial phases of a divorce from locating a Rhode Island Attorney to submitting for divorce. Be sure to see below for a backlink to part a single of this sequence.

This posting discusses divorce tactic and the divorce system soon after filing for divorce. This post is for informational applications only and does not constitute legal guidance. It is a extremely terrible concept for a particular person to stand for them selves in a Rhode Island divorce without the need of a attorney.

Nominal or Contested Keep track of

When a Rhode Island divorce is submitted, the scenario is put on to 1 of two tracks, the contested observe or the nominal keep track of. The Plaintiff in their preliminary divorce submitting designates the monitor they motivation. The extensive vast majority of divorces submitted in Rhode Island are positioned on the nominal divorce observe. A designation on the “nominal track” does not necessarily necessarily mean that the divorce will be uncontested. It typically suggests that the occasion who submitted thinks that the circumstance can be settled reasonably promptly or desires the divorce to be settled somewhat quickly.

Solution to Divorce Complaint

The defendant need to file an solution to the divorce within just 20 times of assistance and unquestionably no afterwards than the nominal court docket day or any motion date. If the Defendant does not solution the scenario he is subject matter to staying defaulted. A default is when the defendant does not answer the circumstance on a timely foundation and the Plaintiff will ordinarily get all of the relief that he or she requests.

Nominal divorce

If the circumstance is place on the nominal keep track of then the clerk will instantly set a nominal divorce listening to on the Plaintiff filing for divorce. This hearing will typically be scheduled from 65-70 times soon after the Plaintiff information. In the celebration that the divorce is not settled by the nominal divorce date then the situation will routinely be modified to the contested observe.

If the matter is not settled by the nominal court day and equally parties want to test to solve the remaining concerns in court docket and feel it is probable to solve the remaining difficulties, then the parties can attempt to settle the case in the hallway or meeting rooms in the courthouse and place the case via as a nominal uncontested divorce on that day.

If the defendant has not filed an reply, it is hazardous for the defendant to not appear in courtroom at the nominal courtroom date dependent on representations designed by the other get together.

There have been several occasions when a souse has assured the other occasion that it is not necessary to appear in court and not important to file an response and the defendant is defaulted and the other husband or wife gets 100 percent of the property of the marriage.

On the date of the nominal divorce hearing, at the call of the calendar, the scenario will be both completely ready nominal or the get-togethers will check with the decide to keep the case so they can try to resolve the remaining troubles. If the events cannot take care of the remaining troubles they will notify the Court docket clerk or the choose that the scenario cannot be settled and the situation track will be changed to the contested divorce track. If the situation keep track of is changed there will be no hearing that date and the court will tell the parties of the subsequent pretrial meeting day.

If the events question the clerk to maintain the make a difference they will usually get a considerable amount of time to negotiate the remaining problems in the hallway. On settling all the remaining spouse and children legislation difficulties which may perhaps involve troubles of assets division, little one help, boy or girl custody, boy or girl visitation, alimony, contempt troubles, restraining order troubles and so on the clerk must be educated that the circumstance is now all set nominal. At that place the clerk and decide will put you back again on the checklist of scenarios ready for the nominal listening to.

Pursuant to Rhode Island Basic Regulation a divorce simply cannot be settled without a nominal divorce hearing. At the nominal divorce listening to specific testimony ought to be elicited in buy for the divorce to be granted. In some situation, it is essential to have witnesses to briefly testify. If you don’t have the required witness your situation could be delayed or even dismissed and you may well squander your time attending court docket.

Most Rhode Island divorce and loved ones legislation lawyers have accomplished these nominal hearing hundreds of times. It is a pretty lousy plan for a individual to represent himself or herself in a divorce! As the aged adage goes a person who signifies them selves has a fool for a attorney. Since anything you have labored so tough for is on the line it is foolish to go by the Rhode Island divorce process with out Rhode Island divorce and relatives legislation lawyer.

If the circumstance was initially put on the contested monitor calendar, then the clerk did not plan any automated nominal courtroom date. If the situation later on gets to be settled then the parties can inquire the clerk for permission to appear on a certain day for the nominal divorce listening to. Or else the events can wait around for a movement day or the pretrial date to do the nominal divorce listening to.

