A simple uncontested divorce is a divorce that a Rhode Island divorce lawyer can typically complete for a relatively inexpensive flat fee. In a RI uncontested divorce, the attorney and the parties must still attend court for a brief hearing.

The hallmark of a flat fee uncontested divorce is a divorce with: (1) no assets, no real estate, no children and no joint debt or (2) the parties have minimal assets and entanglements and have agreed to everything and no property settlement agreement is needed.

The lawyer must complete an intake process in which the lawyer gets the basic information so that the divorce papers can be filed. The attorney uses the information obtained from the intake to draft the documents. You need to provide the lawyer with your pay stub from work and your marriage certificate.

The next step is to sign the documents in front of the lawyer or another notary. The following documents are required: Complaint, DR(6) financial statement, statement of children, counseling statement, marriage certificate, report of divorce, summons and automatic divorce order.

The financial statement must be accurately and truthfully completed. After the documents have been signed and notarized, the case must be filed. A Court date of approximately 65-70 days will be set by the clerk upon filing. The Defendant must then be served by a RI constable! If the Defendant lives out of state he or she can be served by certified mail.

On the date of the nominal hearing, at the call of the calendar, the case will be called “ready nominal”. A hearing is required under RI law Pursuant to Rhode Island General Law. A divorce cannot be resolved without a nominal hearing.

At the nominal hearing certain testimony must be elicited in order for the divorce to be granted. In some circumstances, it is necessary to have witnesses to briefly testify to prove residency. If you don’t have the required witnesses your case could be delayed or even dismissed and you may waste your time attending court.

In order to obtain a divorce, you need to have been a domiciled inhabitant and resident of Rhode Island for one year prior to your filing. There are exceptions to the residency requirements for people in the armed forces who are stationed abroad or in other states.

A filing can also be based on a persons husband’s/ wife’s residency for one year prior to the filing. It does not matter if you change your residency or move out of town the next day. It only matters that you were a resident on the date of the filing and for one year before!

In order to prove residency, it is enough, if both parties appear at the nominal court date and testify that at least one of the parties was a domiciled inhabitant and resident of Rhode Island for one year prior to the filing of the complaint for divorce.

The Court will usually waive the requirement for an additional witness if both spouses attend the court date and testify that one party had the requisite residency.

If only one party attends the nominal court date then you need to do the following in order to obtain a divorce (a) bring two additional witnesses to testify to the one year residency of the Plaintiff or the Defendant or (b) one witness in court to testify to the one year residency of the Plaintiff and an affidavit from a different witness concerning the person’s residency.

If you do not meet these requirements to prove residency your case may be dismissed. You also may be given additional time to obtain the necessary witnesses or affidavit

After the nominal Court date a Decision Pending Entry of Final Judgment must be submitted to the Court and signed by the Judge.

The Final Judgment can not be submitted or entered until 90 days after the nominal Court date.

Without a final judgment signed by the judge and entered as an order of the Court, the divorce will not be final.

Rhode Island legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all attorneys in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.

By: David Slepkow

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