Rhode Island § 15-5-3 - Divorce and Separation
Full text of Rhode Island Rhode Island General Laws § 15-5-3 — Divorce and Separation, with citation guidance and answers to common questions.
§ 15-5-3. Divorce and Separation
R.I. Gen. Laws § 15-5-3
§ 15-5-3. Separation of parties as ground for dissolution — Appeal.
(a) Whenever, in the trial of any complaint for divorce from the bond of marriage or any complaint for dissolution of a marriage, it shall be alleged in the complaint that the parties have lived separate and apart from each other for the space of at least three (3) years, whether voluntarily or involuntary, the court shall, upon a finding that the allegation is true, enter a decision pending entry of final judgment of divorce, which may include provisions for alimony.
(b) Final judgment shall not be entered until the expiration of twenty (20) days after entry of the decision pending entry of final judgment or, if the time for taking an appeal has been extended pursuant to Rule 4 of the Rules of Appellate Procedure, Article I, Rule 4 of the Supreme Court Rules, until the expiration of the extended period.
(c) Final judgment may be entered ex parte and in chamber on the suggestion of the prevailing party.
(d) If no final judgment is presented to the court for entry within one hundred eighty (180) days next after the expiration of twenty (20) days from the date of decision, a final judgment may be entered only in open court and on motion or written consent of the attorneys or parties.
(e) Notice of the filing of the motion shall not be required in cases in which the original complaint is unanswered.
(f) The taking of an appeal shall operate as a stay of the judgment during the pendency of the appeal. Upon motion and for good cause shown:
(1) The family court may, prior to the filing of a notice of appeal, order that the judgment become final and operative immediately; and
(2) The supreme court may, in the event an appeal is taken, vacate the automatic stay provided under this section.
History of Section.
G.L. 1896, ch. 195, § 3; G.L. 1909, ch. 247, § 3; G.L. 1923, ch. 291, § 3; G.L. 1938,
ch. 416, § 3; G.L. 1956, § 15-5-3; P.L. 1972, ch. 214, § 1; P.L. 1976, ch. 338, §
1; P.L. 1977, ch. 104, § 1; P.L. 1979, ch. 329, § 1; P.L. 1984, ch. 233, § 1; P.L.
1996, ch. 404, § 9; P.L. 2016, ch. 13, § 1; P.L. 2016, ch. 14, § 1.
Frequently Asked Questions About Rhode Island § 15-5-3
What does Rhode Island General Laws § 15-5-3 cover?
Section 15-5-3 ("Divorce and Separation") is part of the Rhode Island General Laws, the codified statutory law of Rhode Island. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Rhode Island § 15-5-3?
A common citation format is "Rhode Island General Laws § 15-5-3" (Rhode Island). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Rhode Island law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Rhode Island official source linked on this page or consult a licensed Rhode Island attorney.
How does Rhode Island § 15-5-3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Rhode Island can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Rhode Island.