reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-12. - Domicile and residence requirements.

§ 15-5-12. Domicile and residence requirements.
(a)
No complaint for divorce from the bond of marriage shall be granted unless the plaintiff has been a domiciled inhabitant of this state and has resided in this state for a period of one year next before the filing of the complaint; provided, that if the defendant has been a domiciled inhabitant of this state and has resided in this state for the period of one year next before the filing of the complaint, and is actually served with process, the requirement of this subsection as to domicile and residence on the part of the plaintiff is deemed satisfied and fulfilled. The residence and domicile of any person immediately prior to the commencement of his or her active service as a member of the armed forces or of the merchant marine of the United States, or immediately prior to his or her absence from the state in the performance of services in connection with military operations as defined in subsection (c) of this section, shall, for the purposes of this section, continue to be his or her residence and domicile during the time of his or her service and for a period of thirty (30) days after this. Testimony to prove domicile and residence may be received through the ex parte affidavit of one witness.
(b)
Every word importing the masculine gender only shall be construed in this section to extend to and include females as well as males.
(c)
The term “services in connection with military operations” shall be construed in this section to include persons serving with the American Red Cross, the Society of Friends, the Women’s Auxiliary Service Pilots, and the United Service Organizations.
History of Section.
G.L. 1896, ch. 195, § 10; P.L. 1902, ch. 971, § 4; G.L. 1909, ch. 247, § 10; G.L. 1923, ch. 291, § 10; G.L. 1938, ch. 416, § 10; P.L. 1946, ch. 1682, § 1; G.L. 1956, § 15-5-12; P.L. 1975, ch. 214, § 1; P.L. 1979, ch. 373, § 11; P.L. 1996, ch. 145, § 1; P.L. 2004, ch. 6, § 25.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-13. - Venue.

§ 15-5-13. Venue.
(a)
All complaints for divorce from the bond of marriage and from bed and board and complaints for relief without commencement of divorce proceedings shall be filed in the county in which the plaintiff is residing, unless the complaint is based upon the residence of the defendant, in which case the complaint shall be filed in Providence County or in the county in which the defendant resides.
(b)
All complaints for divorce from the bond of marriage and from bed and board and complaints for relief without commencement of divorce proceedings may be tried and heard in the county in which the plaintiff resides, unless the complaint is based upon the residence of the defendant, in which case the complaint may be heard and tried in Providence County or in the county in which the defendant resides. In the interest of convenience, the court may, with the consent of the chief judge of the family court or any associate justice designated by him or her and the parties, order any such actions transferred to another county.
(c)
The chief judge of the family court, or his or her designee, in accordance with the provisions of the Family Court Act, § 8-10-14, may order any complaint for divorce from the bond of marriage and from bed and board and complaints for relief without commencement of divorce proceedings to be transferred to Providence County for trial on the merits should it be determined by the trial judge in the county in which the action was originally brought that the trial would require a minimum of three (3) court days for testimony. Any complaint, which is transferred under this section, shall have priority on the trial calendar in Providence County.
History of Section.
G.L. 1896, ch. 195, § 11; P.L. 1906, ch. 1304, § 1; G.L. 1909, ch. 247, § 11; G.L. 1923, ch. 291, § 1; G.L. 1938, ch. 416, § 11; P.L. 1942, ch. 1252, § 1; P.L. 1950, ch. 2493, § 1; G.L. 1956, § 15-5-13; P.L. 1969, ch. 65, § 1; P.L. 1979, ch. 373, § 11; P.L. 1982, ch. 234, § 1; P.L. 1990, ch. 219, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-14. - Return day of complaints — Notice — Issuance of process — Time of hearing.

§ 15-5-14. Return day of complaints — Notice — Issuance of process — Time of hearing.
The court may, by general rule:
(1)
Determine the return day of complaints for divorce;
(2)
Prescribe the notice to be given, within or without the state, on all complaints for divorce;
(3)
May issue any process that may be necessary to carry into effect all powers conferred upon the court in relation to complaints and divorce; and
(4)
Fix the times when all complaints for divorce shall be heard. These general rules shall be subject to special orders that the court may make in special cases.
History of Section.
G.L. 1896, ch. 195, § 12; G.L. 1909, ch. 247, § 12; G.L. 1923, ch. 291, § 12; G.L. 1938, ch. 416, § 12; G.L. 1956, § 15-5-14; P.L. 1961, ch. 73, § 7; P.L. 1987, ch. 134, § 1; P.L. 2018, ch. 171, § 1; P.L. 2018, ch. 264, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-15. - Orders as to notice.

§ 15-5-15. Orders as to notice.
Whenever any petition for divorce has been filed or is pending in the family court, and the court is of the opinion that sufficient notice of the pendency of the petition has not, from any cause, been given to the adverse party, the court may order notice or further notice to the adverse party to be given in the manner that the court may prescribe.
History of Section.
G.L. 1896, ch. 195, § 13; C.P.A. 1905, § 1220; G.L. 1909, ch. 247, § 13; G.L. 1923, ch. 291, § 13; G.L. 1938, ch. 416, § 13; G.L. 1956, § 15-5-15; P.L. 1982, ch. 63, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-16.2.1. - Credit rating.

