This is the second part of a two-part series on the Rhode Island divorce process, including divorce strategy. The first part deals with the initial stages of a divorce, from finding a Rhode Island attorney to filing for divorce. See below for a link to the first part of this series.

This article discusses divorce strategy and the divorce process after filing for divorce. This article is for informational purposes only and does not constitute legal advice. It is a very bad idea for a person to represent themselves in a Rhode Island divorce without an attorney.

Nominal or contested track

When a divorce is filed in Rhode Island, the case is placed in one of two tracks, the contested track or the nominal track. The Petitioner in his initial filing for divorce designates the path he wants. The vast majority of divorces filed in Rhode Island are placed on the nominal divorce track. A designation on the “nominal track” does not necessarily mean that the divorce will not be contested. It usually means that the party who filed the lawsuit believes the case can be resolved relatively quickly or wants the divorce resolved relatively quickly.

Response to divorce petition

The respondent must file an answer to the divorce within 20 days of service and absolutely no later than the nominal court date or any motion date. If the defendant does not contest the case, they are subject to default. A default is when the defendant fails to answer the case in a timely manner and the Plaintiff will generally obtain all of the relief requested.

nominal divorce

If the case is placed on nominal track, then the clerk will automatically schedule a nominal divorce hearing when the Petitioner files for divorce. Generally, this hearing will be scheduled 65-70 days after the Plaintiff appears. In the event that the divorce is not resolved by the nominal date of divorce, the case will automatically switch to the contested track.

If the matter is not resolved before the nominal court date and both parties want to try to resolve the remaining issues in court and believe it is possible to resolve the remaining issues, then the parties may try to resolve the case in the hallway or on the conference rooms. in court and file the case as a nominal uncontested divorce on that date.

If the defendant has not filed an answer, it is dangerous for the defendant not to appear in court on the nominal trial date based on representations made by the other party.

There have been many times where one spouse has assured the other party that there is no need to appear in court and no answer is required and the defendant defaults and the other spouse gets 100 percent of the estate. of marriage.

On the nominal divorce hearing date, at the call of the calendar, the case will be nominally ready or the parties will ask the judge to stop the case so they can try to resolve the remaining issues. If the parties are unable to resolve the remaining issues, they will inform the court clerk or judge that the case cannot be resolved and the case track will be changed to the contested divorce track. If the case is changed, there will be no hearing on that date and the court will notify the parties of the next pre-trial conference date.

If the parties ask the clerk to put the matter on hold, they will usually get a considerable amount of time to negotiate the remaining issues in the aisle. In resolving all remaining family law issues, which may include property division issues, child support, child custody, child visitation, alimony, contempt issues, restraining order issues, etc., the clerk should be informed that the case is now nominally ready. At that time, the clerk and judge will place you back on the list of cases ready for nominal hearing.

Pursuant to Rhode Island General Law, a divorce cannot be resolved without a nominal divorce hearing. At the nominal divorce hearing, certain testimony must be obtained in order for the divorce to be granted. In some circumstances, it is necessary to have witnesses to testify briefly. If you do not have the required witness, your case could be delayed or even dismissed and you could waste your time going to court.

Most Rhode Island divorce and family law attorneys have conducted these nominal hearings hundreds of times. It is a very bad idea for a person to represent themselves in a divorce! As the old adage goes, a person who represents himself has a fool for a lawyer. Since everything you’ve worked so hard for is at stake, it’s foolish to go through the Rhode Island divorce process without a Rhode Island divorce and family law attorney.

If the case was originally placed on the contested follow-up schedule, then the clerk did not schedule any automatic nominal court date. If the case is resolved later, the parties may ask the clerk for permission to attend a nominal divorce hearing on a certain date. Otherwise, the parties can wait for a motion date or pre-trial date to hold the nominal divorce hearing.

Discovery in RI Divorce

After filing for divorce, the plaintiff and/or defendant may, at their option, proceed with “discovery.” Discovery in general is the process by which the parties obtain information or admissions from the other party. Discovery is more important and perhaps crucial in a case where one spouse is unaware of the nature and extent of marital assets and property. Discovery can also be helpful in obtaining documents or other tangible evidence needed for a settlement or trial.

The Rhode Island discovery process can also be used to obtain admission of certain allegations. While it is unethical and perhaps immoral for a person to lie about cheating or an affair to their spouse, it is not illegal or criminal for a person to lie about their spouse about an affair. If a person lies under oath, either in testimony or in a written document under oath, they may be committing the crime of perjury.

Additionally, if a judge believes a party is lying under oath, they could impose severe penalties and fines, including a referral to the attorney general for prosecution. In reality, however, most lying incidents in family court are not prosecuted as crimes. Many attorneys use the request for admissions or interrogatories to compel the other party to testify under oath whether or not they had an affair and the extent and details related to the extramarital affair, cheating, or infidelity.

There are several discovery mechanisms that can be used: interrogatories, request for production of documents, request for admission, declarations, summons duces tecum, subpoenas, etc.

interrogations

Interrogatories are written questions that one party can send to the other party. Each side is allowed up to 32 interrogations. Interrogatories can be helpful in obtaining lists of assets, allegations your spouse will make, or other useful information. This requested information can range from child support to spousal infidelity and may include: child custody issues, child visitation, drug and alcohol abuse, gambling addiction, alimony, health insurance issues, real estate, estate planning and trust issues, personal injury claims, domestic violence/restraining orders, criminal records, asset valuation, mental health history, and any Rhode Island family law issues.

Intergaoties must be answered within the time frame established by the Rhode Island Rules of the National Courts. Interrogatories are usually partially written and are also reviewed by your husband’s or wife’s attorney. Therefore, while it is a valuable tool, there are some limitations to the usefulness of the information received.

Admissions Application

Admission applications, when used properly, can be a powerful discovery tool in an RI divorce. Applications for admission are written requests that are usually prepared by the lawyer, to which the other party must respond within a short period of time. If the party does not respond to the request for admission within the corresponding period, the allegation will be deemed admitted.

bowel movements

A deposition is when a party, usually through their attorney, can question their spouse under oath in front of a court reporter. In Rhode Island Family Court, a party must obtain permission from the court/court permission in order to take a deposition. Motions to take a statement from the other party are almost always granted by Family Court judges. Depositions are powerful but expensive discovery tools. A deposition is usually effective because the attorney can personally ask the other party questions. The attorney may ask follow-up questions and may ask questions in a variety of ways. This is particularly effective if one party is evasive or uncommunicative. There is very little the other attorney can do to help their clients answer questions during a deposition.

Depositions are very expensive because the transcript from court reporters can cost several hundred dollars. Also, the attorney doing the deposition may need several hours to prepare for the deposition. Additionally, both attorneys will need to attend the deposition, which could take several hours. Affidavits are often a better way to obtain information on sensitive topics than interrogations.

Document Production Request

The Document Production Request is a list of requested documents that must be responded to within the applicable time period. I find this discovery tool to be particularly successful in obtaining documents and records related to: pension plan documents, 401k records, bills, employment documents, retirement documents, health insurance records, stock accounts, retirement documents, etc. estate planning, bank statements, real estate documents, etc. .

Citation

A Duces Tecum Subpoena can be very effective in obtaining documents from third parties, such as bank records, stock records, employment and salary records, and other documents.

Part three of this soon to be published three-part series addresses preparing for a divorce trial, the actual divorce trial, and entering the doomsday.