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Rhode Island: Residency Requirements for Divorce in Rhode Island
Rhode Island has its own divorce laws regarding who is eligible to file for a divorce. Each state protects its jurisdiction and makes sure the appropriate laws are applied to the appropriate cases. To prevent your case from being dismissed, make sure you meet the Rhode Island residency requirements. The most common mistake people make is believing they must divorce in the state in which they were married. This is simply not true. Most divorce cases throughout the United States are filed in the county in which the filing spouse resides.
Rhode Island Filing Requirements: In order to file for a divorce in Rhode Island, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:
No complaint for divorce from the bond of marriage shall be granted unless the plaintiff has been a domiciled inhabitant of this state and has resided in this state for a period of one year next before the filing of the complaint.
The divorce would be filed in the county in which the plaintiff resides or in the county in which the defendant resides if he or she meets the 1 years residency requirement. (General Laws of Rhode Island - Title 15 , Chapter 15-5-12)
Copyright Notice: The above synopsis of Rhode Island residency requirements for divorce is original material which is owned an copyrighted by Divorce Source, Inc. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited. Violation of this notice will result in immediate legal action.
If you discover that you DO NOT meet at least one of the above residency requirements, you can consider the following 4 options:
1. Do not proceed with a divorce and attempt to save your marriage.Related Divorce Resources:
2. Establish residency in Rhode Island for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
3. Have your spouse do the filing if he or she meets the necessary residency requirements for Rhode Island.
4. Choose another state in which you or your spouse may meet the residency requirements (all state residency laws are unique, so be sure to check the state in which you were married as a potential option).
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