Divorce can be a complex process. It is filled with legal terminology and proceedings that can make your head spin, especially if you are unfamiliar with the legal world.
This article serves as a guide for beginners embarking on a divorce. It helps clarify the process and some of the language you will encounter along the way.
Step 1: Filing for Divorce
How to File a Divorce Petition
To file a divorce petition, you must complete the necessary forms and submit them to the Family Court Clerk. Make sure to read the forms carefully and include all necessary documentation. There will also be fees for filing, so make sure you have the funds to follow through.
Residency Requirements
To file for a divorce in Rhode Island, at least one spouse have lived in the state for at least one year.
Grounds for Divorce in Rhode Island
In a legal context, "grounds" refers to the reasons or justification for taking legal action. Rhode Island recognizes both "no-fault" and "fault" grounds for divorce. In a “no-fault” divorce, couples do not accuse one another. They simply decide to separate. In a “fault” divorce, one side accuses the other. Grounds for a “fault” divorce include adultery, desertion, and extreme cruelty.
Step 2: Serving Divorce Papers
When one person sends an official notice to the other, such as in a lawsuit or a divorce, they are “serving” that other person. In Rhode Island, you can serve divorce papers via a sheriff, private process server, or certified mail to confirm receipt.
Step 3: Response and Counterclaim
The Served Spouse Responds
The served spouse can file a response, acknowledging that they received the notice. They can also file a counterclaim, where they make allegations against you. In such situations, you will need an attorney’s help to fight these claims in court.
Step 4: Temporary Orders
In most cases, the next step is creating and enforcing temporary orders. These orders address needs like child support and spousal support. They help ensure financial stability and safeguard dependents’ well-being during the divorce process. Temporary orders generally last until the divorce is finalized, and the court has determined long-term support orders.
To request temporary orders, a spouse must submit a formal motion to the Family Court, including supporting documents to verify their request.
Step 5: Discovery Process
The “discovery process” refers to the formal procedure where both spouses exchange information and documents relevant to the divorce proceedings. Such documents include financial records, property deeds, and other pertinent details.
In cases where there are allegations of abuse or other misdeeds, discovery will include evidence of these offenses. This evidence could include physical objects, medical records, photographic evidence, and so on.
Discovery may also include witness accounts. These accounts will require written questions, depositions, oral testimony, and document requests.
Step 6: Negotiation
Not all divorces must go to court. Often, spouses can create their own terms and agreements. Mediation is a great method for working together.
Mediation involves a neutral third party who facilitates divorce negotiations. During these talks, spouses interact directly. In the best-case scenarios, neither party “wins” or “loses.” Spouses may be able to reach fair, amicable resolutions together.
Step 7: Court Hearings and Trial
When negotiations fail, or working together is not an option, the divorce must go to court.
Preliminary Court Hearings
Before the actual trial begins, spouses attend “preliminary hearings.” During these hearings, the court reviews temporary orders, addresses pretrial motions, and establishes a schedule for the trial process. Be prepared to present your case, setting the tone for the upcoming trial.
It may be possible to reach an agreement during these hearings, avoiding the need to move on to trial.
The Divorce Trial Process
If the preliminary hearings do not result in an agreement, the spouses go to trial. In this process, both spouses present evidence and testimony to prove their claims. The judge then makes final decisions on all issues where spouses cannot agree. The trial can take days, months, or even years, depending on the complexity of the case and the allegations introduced.
Step 8: Finalizing the Divorce
Submit Paperwork
Once all decisions are made, you will finalize the divorce through paperwork. You attend the final hearing and receive the divorce decree. Once you submit this decree, the marriage is officially over.
This decree outlines custody arrangements, asset division, spousal support, and child support, formalizing the terms.
The Benefits of Hiring an Attorney for Your Divorce
As you can see, the divorce process can be lengthy and complicated. It’s best to include an attorney in the process, even if you and your spouse are working together for an amicable solution.
A good lawyer provides:
- Objective advice
- Experienced legal guidance
- Help with complex legal procedures
- Protection for your rights and interests
- Effective representation in court, if necessary
- Help with negotiations, if you are working with your spouse
McIntyre Tate LLP can help you in your divorce. To meet with our team, you can contact us online or call our office at (401) 351-7700.