§ 15-5-16.2.1. Credit rating.
Credit bureaus are required to take into consideration a non-custodial parent’s child support obligations and his or her delinquencies in this regard, and these delinquencies shall be verified by either the court or by the bureau of family support.
History of Section.
P.L. 1984, ch. 406, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-16.2.2. - Service of court papers at work.

§ 15-5-16.2.2. Service of court papers at work.
No employer in this state is permitted to refuse or obstruct the service of family court process relating to child or spousal support upon an employee at the place of employment and the service shall not be grounds for dismissal of the employee. The employer may designate an area where the service may be effected.
History of Section.
P.L. 1984, ch. 406, § 1; P.L. 1985, ch. 407, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-16.2.3. - Continuances — Compensation for lost wages.

§ 15-5-16.2.3. Continuances — Compensation for lost wages.
In any matter related to child support or support for a custodial parent having custody of a minor child, except when a continuance is mutually agreed upon, the court may, in its discretion, order a party requesting a continuance to compensate the other party for wages lost as a result of court attendance.
History of Section.
P.L. 1984, ch. 406, § 1; P.L. 1985, ch. 407, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-16.2.4. - Retroactive modification of child support.

§ 15-5-16.2.4. Retroactive modification of child support.
Notwithstanding the provisions of § 15-5-16.2, the court, in its discretion, may modify a child support order retroactively only to the date that notice of a petition to modify was given to the adverse party if it finds that a substantial change in circumstances has occurred. The court shall set forth in its decision the specific findings of fact which show a substantial change in circumstances and upon which findings of fact the court has decided to make its order of modification retroactive. The court, in its discretion, may for good cause shown suspend payment of child support arrearages until there is a finding by the court of financial ability to make payment on arrearages; provided, that incarceration for nonpayment of child support shall not constitute good cause to suspend payment of child support or child support arrearages.
History of Section.
P.L. 1987, ch. 164, § 1; P.L. 1990, ch. 477, § 1; P.L. 2001, ch. 287, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-16.2.5. - Repealed.

§ 15-5-16.2.5. Repealed.
History of Section.
P.L. 1995, ch. 370, art. 29, § 5; P.L. 1995, ch. 374, § 5; P.L. 1997, ch. 170, § 1; Repealed by P.L. 2002, ch. 314, § 2, effective October 1, 2002. For present comparable provisions, see chapter 29 of this title.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-16.3. - Allowance regarded as judgment for debt.

§ 15-5-16.3. Allowance regarded as judgment for debt.
Any allowance or order made by the family court pursuant to §§ 15-5-16 and 15-5-16.2 shall be regarded as a judgment for debt so that suits may be brought or executions may issue on it for amounts due and unpaid, from time to time, to be shown by affidavits of the person entitled to the amounts due and the attorney of record of the person, the executions to run against the goods and chattels of the husband or wife, as the case may be; and the court may make all necessary orders and decrees concerning the suits or executions, and the court at any time may alter, amend, and annul for sufficient cause, after notice to the interested parties.
History of Section.
P.L. 1979, ch. 279, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-16.4. - Judgment assigning real property — Effect.

§ 15-5-16.4. Judgment assigning real property — Effect.
Whenever the assignment of real property is ordered by the family court pursuant to § 15-5-16.1 and the court directs that a deed, conveyance, or release of any real estate or interest in real estate shall be made, the judgment shall create an equitable right to its enforcement, subject to the provisions for recording of notice in chapter 13 of title 34, in the party entitled to the assignment by judgment; and if the judgment has not been complied with at the time the judgment of divorce becomes final and the judgment is subsequently recorded in the manner provided for in chapter 13 of title 34, then the judgment shall operate to vest title to the real estate or interest in the real estate in the party entitled to it by the judgment as fully and completely as if the deed, conveyance, or release had been duly executed by the party directed to make it.
History of Section.
P.L. 1979, ch. 279, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-16.5. - Interest on arrearages.

§ 15-5-16.5. Interest on arrearages.
Interest at the rate of twelve percent (12%) per annum on any support debt due or owing, child or spousal support, shall be assessed unless the responsible party shall, for good cause shown, be relieved of the obligation to pay interest by the family court.
History of Section.
P.L. 1980, ch. 308, § 1; P.L. 1984, ch. 167, § 1; P.L. 2001, ch. 155, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-16.6. - Security, bond, or guarantee to secure payment of overdue support.

