2016 -- S 2661

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LC005205

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO DOMESTIC RELATIONS - DIVORCE AND SEPARATION

     Introduced By: Senators Lynch Prata, McCaffrey, Lombardi, and Archambault

     Date Introduced: February 25, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 15-5-3 and 15-5-23 of the General Laws in Chapter 15-5 entitled

"Divorce and Separation" are hereby amended to read as follows:

     15-5-3. Separation of parties as ground for dissolution -- Appeal. -- (a) Whenever, in

the trial of any petition complaint for divorce from the bond of marriage or any petition complaint

for dissolution of a marriage, it shall be alleged in the petition complaint that the parties have

lived separate and apart from each other for the space of at least three (3) years, whether

voluntarily or involuntary, the court shall, upon a finding that the allegation is true, enter a

judgment decision pending entry of final judgment of divorce, which may include provisions for

alimony.

      (b) Final judgment shall not be entered until the expiration of twenty (20) days after

entry of the judgment decision pending entry of final judgment or, if the time for taking an appeal

has been extended pursuant to Rule 4 of the Rules of Appellate Procedure, Article I, Rule 4 of the

Supreme Court Rules, until the expiration of the extended period.

      (c) Final judgment may be entered ex parte and in chamber on the suggestion of the

prevailing party.

      (d) If no final judgment is presented to the court for entry within thirty (30) one hundred

eighty (180) days next after the expiration of twenty (20) days from the date of decision, after this

a final judgment may be entered only in open court and on motion or written consent of the

attorneys or parties.

      (e) Notice of the filing of the motion shall not be required in cases in which the original

petition complaint is unanswered.

      (f) The taking of an appeal shall operate as a stay of the judgment during the pendency of

the appeal. Upon motion and for good cause shown:

      (1) The family court may, prior to the filing of a notice of appeal, order that the judgment

become final and operative immediately; and

      (2) The supreme court may, in the event an appeal is taken, vacate the automatic stay

provided under this section.

     15-5-23. Remarriage -- Final decree. – Final judgment - Remarriage. -- After final

decree for divorce from the bond of marriage either party may marry again; but no decree (a) No

judgment for a divorce shall become final and operative until three (3) months after the trial and

decision. Final decree from the bond of marriage may be entered ex parte and in chambers on the

suggestion of the prevailing party at any time within thirty (30) one hundred eighty (180) days

next after the expiration of three (3) months from the date of decision. After the expiration of the

thirty (30) one hundred eighty (180) days, final decrees may be entered only in open court and on

motion or upon written consent of the attorneys or parties. Notice of the filing of the motion shall

not be required in cases in which the original petition complaint is unanswered.

     (b) After entry of the final judgment for a divorce from the bond of marriage either party

may marry again.

     SECTION 2. This act shall take effect upon passage and shall apply to all actions for

divorce pending at the time of or filed after the effective date.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO DOMESTIC RELATIONS - DIVORCE AND SEPARATION

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     This act would increase the time from thirty (30) days to one hundred eighty (180) days

for a final judgment of divorce to be presented to the court for entry and would allow entry upon

written consent of the attorneys or parties before requiring entry in open court upon motion in

order to avoid unnecessary motion practice.

     This act would take effect upon passage and would apply to all actions for divorce

pending at the time of or filed after the effective date.

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