Helping You Through Your Divorce Proceedings
At Hoopis & Hoopis, we understand that this is an unsure time for you. You are facing difficult decisions and major life changes. Our Rhode Island divorce attorneys do everything we can to make this transition easier for you and to help you understand the legal process you face.
Learn more in a free consultation
Our attorneys offer free consultations in our Warwick and Greenville law offices. During your free consultation, we will ask you basic questions about your divorce and discuss your options. Even though everyone's case is different, we will give you immediate information about the divorce process and what lies ahead. We will also give you forms that you need to fill out to start the process. To set up your free consultation, call us at 401-823-6266 or fill out our online contact form.
Beginning the divorce process: filing the complaint
The paperwork you fill out will require you to disclose some information about yourself and the divorce. You will only need to put very basic financial information down to meet the filing requirements. Once you have finished filling out the paperwork, we will file your case.
Your complaint will be assigned a nominal divorce date on the Rhode Island family court's track system. This date will be approximately 12 weeks (three months) from the date you filed your complaint.
Serving the complaint
Once the case is filed, we will have our constable serve the complaint on the other party. Our constable will work with you to determine the most convenient way to serve the papers in what we call "friendly service." We understand that you do not want the papers served in front of your children. We do not want your case to start out on the wrong foot — this doesn’t need to be a fight.
After service, the other party has 20 days to answer you complaint, through an attorney or by themselves.
The 12 weeks before the hearing: negotiating and mediating a settlement agreement
There are many things that can be done while you wait for the court date to approach. Most importantly, we will determine whether the case can be negotiated or mediated to a settlement. In order to reach a proper settlement agreement, all parties must be able to agree on all issues involved in the case, including child custody and support, visitation, property division and alimony.
Our Rhode Island family law attorneys are skilled negotiators who will protect your interests and the best interests of your children during divorce mediation or negotiation. If an agreement cannot be reached, we will be fully prepared to take your case to court.
Motions for temporary orders
While the case is pending, it may be necessary to ask the court to make temporary orders to guide you and your spouse on what to do with the children, marital home, etc. There will also be automatic court orders in place that prevent you or your spouse from moving, denying access to the children, accruing unnecessary debt or doing anything else that disrupts the status quo.
When an agreement has been reached: nominal divorce hearing
If you were able to come to an agreement on all of the issues in your family law case, you can appear in court on the date assigned and have a "nominal divorce hearing." The purpose of this hearing is to gain the court's approval of your agreement. Both parties testify to the grounds for divorce and the agreement reached.
The court will usually approve agreements made between divorcing spouses. It will enter a "decision pending entry of final judgment" and put temporary orders into place regarding child support, child custody and other issues.
When an agreement has not been reached: trial
If you and your spouse do not reach an agreement by the nominal hearing date on any one of the issues present in your case, you will go through a series of pretrial and status conferences. During these conferences, we will speak with the judge and the other party to attempt to resolve the issues in the case and reach a settlement.
Your divorce attorneys will also spend this time working on discovery for your case. They will ask written questions or request documents to help reveal information about the financial or other issues involved in the case.
Most cases are resolved during this pretrial and discover process. However, if you do not reach a resolution, you do not need to worry about a "never ending case." In Rhode Island, your case is part of a track system that requires a trial within one year after the complaint is filed.
At trial, you can present evidence and bring in witnesses who support your interests. You also have the opportunity to question the other party and his or her witnesses. Once trial is over, the court will enter a "decision pending entry of final judgment."
Waiting for the final judgment
There is a three-month waiting period before the court can enter a final judgment. Typically, this is a period of down time in the case where the parties must simply wait for the final judgment. Final judgment will only be delayed if there are problems in the case and one party must seek enforcement of the court orders. For example, if the parents have joint custody and one party abuses drugs or alcohol, the court will need to step in.
Final judgment
If there were no issues during the three-month waiting period, a final judgment will be enteredand your divorce finalized. You do not need to appear in court in order for the judge to enter a final judgment.
We will be by your side throughout the divorce process
Throughout the process, our divorce lawyers will remain accessible to you. We return phone calls quickly and explain every step of the divorce process to you in detail. We also make a point to give our clients every single document that we use in their case. Your file should always mirror our own.
To speak with one of our Rhode Island divorce attorneys in a free consultation, contact us. We look forward to helping you.