Discovery in RI Divorce

Following the divorce is submitted the Plaintiff and or the defendant can at their option proceed with “discovery”. Discovery in normal is the system by which the functions get information or admissions from the other celebration. Discovery is most critical and probably crucial in a situation when a partner is unaware of the character and extent of the marital assets and estate. Discovery can be also useful to receive paperwork or other tangible evidence that is required for settlement or demo.

The Rhode Island discovery method also can be made use of to receive admissions of specific allegations. Though it is unethical and probably immoral for a individual to lie about dishonest or an affair to their partner it is not unlawful or felony for a individual to lie to their husband or wife about an affair. If a person lies beneath oath either in testimony or in a published doc under oath they may well be committing the crime of perjury.

Also if a choose believes a celebration is lying under oath there could be stiff sanctions and penalties such as a referral to the attorney typical for prosecution. However, in reality, most incidents of lying in relatives courtroom are not prosecuted as crimes. A lot of lawyers use request for admissions or interrogatories to power the other occasion to condition below oath irrespective of whether or not they had an affair and the extent and details regarding the added-marital affair / dishonest/ infidelity.

There are various explore mechanisms that can be utilized: interrogatories, ask for for manufacturing of documents, request for admissions, depositions, subpoena duces tecum, subpoenas and many others.


Interrogatories are published thoughts that a bash may sends to the other celebration. Just about every aspect is permitted up to 32 interrogatories. Interrogatories can be helpful in getting lists of belongings, allegations that will be manufactured by your husband or wife or other handy information. This information asked for can operate the gamut from little one help to marital infidelity and might contain: kid custody problems, baby visitation, drug and alcoholic beverages abuse, gambling addiction, alimony, well being coverage problems, true estate issues, estate scheduling and have faith in problems, personalized harm statements, domestic violence / restraining orders, prison background, valuation of assets, psychological wellbeing heritage and any Rhode Island family members law concerns.

Interragaoties should be answered in the time frame established by the Rhode island domestic Court Regulations. Interrogatories are commonly partially published and also reviewed by your husband or wifes’ attorney. Hence, when a valuable instrument there are some limits to the usefulness of the info obtained.

Ask for for Admissions

Requests for admissions when made use of appropriately can be a potent discovery instrument in a RI divorce. Request for admissions are written requests generally geared up by the lawyer, which the other get together ought to reply in just a quick period of time of time. If the celebration does not reply to the ask for for admissions in just the relevant time the allegation will be considered admitted.


A Deposition is when a occasion commonly by means of their law firm can inquire their partner inquiries underneath oath in front of a court docket reporter. In Rhode Island family members Court, a bash have to acquire leave of court docket / authorization from the court docket in order to choose a deposition. Motions to consider deposition of the other social gathering are nearly generally granted by Relatives Court docket Judges. Depositions are strong however high priced discovery tools. A deposition commonly is productive due to the fact the legal professional can question the other party inquiries confront to deal with. The legal professional can check with follow up concerns and can check with issues in various methods. This is significantly powerful if a party is remaining evasive or much less than forthcoming. There is really little the other attorney can do to help their clientele response the issues through a deposition.

Depositions are extremely costly due to the fact the Court reporters transcript could expense various hundred bucks. Also the legal professional carrying out the deposition will will need potentially many several hours to get ready for the deposition. Also both equally lawyers will want to attend the deposition, which could just take up to numerous several hours. Depositions are normally much better methods to get information and facts about sensitive matters then interrogatories.

Ask for for Creation of Documents

Ask for for production of documents is a list of requested files that will have to be responded to within just the relevant time period of time. I locate this discovery software to be especially productive in acquiring paperwork and information about: pension plan documents, 401k information, retirement accounts, employment files, wage paperwork, health insurance information, inventory accounts, estate scheduling paperwork, lender statements, true estate files and many others.


A Subpoena Duces Tecum can be incredibly powerful in obtaining paperwork from third functions this sort of as bank records, stock documents, work and wage documents and other files.

The third section of this a few aspect collection which is coming quickly addresses getting ready for a Divorce demo to the actual divorce demo to the entry of Final Judgment