Family Law

All the courts in Rhode Island have rules upon which they operate and which are supposed to govern their administration and substantive processes.  The Rhode Island Family Court is no exception.  The rules are called the Rhode Island Rules of Domestic Relations Procedure.  It is advisable when you are in a divorce or if you must go before the Rhode Island Family Court that you be very familiar with these rules.

Why then is this divorce article entitled, " Do the rules apply?"

The answer lies as with all things in those who are empowered to carry out and enforce these rules.  So to the extent that a particular rule relates to an administrative provision that should be adhered to then the enforcement would be directed to the person or people responsible for enforcing and administering that rule.

If the particular rule is one of law, is substantive in nature, or is procedural and relates to processes in administering rulings in court, the enforcing parties would generally be considered the judges and/or the court clerks who run the court calendar.

The answer to the question is both fundamental and practical.  Fundamentally the rules apply to the Rhode Island family court because that is their intended purpose, namely they apply because their very provisions say they apply and they have been sanctioned and approved by those with the power to make such rules.

Practically speaking, the Rules only apply part of time.  I say this because on a practical level as a practitioner I am aware that some judges and clerks may from time to time disregard one or more rules.  Some of this results from afterthoughts regarding the practicality of the rule when dealing with the actual movement of the court's calendars.

In other cases, it may be a blatant disregard for the rule or even the canons of judicial ethics because the judge disagrees with the rule or canon or because he or she has his own agenda.  This disregard is what both practitioners and litigants must be aware of because it is this conduct that may create injustices or otherwise lead to a result that conflicts with existing law.  In some instances these, shall I say, divergences from rules, canons, laws or policies are sporadic.  In other instances they may be habitual to the point of being common practice.

Why do I call this to your attention?  Simple.  You should know.  Anyone going into any arena where they must take a position and fend off the attacks of another party should be entitled to know the rules of the forum.

To this end, as a service to my own clients and to others I conclude this divorce article with these words of caution.  There are rules to the court arena you'll enter but don't be surprised if the rules suddenly change in mid-battle.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

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.