2016 -- H 8258

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LC006061

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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: Representatives Lima, Costantino, Fellela, McEntee, and Carson

     Date Introduced: May 26, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 15-5 of the General Laws entitled "Divorce and Separation" is

hereby amended by adding thereto the following section:

     15-5-30. Waiver of financial disclosures. – (a) In any uncontested petition for divorce,

divorce from bed and board, or relief without the commencement of divorce proceedings, where

no children or dependents are involved, and upon the execution of a waiver of final disclosure,

the family court shall not require the disclosure of any financial information of either party.

     (b) The waiver of financial disclosure authorized pursuant to subsection (a) of this section

shall be filed with the court and shall include all of the following representations:

     (1) Both parties have completed and exchanged a current income and expense declaration

that includes all material facts and information regarding that party's earnings, accumulations, and

expenses.

     (2) Prior to the execution of the waiver, both parties have fully disclosed all material facts

and information regarding the characterization of all assets and liabilities, the valuation of all

assets and the amounts of all obligations for which each party has a liability.

     (3) The waiver is knowingly, intelligently, and voluntarily entered into by each of the

parties.

     (4) Each party understands that this waiver does not limit the legal disclosure obligations

of the parties, but rather is a statement under penalty of perjury that those obligations have been

fulfilled. Each party further understands that noncompliance with those obligations will result in

the court setting aside the judgment.

     (c) The clerk of the family court is hereby authorized to prepare a "waiver of financial

disclosure" form to be filed pursuant to this section referencing the agreement between parties to

waive any financial disclosures to the family court.

     SECTION 2. This act shall take effect upon passage.

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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 authorize the family court to accept a waiver of financial information in

uncontested divorces with no children or dependents.

     This act would take effect upon passage.

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LC006061

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