§ 15-5-16.6. Security, bond, or guarantee to secure payment of overdue support.
(a)
In a proceeding to enforce overdue support, as defined in subsection (b) of this section, the court or its magistrate, after a hearing and a finding of overdue support, may require an obligor parent to give security, post a bond, or give some other guarantee to secure payment of overdue support; the security, bond, or guarantee is to be in any amount, for any term, and upon any conditions that the court or magistrate shall deem necessary or advisable. The court may order that the security, bond, or other guarantee be deposited into the registry of the family court. The obligor parent shall be served with the notice of any proceeding under this section and the notice shall state the procedures to contest the action.
(b)
For purposes of this section, “overdue support” means a delinquency pursuant to an obligation determined under a court order, or an order of an administrative process established under the law of any state, for:
(1)
Support and maintenance of a minor child, which is owed to or on behalf of the child; or
(2)
Support and maintenance of the obligor parent’s spouse or former spouse with whom the child is living.
History of Section.
P.L. 1986, ch. 189, § 1; P.L. 1998, ch. 442, § 8.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-16.7. - Review of child support orders.

§ 15-5-16.7. Review of child support orders.
(a)
For purposes of this section, a “child support order” means a child support order enforceable pursuant to the Rhode Island state plan for support enforcement as further defined in § 15-16-5(a).
(b)
Every three (3) years from the date the child support order was established or modified, and upon the request of either party, or upon the request of the state pursuant to § 15-5-16.2(c)(3), the court shall review and, if appropriate, adjust the order in accordance with the child support guidelines if the amount of the child support award under the order differs from the amount that would be awarded in accordance with the guidelines. The adjustment of the order shall be made under this subsection without a requirement for proof or showing of a change in circumstances. In adjusting the order, incarceration may not be treated as voluntary unemployment that would prevent the motion from being heard or result in a denial of the motion. The periodic review of child support orders as provided in this subsection is in addition to the opportunity for review provided in § 15-5-16.2(c).
(c)
In the case of a request for a review before the three-year (3) period, upon the request of either party, or upon the request of the state pursuant to § 15-5-16.2(c)(3), the amount of support may, in the court’s discretion, be modified if the court finds that a substantial change in circumstances has occurred in accordance with § 15-5-16.2. The court, in its discretion, may modify a child support order retroactively only to the date that notice of a petition to modify was given to the adverse party if the court finds that a substantial change in circumstances has occurred; provided, that the court shall set forth in its decision the specific findings of fact that show a substantial change in circumstances and upon which findings of facts the court has decided to make the decree retroactive.
History of Section.
P.L. 1992, ch. 177, § 2; P.L. 1992, ch. 263, § 2; P.L. 1997, ch. 170, § 1; P.L. 2017, ch. 166, § 1; P.L. 2017, ch. 311, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-17. - Change of name.

§ 15-5-17. Change of name.
Any woman, to whom a divorce from the bond of marriage is decreed, shall, upon request, be authorized by the decree to change her name, notwithstanding that there may be children born of the marriage, and subject to the same rights and liabilities as if her name had not been changed. This statute is in addition to, and not in abrogation of, the common law.
History of Section.
G.L. 1896, ch. 195, § 15; G.L. 1909, ch. 247, § 15; G.L. 1923, ch. 291, § 15; G.L. 1938, ch. 416, § 15; G.L. 1956, § 15-5-17; P.L. 1982, ch. 434, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-18. - Interlocutory decrees and injunctions.

§ 15-5-18. Interlocutory decrees and injunctions.
After the filing and during the pendency of any petition for divorce, the court may make any interlocutory decrees and grant any temporary injunctions that may be necessary until a hearing can be had before the court.
History of Section.
G.L. 1896, ch. 195, § 16; G.L. 1909, ch. 247, § 16; G.L. 1923, ch. 291, § 16; G.L. 1938, ch. 416, § 16; G.L. 1956, § 15-5-18.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-19.1. - Restraining orders — Notification of local authorities — Notice of penalty.

§ 15-5-19.1. Restraining orders — Notification of local authorities — Notice of penalty.
(a)(1)
The clerk of the family court may, if requested by the prevailing party’s attorney, immediately forward a certified copy of any restraining order issued pursuant to § 15-5-19(a) to the police department of the municipality in which the prevailing party is domiciled, and the police department shall retain the restraining order on file for at least one year.
(2)
The clerk shall also provide the prevailing party and/or his or her attorney with two (2) certified copies of any restraining order issued pursuant to § 15-5-19.
(b)
Each restraining order issued under this chapter, including a temporary ex parte order, shall be set out on a separate piece of paper and shall have the following statement printed in bold faced type or in capital letters:
A PERSON WHO VIOLATES THIS ORDER MAY BE GUILTY OF A MISDEMEANOR AND MAY BE PUNISHED BY A FINE OF AS MUCH AS ONE THOUSAND DOLLARS ($1,000) OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR AND MAY BE ORDERED TO ATTEND COUNSELING.
(c)
The clerk of the family court may have a certified copy of any order issued under this chapter forwarded immediately to the law enforcement agency designated by the plaintiff. The clerk shall also provide the plaintiff with two (2) certified copies of any order issued under this chapter.
History of Section.
P.L. 1982, ch. 401, § 1; P.L. 1985, ch. 433, § 2; P.L. 1988, ch. 539, § 5; P.L. 1997, ch. 308, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-20. - Service on or notice to defendant.

