Rhode Island Uncontested Divorce

Forms For Uncontested Divorce in Rhode Island

Divorce in Rhode Island

Rhode Island Uncontested Divorce: Approximately 95% of all divorce cases fall under the uncontested divorce category. An uncontested divorce is one in which the involved parties reach a settlement agreement without depending on a court for any decisions other than ruling on provided paperwork.

This process has many advantages over a divorce case in which a Rhode Island court must impose its decisions.

The biggest advantage of an uncontested divorce case is the fact that it tends to be cheaper and faster than contested cases.

This is because both parties reach an agreement themselves rather than make a court listen to multiple arguments, witnesses, and often conflicting counsel.

In fact, in many contested cases, neither party ever feels satisfied at the outcome of the court’s decisions.

By agreeing to all terms spelled out in the divorce papers, both parties maintain more control over their lives, and often maintain a better relationship immediately after the Rhode Island uncontested divorce is granted.

Rhode Island Uncontested Divorce

This is especially important where children are involved.

Moreover, since divorce is really a legal family dispute, by reaching an agreement in the beginning rather than dragging out arguments in court, stress is reduced and children are sheltered from most of the litigation process.

Another little known advantage to uncontested divorce is often a greater degree of confidentiality.

In contested cases, a great amount of detail covering finances and lives must be shared with both attorneys and the court.

Rhode Island uncontested divorces contain divorce papers that are public record, but many disclosures and agreements between the parties happen during preparation and are not part of court records.

To obtain an uncontested divorce in Rhode Island, both residency and no-fault divorce grounds have to be met. This information can be found under Title 15 of the Rhode Island general laws, specifically section 5.

To meet the residency requirement, either spouse must have been a Rhode Island resident for at least the past year. The only no-fault or uncontested divorce grounds are irreconcilable differences or living separate and apart without cohabitation for three years or more.

When seeking an uncontested divorce, in many cases an attorney is not needed. The clerk of the court’s office in each of the four counties throughout Rhode Island will provide any divorce seeker with all necessary legal forms and instructions on how to fill out the forms.

The downside of not hiring an attorney is the lack of legal counsel when questions arise, but many questions can be answered by doing both online and library research for information on Rhode Island divorce laws and divorce information.

Finding legal counsel for specific questions can be difficult as employees of the court are forbidden from giving legal advice. The advantage of representing oneself is the lack of attorney fees associated with the case.

The only time a Rhode Island uncontested divorce case is not the best option is when the involved parties are not amicable and cannot reach an agreement.

In these cases, it is always recommended to seek the counsel and representation of an attorney well versed in the practice of Rhode Island divorce law.

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