2018 -- H 7894 SUBSTITUTE A

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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. Section 15-5-14 of the General Laws in Chapter 15-5 entitled "Divorce and

Separation" is 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.

     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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