2018 -- S 2693 | |
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LC004875 | |
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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 | |
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Introduced By: Senator Erin Lynch Prata | |
Date Introduced: March 20, 2018 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 15-5-14 and 15-5-23 of the General Laws in Chapter 15-5 entitled |
2 | "Divorce and Separation" are hereby amended to read as follows: |
3 | 15-5-14. Return day of petitions -- Notice -- Issuance of process -- Time of hearing. |
4 | Return day of complaints -- Notice -- Issuance of process -- Time of hearing. |
5 | (a) The court may, by general rule,: |
6 | (1) Determine determine the return day of petitions complaints for divorce; and |
7 | (2) Prescribe prescribe the notice to be given, within or without the state, on all petitions |
8 | complaints for divorce, and; |
9 | (3) May may issue any process that may be necessary to carry into effect all powers |
10 | conferred upon it the court in relation to the petitions complaints and divorce; and, |
11 | (4) the court may also, by general rule, fix Fix the times, during its session, when all |
12 | petitions complaints for divorce shall be heard, as they may be filed in Providence, Newport, East |
13 | Greenwich, or South Kingstown, respectively. These general rules shall, be subject to special |
14 | orders which the court may make in special cases. Until general rules are made, special order in |
15 | each case shall be made. |
16 | (b) Notwithstanding the provisions of subsection (a) of this section, no petition for |
17 | divorce or separation shall be in order for hearing until after the expiration of sixty (60) days after |
18 | the filing of the petition, unless sooner ordered, ex parte, by a justice of the family court. During |
19 | this period the family counseling service may investigate the circumstances at the discretion of |
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1 | the court, or at the request of either party, counsel the parties, and make recommendations to the |
2 | court and the parties. |
3 | 15-5-23. Final judgment -- Remarriage. |
4 | (a) No judgment for a divorce shall become final and operative until three (3) months |
5 | after the trial and decision. Final decree judgment from the bond of marriage may be entered ex |
6 | parte and in chambers on the suggestion of the prevailing party at any time within one hundred |
7 | eighty (180) days next after the expiration of three (3) months twenty (20) days from the date of |
8 | decision entry of the decision pending entry of final judgment. After the expiration of the one |
9 | hundred eighty (180) days, final decrees judgment may be entered only in open court and on |
10 | motion or upon written consent of the attorneys or parties. Notice of the filing of the motion shall |
11 | not be required in cases in which the original complaint is unanswered. |
12 | (b) After entry of the final judgment for a divorce from the bond of marriage, either party |
13 | may marry again. |
14 | 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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1 | This act would eliminate the sixty (60) day waiting period for the granting of a complaint |
2 | for divorce or separation following the filing of the complaint, and would shorten the waiting |
3 | period from three (3) months to twenty (20) days for the filing of a final judgment for divorce, |
4 | following the hearing at which the divorce is granted. |
5 | This act would take effect upon passage. |
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