§ 15-5-20. Service on or notice to defendant.
No person shall be entitled to a divorce from the bond of marriage unless the defendant, in accordance with rules adopted by the court, has been personally served with process if within the state, or with personal notice duly authenticated if out of the state, or unless the defendant has entered an appearance in the cause; or unless it appears to the satisfaction of the court that the petitioner does not know the address nor the residence of the defendant and has not been able to ascertain either after reasonable and due inquiry and search for six (6) months, in which case the court, or in vacation a judge of the court, may authorize notice by publication of the pendency of the petition for divorce to be given in a manner provided by law; provided, that in cases where indigence has been established, the court may, as an alternative to publication and upon motion and in appropriate circumstance, authorize an alternate means of service of process in the manner provided by Rule 4 of the Family Court Rules of Procedure for Domestic Relations.
History of Section.
G.L. 1896, ch. 195, § 17; P.L. 1902, ch. 971, § 6; G.L. 1909, ch. 247, § 17; G.L. 1923, ch. 291, § 17; G.L. 1938, ch. 416, § 17; G.L. 1956, § 15-5-20; P.L. 1999, ch. 332, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-21. - Service by publication — Jurisdiction acquired.

§ 15-5-21. Service by publication — Jurisdiction acquired.
After service of process on any petition, whether by citation or by publication, where the adverse party has no attorney of record and cannot be found for the service of citation or notice of any motion or any other matter arising in the course of the proceedings, the court may order service by publication and the service shall have the same effect as personal service within the state on the party; provided, that the service shall not, in the case of an adverse party who has not appeared either in person or by attorney, and the petition against him or her was served by publication, authorize the entry of any decree or order binding the party personally to pay any sum of money or to do any other affirmative act.
History of Section.
G.L. 1938, ch. 416, § 17; P.L. 1939, ch. 707, § 2; G.L. 1956, § 15-5-21.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-22. - Trial required — Collusion.

§ 15-5-22. Trial required — Collusion.
No divorce from the bond of marriage shall be granted solely upon default nor solely upon admissions by the pleadings, except upon trial before the court in open session; nor shall the divorce be granted where the court is satisfied that there has been any collusion or corrupt conduct by the parties, or either of them, in regard to the proceedings to obtain the divorce.
History of Section.
G.L. 1896, ch. 195, § 18; P.L. 1902, ch. 971, § 6; G.L. 1909, ch. 247, § 18; G.L. 1923, ch. 291, § 18; G.L. 1938, ch. 416, § 18; G.L. 1956, § 15-5-22; P.L. 2004, ch. 6, § 25.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-23. - Final judgment — Remarriage.

§ 15-5-23. Final judgment — Remarriage.
(a)
No judgment for a divorce shall become final and operative until three (3) months after the trial and decision. Final decree from the bond of marriage may be entered ex parte and in chambers on the suggestion of the prevailing party at any time within one hundred eighty (180) days next after the expiration of three (3) months from the date of decision. After the expiration of the one hundred eighty (180) days, final decrees may be entered only in open court and on motion or upon written consent of the attorneys or parties. Notice of the filing of the motion shall not be required in cases in which the original complaint is unanswered.
(b)
After entry of the final judgment for a divorce from the bond of marriage, either party may marry again.
History of Section.
G.L. 1896, ch. 195, § 19; P.L. 1902, ch. 971, § 6; G.L. 1909, ch. 247, § 19; G.L. 1923, ch. 291, § 19; G.L. 1938, ch. 416, § 19; P.L. 1939, ch. 707, § 3; P.L. 1940, ch. 945, § 1; G.L. 1956, § 15-5-23; P.L. 1976, ch. 338, § 1; P.L. 2016, ch. 13, § 1; P.L. 2016, ch. 14, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-24.1. - Visitation rights of grandparents.

§ 15-5-24.1. Visitation rights of grandparents.
The court may, upon miscellaneous petition of a grandparent whose child is deceased, grant reasonable visitation rights of the grandchild or grandchildren to the grandparent, whether or not any divorce or custody proceedings were ever commenced, and may issue all necessary orders to enforce visitation rights.
History of Section.
P.L. 1980, ch. 104, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-24.2. - Visitation rights of grandparents whose child is denied or has failed to exercise rights.

§ 15-5-24.2. Visitation rights of grandparents whose child is denied or has failed to exercise rights.
In any divorce proceeding the family court may, upon petition of a grandparent whose grandchild is a child of the marriage, grant reasonable visitation rights of the grandchild to the grandparent. The court may issue all necessary orders to enforce visitation rights. Once a grandparent has been granted reasonable visitation rights, notice of any petition and/or order providing for a change in custody or visitation shall be provided to the grandparent.
History of Section.
P.L. 1981, ch. 100, § 1; P.L. 1985, ch. 416, § 1; P.L. 2000, ch. 109, § 23.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-24.4. - Sibling visitation rights.

