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:

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

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

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

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

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

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

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

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

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alimony.

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

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

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

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

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

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prevailing party.

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

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

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

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attorneys or parties.

 

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

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petition complaint is unanswered.

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

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the appeal. Upon motion and for good cause shown:

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

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become final and operative immediately; and

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

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provided under this section.

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

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

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

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

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

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

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

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

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

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

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may marry again.

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

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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

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

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

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order to avoid unnecessary motion practice.

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

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

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