DIY Uncontested Rhode Island Divorce Checklist - Proceed with Caution
Handling Your Divorce Without a Divorce Attorney
Can you represent yourself without a divorce lawyer in your own uncontested divorce in Rhode Island? You can use this uncontested divorce checklist at your own risk, but it’s not recommended. If your divorce is uncontested, you have no minor children, no retirement funds, no joint debts and each have your own health insurance, you can use this checklist as a guide. But you need to be able to properly file the initial documents, give proper notice to your spouse, establish the necessary facts for the hearing, make the right requests of the court and file the correct orders in the right format and according to the required timetable. Countless couples have failed to get through the process on their own at all. Many couples have successfully gotten through the hearing only to find that they couldn’t get the final orders filed properly and they remain married!
NOTE: This list is not legal advice. It is an uncontested divorce checklist. The best legal advice we can give you is to hire a divorce attorney.
Contact us for representation.
File the Initial Documents to Start the Divorce
The below documents must ALL be filed to begin a divorce
NOTE: If you want to do your own divorce but need assistance preparing the documents we can provide those limited services, as well.
After Your Rhode Island Divorce is Filed
- Get the Summons from the Court and serve your Spouse. Your hearing date will be on the Summons.
Your Hearing
- Your spouse, if present without a divorce attorney, must enter their appearance, pro se
- You must testify to the following:
- Your name and address
- The name of your spouse and their address, if you know it (Spouses sometimes don't appear for the hearing)
- That you lived in Rhode Island at least one year prior to when you filed the complaint, or that your spouse did.
- The date and location of your marriage
- A general description of the problems that ended your marriage; for instance, you grew apart; you argued; you developed different lifestyles, etc.
- That the problems caused a breakdown of the marriage
- That you believe it's impossible to fix the marriage
- That you would like a divorce
- That you have no minor children
- Your level of education
- Your employment, income and years at current employment
- Your general health
- That you believe you can support yourself without the assistance of your spouse in the way of alimony
- That you want to waive alimony and you want our spouse denied alimony
- That you have no real estate either individually or together
- That you have no joint debts
- That you have divided all your personal property and cash accounts
- That neither one of you has any retirement accounts or pensions
- That you each have your own health insurance and will be responsible for your own health and health insurance costs/
- That you have divided all your personal property and cash accounts
- Your spouse or a witness must also testify that one of you lived in RI for at least one year prior to when you filed divorce AND that they are aware that there were problems with the marriage.
- Some judges require another witness to testify to these facts, though some will accept a witness affidavit or offer of proof. Some judges will waive the requirement entirely.
After Your Rhode Island Uncontested Divorce Hearing
- At the end of the testimony the judge will read the decision. Take notes because you have to prepare an order that is called the Decision Pending Entry of the Final Judgment. It must be filed and served upon your spouse in enough time that your spouse has 7 days to object and the order can still be entered within 30 days of the hearing.
- File the Final Judgment 91 days after your hearing
*** Need help getting the Interlocutory and Final Judgment entered? We can do that for you even if you handle the divorce yourself. Check out our Divorce Document Preparation Services.
We hope this uncontested divorce checklist helps you, but contact us for a free consultation before you use it. Getting through the divorce process is not easy without the help of an experienced divorce attornney.