§ 15-5-24.4. Sibling visitation rights.
(a)
The family court, upon miscellaneous petition of a brother, sister, half-brother or half-sister, stepbrother, stepsister, or on behalf of any of those persons by his or her legal guardian, for visitation rights for the petitioner’s sibling, half-sibling or stepsibling and upon notice to both parents of the child and notice to the child, and after a hearing on the petition, may grant reasonable rights of visitation of the sibling to the petitioner. The court, in order to grant reasonable rights of visitation, must find and set forth in writing the following findings of fact:
(1)
That it is in the best interests of the child that the petitioner is granted visitation rights with the child;
(2)
That the petitioner is a fit and proper person to have visitation rights with the child;
(3)
That the petitioner has repeatedly attempted to visit his or her sibling, half-sibling or stepsibling during the thirty (30) days immediately preceding the date the petition was filed and was not allowed to visit the child during the thirty (30) day period as a direct result of the actions of either, or both, parents of the child;
(4)
There is no other way that the petitioner is able to visit his or her sibling, half-sibling or stepsibling without court intervention; and
(5)
That the petitioner, by clear and convincing evidence, has successfully rebutted the presumption that the parent’s decision to refuse the petitioner’s visitation with the child was reasonable.
(b)
The court may issue all necessary orders relative to the visitation rights granted to the petitioner. Once the petitioner has been granted reasonable visitation rights, notice of any petition seeking a change in custody or visitation shall be served on the petitioner.
History of Section.
P.L. 1996, ch. 186, § 1; P.L. 2012, ch. 190, § 1; P.L. 2012, ch. 200, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-24.5. - Court ordered visitation rights to certain persons convicted of first degree murder — Prohibited.

§ 15-5-24.5. Court ordered visitation rights to certain persons convicted of first degree murder — Prohibited.
No court shall make an order providing visitation rights to a parent who has been convicted of murder in the first degree of the other parent of the child who is the subject of the order, unless that court first conducts a hearing in order to determine whether the child is of an appropriate age, maturity, intelligence and voluntarily consents to the visitation. No person shall cause, facilitate, or assist a child to visit a parent who has been convicted of murder in the first degree of the other parent of the child without the consent of the child’s custodian or legal guardian except as authorized by a court order.
History of Section.
P.L. 1999, ch. 471, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-26. - Duties and liabilities of employer under income assignment order or order for wage withholding.

§ 15-5-26. Duties and liabilities of employer under income assignment order or order for wage withholding.
(a)
Any wage withholding agent failing to comply with any requirements in §§ 15-5-24 and 15-5-25 may be punished by the court for civil contempt. The court shall first afford the wage withholding agent a reasonable opportunity to purge itself of contempt.
(b)
Any wage withholding agent who fails or refuses to deliver income pursuant to an order under §§ 15-5-24 and 15-5-25, when the garnishing agent has had in its possession the income, shall be personally liable for the amount of the income which the wage withholding agent failed or refused to deliver, together with costs, interest, and reasonable attorney’s fees.
(c)
Any wage withholding agent who dismisses, demotes, disciplines, or in any way penalizes an obligor on account of any proceeding to collect support, on account of any order or orders entered by the court in the proceeding, or on account of the wage withholding agent’s compliance with the order or orders, shall be liable to the obligor for all damages, together with costs, interest thereon, and reasonable attorney’s fees resulting from the action, and shall be subject to a fine not to exceed one hundred dollars ($100). The wage withholding agent shall be required to make full restitution to the aggrieved obligor including reinstatements and back pay.
(d)
A wage withholding agent may be enjoined by a court of competent jurisdiction from continuing any action in violation of §§ 15-5-24 and 15-5-25.
(e)
Any proceeding against a wage withholding agent under this section must be commenced within ninety (90) days after a wage withholding agent’s act or failure to act upon which the proceeding is based.
(f)
Compliance by a wage withholding agent with an order issued under §§ 15-5-24 and 15-5-25 operates as a discharge of the wage withholding agent’s liability to the obligor as to that portion of the obligor’s income so affected.
History of Section.
P.L. 1980, ch. 304, § 1; P.L. 1984, ch. 199, § 2; P.L. 1985, ch. 143, § 1; P.L. 1997, ch. 170, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-27. - Order for wage withholding — Duration.

§ 15-5-27. Order for wage withholding — Duration.
An order for wage withholding under §§ 15-5-24 and 15-5-25 shall remain in effect until modified or terminated by the court.
History of Section.
P.L. 1980, ch. 304, § 1; P.L. 1984, ch. 199, § 2; P.L. 1997, ch. 170, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-28. - Judgment or order as lien on property — Duration — Effect.

