Legal Question in Family Law in Rhode Island

Rhode Island Uncontested Divorce: Do Both Parties need to attend Family Court to obtain a RI divorce?

No. In a Rhode Island uncontested Divorce both parties are not required to attend Court in order to obtain an uncontested divorce from a RI Judge.

So long as the Defendant is properly served with the summons pursuant to the rules of the Family court, the Defendant will be defaulted if he or she does not attend Court. The plaintiff will in all likilihood obtain the relief she requests at the hearing.

If the Defendant does not appear then the Plaintiff must have two witnesses in Court to testify or a witness to testify and an affidavit from another witness to establish her residency in Rhode Island (RI) for one year prior to filing.

There cannot be a divorce in Rhode Island without a brief hearing called a "nominal" divorce hearing. The plaintiff must also have an affidavit of non military service.

I strongly suggest that you speak with a Rhode Island Divorce Lawyer or a Rhode Island Family Law / Child support / Child Custody Attorney. Feel free to call me.

Re: RI hearing process

No, both parties do not need to be present for an uncontested divorce. However, one party with a divorce complaint or counter-claim must be present.

For instance, if you file for divorce and your spouse answers the divorce but doesn't file a counterclaim for divorce then you as the filing party MUST be present to press your request for a divorce because your spouse has not asked for a divorce.

Also, if there is a written Marital Settlement Agreement that is signed by both parties, it cannot be approved by the court as part of the divorce and found to be fair and equitable by the court unless both parties are present to verify their signatures, confirm that the document was signed freely and voluntarily and state that they each consider the agreement to be a fair and equitable division of their marital estate.

Should you need legal assistance or representation, please do not hesitate to contact me.