Family Law

Some people actually are confused about when they are truly divorced.  The confusion is understandable though.  Let me explain why and answer the question.

Most Rhode Island Divorces are resolved at a Nominal Hearing.  This is a hearing where everything is agreed upon and the formalities required for the court to establish jurisdiction, find the basis for the divorce, waiver of alimony, etc. . . as required
by law are simply put on the record of the court.

At the end of a Nominal Hearing, just as at the end of a trial, the hearing judge among other things grants a divorce to one or both parties.

If you simply listen to the words of the hearing judge without knowing that Rhode Island Law requires a 91 day waiting period before a judge may sign a Final Judgment of Divorce you might easily think that you are divorced at that very moment.

The answer to the question is that you are not divorced until a Final Judgment of Divorce is signed by a family court judge and entered by the clerk of court into the records of the family court.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
70 Dogwood Drive, Suite 304
West Warwick, RI  02893
Phone:  (401) 632-6976

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.