§ 15-5-28. Judgment or order as lien on property — Duration — Effect.
(a)
A certified copy of any judgment or order which contains a provision adjudging a party to the action in contempt for failure to pay any support payment, or which states an arrearage due on any support payment or payments, may be recorded with the recorder of deeds in any city or town where real estate owned by the obligor may be found, and shall become a lien upon all real property of the obligor owned by the obligor in the city or town at the time of the recording. The division of taxation, child support enforcement shall not be required to pay a recording fee. The lien shall remain in full force and effect unless the lien is discharged by the obligee or his or her attorney or subsequent family court judgment or order as provided in this section.
(b)
The certificate of the obligee, or his or her attorney duly signed and notarized, or a certified copy of a judgment or order of the family court which contains a provision that all arrearages have been paid in full, shall, when recorded, be a discharge in full of the land.
(c)
If any amount of child support provided in a judgment or order has been directed to be paid to the clerk of the court or to any other office designated by the court pursuant to any other provision of law, and the directive is set forth in the copy of the docketed judgment or order, or in the docket or certified copy of an amended or supplemental order, the certificate shall not affect the lien unless also approved in writing by the clerk or other designated officer.
(d)
A lien under this section shall not be dischargeable in bankruptcy.
History of Section.
P.L. 1980, ch. 304, § 1; P.L. 1981, ch. 354, §§ 1, 2; P.L. 2001, ch. 155, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-5 - Divorce and Separation › Section 15-5-29. - Mediation proceedings involving custody and/or visitation.

§ 15-5-29. Mediation proceedings involving custody and/or visitation.
(a)
Where, in any petition for divorce, divorce from bed and board, or relief without the commencement of divorce proceedings, the family court may, as to issues of custody and visitation, direct the parties to participate in mediation in an effort to resolve their differences, the court may order the participation in mediation in a program established by the court.
(b)
At its discretion, the court may:
(1)
Order mediation under this section prior to trial and postpone trial of the case pending the outcome of the mediation, in which case the issues of custody and visitation shall be tried only upon failure to resolve the issues of custody by mediation;
(2)
Order mediation under this section prior to trial and proceed to try the case as to issues other than custody and visitation while the parties are at the same time engaged in the mediation, in which the issue of custody shall be tried separately upon failure to resolve the issues; and
(3)
Complete the trial of the case on all issues and order mediation under this section upon the conclusion of the trial, postponing entry of the decree pending outcome of the mediation, in which case the court may enter a temporary decree as to issues other than custody any visitation upon completion of the trial or may postpone entry of any decree until the expiration of the mediation period of agreement of the parties.
(c)
Communications made by or to a mediator or between parties in the presence of the mediator as a part of mediation ordered under this section are privileged and are not admissible as evidence in any civil or criminal proceeding.
History of Section.
P.L. 1988, ch. 422, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-6 - Uniform Divorce Recognition Act › Section 15-6-1. - Short title.

§ 15-6-1. Short title.
This chapter may be cited as the “Uniform Divorce Recognition Act”.
History of Section.
P.L. 1949, ch. 2268, § 4; G.L. 1956, § 15-6-1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-6 - Uniform Divorce Recognition Act › Section 15-6-2. - Ex parte divorce in another state between parties resident in this state.

§ 15-6-2. Ex parte divorce in another state between parties resident in this state.
A divorce from the bonds of matrimony obtained in another jurisdiction in ex parte proceedings shall be of no force or effect in this state, if both parties to the marriage were domiciled in this state at the time that the proceeding for the divorce was commenced.
History of Section.
P.L. 1949, ch. 2268, § 1; G.L. 1956, § 15-6-2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-6 - Uniform Divorce Recognition Act › Section 15-6-3. - Prima facie evidence of continued domicile in state.

§ 15-6-3. Prima facie evidence of continued domicile in state.
Proof that a person obtaining a divorce from the bonds of matrimony in another jurisdiction: (1) was domiciled in this state within twelve (12) months prior to the commencement of the proceeding for divorce, and resumed residence in this state within eighteen (18) months after the date of his or her departure from this state, or (2) at all times after his or her departure from this state and until his or her return maintained a place of residence within this state, shall be prima facie evidence that the person was domiciled in this state when the divorce proceeding was commenced.
History of Section.
P.L. 1949, ch. 2268, § 2; G.L. 1956, § 15-6-3.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-6 - Uniform Divorce Recognition Act › Section 15-6-4. - Uniformity of construction.

§ 15-6-4. Uniformity of construction.
This chapter shall be interpreted and construed so as to effectuate its general purpose to make uniform the law of those states which enact it.
History of Section.
P.L. 1949, ch. 2268, § 3; G.L. 1956, § 15-6-4.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-7 - Adoption of Children › Section 15-7-1. - Repealed.

§ 15-7-1. Repealed.
History of Section.
G.L. 1938, ch. 420, § 1; P.L. 1955, ch. 3483, § 1; G.L. 1956, § 15-7-1; P.L. 1962, ch. 106, § 1; P.L. 1970, ch. 132, § 1; Reorg. Plan No. 1, 1970; P.L. 1982, ch. 318, § 1; Repealed by P.L. 1986, ch. 254, § 4, effective June 19, 1986; P.L. 1986, ch. 274, § 4, effective July 1, 1986. For present provisions of law, see §§ 42-72.1-4 and 42-72.1-7.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-7 - Adoption of Children › Section 15-7-2. - Report, investigation, and hearing on placement of child for adoption.

