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

     

     Introduced By: Senator Erin Lynch Prata

     Date Introduced: March 20, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 15-5-14 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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     15-5-14. Return day of petitions -- Notice -- Issuance of process -- Time of hearing.

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

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

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

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

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complaints for divorce, and;

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

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

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

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

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

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

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each case shall be made.

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

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

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

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

 

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

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court and the parties.

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

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

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

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

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

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

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hundred eighty (180) days, final decrees judgment 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 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.

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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

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

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

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following the hearing at which the divorce is granted.

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     This act would take effect upon passage.

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