Chapter 014
2016 -- H 7891
Enacted 05/16/2016

A N   A C T
RELATING TO DOMESTIC RELATIONS - DIVORCE AND SEPARATION

Introduced By: Representatives Keable, Johnston, Edwards, Solomon, and Blazejewski
Date Introduced: March 09, 2016

It is enacted by the General Assembly as follows:
     SECTION 1. Sections 15-5-3 and 15-5-23 of the General Laws in Chapter 15-5 entitled
"Divorce and Separation" are hereby amended to read as follows:
     15-5-3. Separation of parties as ground for dissolution -- Appeal. -- (a) Whenever, in
the trial of any petition complaint for divorce from the bond of marriage or any petition complaint
for dissolution of a marriage, it shall be alleged in the petition complaint that the parties have
lived separate and apart from each other for the space of at least three (3) years, whether
voluntarily or involuntary, the court shall, upon a finding that the allegation is true, enter a
judgment decision pending entry of final judgment of divorce, which may include provisions for
alimony.
      (b) Final judgment shall not be entered until the expiration of twenty (20) days after
entry of the judgment decision pending entry of final judgment or, if the time for taking an appeal
has been extended pursuant to Rule 4 of the Rules of Appellate Procedure, Article I, Rule 4 of the
Supreme Court Rules, until the expiration of the extended period.
      (c) Final judgment may be entered ex parte and in chamber on the suggestion of the
prevailing party.
      (d) If no final judgment is presented to the court for entry within thirty (30) one hundred
eighty (180) days next after the expiration of twenty (20) days from the date of decision, after this
a final judgment may be entered only in open court and on motion or written consent of the
attorneys or parties.
      (e) Notice of the filing of the motion shall not be required in cases in which the original
petition complaint is unanswered.
      (f) The taking of an appeal shall operate as a stay of the judgment during the pendency of
the appeal. Upon motion and for good cause shown:
      (1) The family court may, prior to the filing of a notice of appeal, order that the judgment
become final and operative immediately; and
      (2) The supreme court may, in the event an appeal is taken, vacate the automatic stay
provided under this section.
     15-5-23. Remarriage -- Final decree. – Final judgment - Remarriage. -- After final
decree for divorce from the bond of marriage either party may marry again; but no decree (a) No
judgment for a divorce shall become final and operative until three (3) months after the trial and
decision. Final decree from the bond of marriage may be entered ex parte and in chambers on the
suggestion of the prevailing party at any time within thirty (30) one hundred eighty (180) days
next after the expiration of three (3) months from the date of decision. After the expiration of the
thirty (30) one hundred eighty (180) days, final decrees 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 petition 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 and shall apply to all actions for
divorce pending at the time of or filed after the effective date.
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LC005196
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