2018 -- H 7894

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LC004854

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO DOMESTIC RELATIONS - DIVORCE AND SEPARATION

     Introduced By: Representatives McEntee, Knight, O'Brien, Solomon, and Ucci

     Date Introduced: February 28, 2018

     Referred To: House Judiciary

     (Judiciary)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 15-5-14 and 15-5-23 of the General Laws in Chapter 15-5 entitled

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

     15-5-14. Return day of petitions -- Notice -- Issuance of process -- Time of hearing.

Return day of complaints -- Notice -- Issuance of process -- Time of hearing.

     (a) The court may, by general rule,:

     (1) Determine determine the return day of petitions complaints for divorce; and

     (2) Prescribe prescribe the notice to be given, within or without the state, on all petitions

complaints for divorce, and;

     (3) May may issue any process that may be necessary to carry into effect all powers

conferred upon it the court in relation to the petitions complaints and divorce; and,

     (4) the court may also, by general rule, fix Fix the times, during its session, when all

petitions complaints for divorce shall be heard, as they may be filed in Providence, Newport, East

Greenwich, or South Kingstown, respectively. These general rules shall, be subject to special

orders which the court may make in special cases. Until general rules are made, special order in

each case shall be made.

     (b) Notwithstanding the provisions of subsection (a) of this section, no petition for

divorce or separation shall be in order for hearing until after the expiration of sixty (60) days after

the filing of the petition, unless sooner ordered, ex parte, by a justice of the family court. During

this period the family counseling service may investigate the circumstances at the discretion of

the court, or at the request of either party, counsel the parties, and make recommendations to the

court and the parties.

     15-5-23. Final judgment -- Remarriage.

     (a) No judgment for a divorce shall become final and operative until three (3) months

after the trial and decision. Final decree judgment from the bond of marriage may be entered ex

parte and in chambers on the suggestion of the prevailing party at any time within one hundred

eighty (180) days next after the expiration of three (3) months twenty (20) days from the date of

decision entry of the decision pending entry of final judgment. After the expiration of the one

hundred eighty (180) days, final decrees judgment 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 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.

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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 eliminate the sixty (60) day waiting period for the granting of a complaint

for divorce or separation following the filing of the complaint, and would shorten the waiting

period from three (3) months to twenty (20) days for the filing of a final judgment for divorce,

following the hearing at which the divorce is granted.

     This act would take effect upon passage.

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LC004854

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