§ 15-7-2. Report, investigation, and hearing on placement of child for adoption.
(a)
Whenever a parent or parents places a child with a person or persons, other than a father, brother, sister, aunt, uncle, grandparent, or stepparent of the child for adoption purposes, the person or persons with whom the child has been placed for adoption shall, within fifteen (15) days of the placement, notify the department of children, youth, and families of the placement.
(b)
The willful failure, neglect, or refusal of the person or persons with whom the child has been placed to make the report within fifteen (15) days shall be considered in violation of this chapter and prejudicial to the best interests of the child. The department shall, when it receives the notice or when it receives notice from any source that the person or persons with whom the child has been placed has failed, refused, or neglected to make the report within fifteen (15) days of placement, make any investigation that it deems necessary in the circumstances.
(c)
The results of the investigation shall be then referred to the family court within sixty (60) days of the receipt by the department of the notice.
(d)
The family court, after any notice that it deems proper to the parent or parents and the person or persons with whom the child has been placed, shall hold a hearing to determine whether the placement of the child is or is not for the best interest of the child.
(e)
If the court finds that the placement is not for the best interest of the child, or is contrary to law, it shall order that the child be returned to its parent or parents or placed with the department or a licensed child placing agency or with whomsoever the court deems for the best interest of the child.
History of Section.
G.L. 1938, ch. 420, § 4; P.L. 1955, ch. 3483, § 1; G.L. 1956, § 15-7-2; impl. am. P.L. 1961, ch. 73, § 14; P.L. 1962, ch. 106, § 1; P.L. 1970, ch. 132, § 1; Reorg. Plan No. 1, 1970.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-7 - Adoption of Children › Section 15-7-3. - Report, investigation, and hearing on child brought into state for adoption.

§ 15-7-3. Report, investigation, and hearing on child brought into state for adoption.
(a)
Whenever any person or persons brings or causes to be brought a child, not related to him or her or them, into this state for the purpose of adoption, he or she or they shall make a report to the department of children, youth and families within fifteen (15) days of the entry of the child into this state.
(b)
The willful failure, neglect, or refusal of the person or persons having brought or having caused the child to be brought into this state to make the report shall be considered a violation of this chapter and prejudicial to the best interest of the child. The department, upon receipt of the notice or when it receives notice from any source that the person or persons having brought or having caused the child to be brought into this state has or have willfully failed, refused, or neglected to make the report, shall make any investigation that it deems necessary in the circumstances and report the results of that investigation to the family court within sixty (60) days after receipt of the notice.
(c)
The family court, after any notice that it deems proper to the parent or parents, and the person or persons having brought, or having caused to be brought, the child into this state, shall, after the filing of the report, hold a hearing to determine whether the proposed placement for adoption is or is not for the best interest of the child.
(d)
If the court finds that the proposed placement for adoption is not for the best interest of the child, it shall order that the child be returned to its parent or parents or placed through the department or a licensed child placing agency or with whomsoever the court deems for the best interest of the child.
History of Section.
G.L. 1938, ch. 420, § 4; P.L. 1955, ch. 3483, § 1; G.L. 1956, § 15-7-3; impl. am. P.L. 1961, ch. 73, § 14; P.L. 1970, ch. 132, § 1; Reorg. Plan No. 1, 1970.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-7 - Adoption of Children › Section 15-7-4. - Petition to adopt — Court having jurisdiction.

§ 15-7-4. Petition to adopt — Court having jurisdiction.
(a)
Any person residing in Rhode Island may petition the family court for leave to adopt as his or her child any person younger than him or herself and under eighteen (18) years of age, and, if desired, for a change of the child’s name, but the prayer of the petition by a person having a husband or wife shall not be granted unless the husband or wife joins in the petition; provided, that upon good cause shown and a showing that the granting of the petition for adoption would be in the best interests of the minor child, the prayer of the petition may be granted although the spouse of the petitioner is not a party to the petition.
(b)
The family court shall retain jurisdiction over any petition properly filed under subsection (a) when and if the petitioners become nonresidents after the petition is filed, but during the pendency of the action.
(c)
Any person not a resident of Rhode Island may petition the family court for leave to adopt as his or her child any person younger than him or herself and under eighteen (18) years of age, and, if desired, for a change of the child’s name, if the child is at the time of the filing of the petition in the care and custody of a governmental child placing agency, or licensed Rhode Island child placing agency, but the prayer of the petition by a person having a husband or wife shall not be granted unless the husband or wife joins in the petition.
(d)
Petitions for adoptions of persons eighteen (18) years or older shall be heard by the probate court of the city or town in which the petitioners live.
(e)
The department shall grant an opportunity for a fair hearing, pursuant to 42 U.S.C. § 671(a)(12) and chapter 35 of title 42 to an individual residing outside of Rhode Island who alleges that the department denied or delayed placement of a child for adoption.
History of Section.
G.L. 1896, ch. 192, § 1; P.L. 1907, ch. 1423, § 1; G.L. 1909, ch. 244, § 1; P.L. 1910, ch. 544, § 1; P.L. 1915, ch. 1197, § 1; G.L. 1923, ch. 288, § 1; P.L. 1930, ch. 1573, § 1; G.L. 1938, ch. 420, § 1; G.L. 1938, ch. 420, § 2; P.L. 1955, ch. 3483, § 1; G.L. 1956, § 15-7-4; impl. am. P.L. 1961, ch. 73, § 14; P.L. 1970, ch. 132, § 1; P.L. 1982, ch. 300, § 1; P.L. 1998, ch. 87, § 2.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-7 - Adoption of Children › Section 15-7-5. - Consent required.

