Legal Question in Family Law in Rhode Island

My spouse and I just move back to RI in July 2009 from Fl. We are separated and we have both agreed we want to terminate our marriage. What is the quickest way possible? We are in the process of filing for bankruptcy at the same time so there is not anything to divide up. I have heard that there is a residency requirement in the state of RI. Is there any way around that? What do I have to do to get this divorce over and done with as soon as possible? We still have our Fl drivers license but we have a PO Box in RI since August. Can my lawyer represent me in Fl if I cant file in RI?


Asked on 11/18/09, 1:40 am

1 Answer from Attorneys

Christopher Pearsall Law Office of Christopher A. Pearsall, Esquire

You state that you moved back to Rhode Island in July 2009 from Florida. I am a Rhode Island lawyer and am not licensed in Florida so I cannot comment on the laws in Florida regarding residency, etc... in Florida to file for divorce.

In Rhode Island you must be a continuous resident and domiciled inhabitant of the State of Rhode Island for at least one year immediately before you file for divorce in the State of Rhode Island. The residency requirement in Rhode Island is by Rhode Island law. Therefore, you must wait until July of 2010 before you may file for divorce in Rhode Island.

You will have to check with a Florida Divorce Lawyer to see if there are any circumstances under which you can qualify to file for divorce in Florida.

If you need a good divorce lawyer in Rhode Island when we reach July of 2010, feel free to contact me. You can learn more about Rhode Island Divorce and Family Law at www.RhodeIslandDivorceTips.com.

My very best to you in your divorce matter.

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Answered on 11/23/09, 6:25 am


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