Uncontested Divorce in Rhode Island

It has been observed that most of the divorcing couples choose an uncontested divorce with the aim of saving time and money and avoiding stress. Moreover, after being granted an uncontested divorce, the divorced partners can communicate with each other in a better manner and the minds of their children are not adversely impacted by the divorce.

Models of Uncontested Divorce in Rhode Island

No children and no assets

The divorcing parties do not have any joint debt, children, real estate or assets. Consequently, there is no need of a property settlement agreement. This situation can be regarded as a truly uncontested divorce. In such a scenario also, the lawyer has sufficient work to perform. The divorcing parties must attend the nominal divorce hearing in the court. As this type of divorce demands the least amount of time from the lawyer, it is one of the least expensive one. The lawyer may charge a flat fee as there are no issues that are to be resolved.

Children and Property distribution involved

The divorcing partners agree considerably regarding several issues of divorce like debt issues, real estate issues, automobile issues, alimony, child visitation, child custody, child support and property division. The role of the lawyer is to prepare the property settlement agreement. When assets are to be divided, then, qualified domestic relation orders, promissory notes, mortgages, deeds and the like are prepared by the lawyer. Thus, depending on the situation, the payment due to the lawyer and thereby the expenditure of the divorce varies.

An actually minimally contested Uncontested Divorce

In case of visitation, the divorcing partners agree that there would be a reasonable visitation, but cannot work out the exact dates and times. It may happen that the divorcing partners agree regarding child custody and child support on most but not all particulars. Thirdly, the divorcing spouses may accept that the marital residence must be sold as quickly as possible through a licensed Realtor. However, they may not reach a consensus regarding the listing price of the residence or the manner in which the proceeds of the sale should be bifurcated.

All the above cases are examples of uncontested divorces that are actually minimally contested. In these cases, the lawyers become more involved in negotiation and they try to settle the issues of conflict. The attorneys also draft a property settlement agreement that describes the various issues of a divorce. This sort of divorce is more exorbitant than a true uncontested divorce.

Track of Uncontested Divorce in Rhode Island

When a Plaintiff files for divorce, he or she has to mention the track that he or she wishes. There are two tracks in this state - the nominal track and the contested track. An uncontested divorce must be attached to the nominal track.

After an uncontested divorce is put on the nominal track, the court clerk schedules a nominal divorce hearing about 65 to 70 days from the date of filing. On this date, if any issues are not resolved, the attorneys request the Judge to hold the case till the issues are resolved. In course of time, if the issues remain unresolved, this fact is intimated to the court clerk or the Judge and the track is changed to a contested one.

Divorce Papers