§ 15-7-5. Consent required.
(a)
The parents of the child, or their survivor, shall, except as provided in this section, consent in writing to the adoption, or the petition shall be dismissed. If neither parent is living, the guardian of the person of the child, or, if there is no guardian, the next of kin, may give consent; or if there is no next of kin, the court may appoint some suitable person to act in the proceedings as next friend of the child, and to give or withhold the consent; provided, that if the child is of the age of fourteen (14) years or over, the adoption shall not be made without the child’s consent. In case the child to be adopted is eighteen (18) years or older, the consent of, or notice to, the child’s parents or other person in the child’s behalf shall not be required.
(b)(1)
Notwithstanding the provisions of subsection (a) of this section, when the petitioners are one of the natural parents of the child and his or her spouse or one of the grandparents of the child and the child is residing, at the time the petition is filed, with the petitioners, if the noncustodial parent refused to consent to the adoption, the court shall determine whether the noncustodial parent’s rights shall be terminated involuntarily. In making the determination, the court shall apply the grounds for termination of parental rights set forth in § 15-7-7; provided, that the petitioners need not demonstrate, and the court shall not require, efforts to encourage and strengthen the child’s relationship with the noncustodial parent prior to terminating his or her parental rights.
(2)
Notwithstanding the provisions of subdivision (1) of this subsection, when the petitioners are one of the natural parents of the child and his or her spouse or one of the grandparents of the child and the child is residing, at the time the petition is filed, with the petitioners, and if the noncustodial parent refuses to consent to the adoption, then the court may grant the petition without a noncustodial parent’s consent if the petitioners prove by clear and convincing evidence any of the grounds set forth in § 15-7-7(a)(1), (2), or (4). The standard of proof in these cases shall be by clear and convincing evidence and the court shall give primary consideration to the physical, psychological, mental, and intellectual needs of the child insofar as that consideration is not inconsistent with other provisions of this chapter.
History of Section.
G.L. 1896, ch. 192, § 2; G.L. 1909, ch. 244, § 2; P.L. 1915, ch. 1197, § 2; G.L. 1923, ch. 288, § 2; G.L. 1938, ch. 420, § 2; G.L. 1938, ch. 420, § 3; P.L. 1955, ch. 3483, § 1; G.L. 1956, § 15-7-5; P.L. 1970, ch. 132, § 1; P.L. 1983, ch. 232, § 1; P.L. 1985, ch. 29, § 1.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-7 - Adoption of Children › Section 15-7-5.1. - Contact preference form information.

§ 15-7-5.1. Contact preference form information.
Upon providing consent to an adoption, the biological parent(s) shall be informed that, consistent with § 23-3-15(g)(1), an adoptee may obtain a non-certified copy of his/her unaltered, original certificate of birth upon his/her eighteenth birthday, and that the birth parent is allowed and authorized to file a contact preference form with the division of vital records as provided in § 23-3-15(g)(2).
History of Section.
P.L. 2011, ch. 228, § 1; P.L. 2011, ch. 239, § 1; P.L. 2021, ch. 233, § 1, effective July 8, 2021; P.L. 2021, ch. 234, § 1, effective July 8, 2021.
2023 Rhode Island General Laws › Title 15 - Domestic Relations › Chapter 15-7 - Adoption of Children › Section 15-7-6. - Waiver of parents’ right to consent — Guardianship of agency.

§ 15-7-6. Waiver of parents’ right to consent — Guardianship of agency.
Any duly licensed child placement agency in this state, or governmental child placement agency, at the request of the natural parent or parents of a child under eighteen (18) years of age, may, not sooner than fifteen (15) days after the birth of the child, petition the family court for the termination of the rights of the natural parents of the child to consent to its adoption. After any notice to the natural parents that the court deems proper, a hearing shall be had prior to the hearing on the petition for adoption in the family court, and if the family court finds after examination of the parent or parents that the parent or parents freely join in the petition, and that the granting of the petition is for the best interests of the child, it shall decree that in the hearing on the adoption of the child the consent of the natural parents as provided above shall be unnecessary and that the agency shall be the sole party to give or withhold consent. The granting of the petition to give or withhold consent to the child placement agency shall also make the agency the guardian of the child for all purposes.
History of Section.
G.L. 1938, ch. 420, § 3; P.L. 1955, ch. 3483, § 1; G.L. 1956, § 15-7-6; P.L. 1966, ch. 252, § 1; P.L. 1970, ch. 132, § 1.