The first step in getting a divorce from your spouse is finding a Rhode Island attorney with whom you feel comfortable. Many attorneys provide free initial consultations, while others charge for the first consultation. I have always taken the position that initial consultations will be free.
It is important to ask the proposed attorney about their experience and qualifications to handle your case. It is also crucial to determine the hourly charge and the amount of any initial fee or retainer.
It is often impossible to determine how much a divorce will cost from start to finish. However, it is a good idea to get an informed estimate of the final fee. This will usually never be more than an estimate because the cost of a divorce usually depends on several factors. Those factors could include how quickly a settlement is reached, the number of motions to be filed by each party, the amount/nature and complexity of assets to be divided equally, the number of documents involved in the case, the animosity of the parties with each other, the waiting time while in court and many other potential problems.
The rule of thumb is that the longer it takes to reach an agreement, the more the divorce will cost because the lawyers will spend much more time working on the case. If there is no agreement and the case goes to trial or on trial day, the divorce could be very expensive. If everything is settled or nearly settled and the parties are relatively amicable, then the divorce should take much less time and therefore be much less expensive.
Uncontested divorces in Rhode Island should be much less expensive than contested divorces. However, there are many different types of mutual consent divorces. There are consent divorces without real property and consent divorces with property to be divided. If the divorce is uncontested and there are assets, the attorney may need to prepare an estate settlement agreement, deeds, qualified domestic relations orders, etc. Therefore, the cost of an uncontested divorce can vary depending on the circumstances. For example, if an attorney has to draft an estate settlement agreement, the attorney will spend more time on the case.
I think a fair price for a soup to nuts uncontested divorce in Rhode Island with no assets and no property settlement agreement is about $800 flat fee plus costs. Typical costs are a filing fee of $100 and process service fees of approximately $40.
Once you have hired the attorney, there is usually an intake process where the attorney obtains basic information in order to properly represent you. The attorney usually drafts the divorce papers and you sign them in front of him or her or another notary. These documents include a petition for divorce, DR(6) financial statement, statement of children of the marriage, statement of advice, report of divorce, summons and automatic divorce order, etc. It is important that the DR6 form, also known as a financial statement, is filled out accurately.
There are many important decisions that need to be made before filing for divorce in Rhode Island. Strategy is crucial in many cases!
In some cases, the attorney will file a motion for temporary orders when the divorce petition is filed. A motion for temporary orders should be filed if the husband or wife needs a temporary resolution of the issues while the case is being processed. These temporary motions typically request temporary child support, child care payment/contribution, contribution to medical bills, alimony, payment of household expenses, mortgage payment, taxes, and insurance. A motion for temporary orders can also address visitation and child custody issues related to minor children, as well as issues related to exclusive use and possession of the marital home. The temporary motion can also request temporary orders related to: both financial and personal restraining orders and a myriad of other temporary matters. The motion for temporary orders will generally be heard by the Court within 30 to 40 days after the petition for divorce is filed.
If no temporary orders are entered, then there is no legal obligation for a spouse to pay anything while the case is ongoing until there is a decision by the judge or the parties sign an Estate Settlement Agreement. If there are no temporary orders, financial issues, visitation, and custody will be up to the parties while the case continues without the benefit of a court order.
If there is an emergency where irreparable harm will be caused if the party has to wait for a court date, then an emergency motion must be filed with the lawsuit. An emergency motion must be verified under oath or accompanied by an affidavit. The attorney will take the emergency motion to the appropriate judge and request an ex parte order. Ex parte means that the other party is not present to object. The Rhode Island judge will only consider the affidavit and documentation before him. If the judge signs the emergency order, the bailiff will serve it on your spouse along with the divorce petition.
These types of emergency motions generally deal with issues related to the abuse of a child, dissipation or unreasonable expenditure of marital property, domestic violence, child abuse, or a plethora of other potential emergencies. If there is domestic violence involved where you are in imminent fear of physical harm or have been abused or threatened with abuse, talk to the attorney about the benefits of filing a separate case called Abuse Complaint Protection. Keep in mind that the protection of complaints against abuse is very different from an emergency motion.
When the Divorce or Protection of Abuse Complaints case is filed first or if they are filed simultaneously could be crucial to your case.
If an emergency motion is granted and emergency orders are entered, a hearing will be scheduled for approximately 20 days to determine if the order should remain in effect while the divorce case is processed. At that hearing, your spouse has a chance to contest the motion and tell their side of the story. At that hearing, the Court will determine whether the emergency relief will remain in effect while the divorce case proceeds.
See the second part to be completed later, which describes the process from the filing of the complaint to the divorce nominal hearing.