Condos on Singer Island, FL, are a popular choice. This article explores the different types of uncontested divorce in Rhode Island and explains the process of obtaining an uncontested divorce. Uncontested divorces should be much less expensive then contested cases.; Article by Attorney David Slepkow; 401-437-1100.; It is a bad idea for someone to try to represent themselves without a Rhode Island lawyer in a divorce or family law matter.
In an uncontested divorce, the husband and wife agree to all or substantially all of the issues between the parties including if applicable property division, child support, child custody, child visitation, alimony, automobile issues, real estate issues, debt issues etc. The parties may need a property settlement agreement memorializing their agreements.
3); “Uncontested” divorce which is really “minimally” contested
The parties may agree to child support or child custody but not agree to all the particulars.
4) “Uncontested” divorce which really is contested
If one party wants to terminate the marriage and meets the residency requirements they can obtain a divorce whether or not the other party agrees to it or not.
Intake process, drafting divorce documents for filing and filing
Nominal or Contested Track
When a; divorce is filed, the case is put onto one of two tracks, the contested track or the nominal track. The vast majority of divorces filed are placed on the “nominal track”.; An uncontested divorce should be put onto the nominal track.; Designation on the “nominal track” does not necessarily mean that the divorce will be uncontested.
If the case is put on the nominal track then the clerk will automatically set a nominal divorce hearing upon the Plaintiff filing. If the parties cannot resolve the remaining issues they will inform the Court clerk or the judge that the case cannot be settled and the case track will be changed to the contested divorce track.; If the case track is changed there will be no hearing that date and the court will inform the parties of a future; conference date.
Pursuant to Rhode Island General Law a divorce cannot be resolved without a nominal; hearing.
Is it necessary to prove compliance with the residency requirements at the “nominal hearing” in order to obtain an uncontested 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. (This affidavit form can be easily obtained by the clerk of the Rhode Island Family Court.)
What County in the family Court should the case be filed in?
Make sure that your divorce case is filed in the appropriate County. Newport County includes; Newport, Middletown ; Portsmouth. Most Rhode Island divorce and family law attorneys have done these nominal hearing hundreds of times.