tiredofwaiting
New
Reged: 12/14/08
Posts: 2
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I am wondering if someone can provide clarification on residency requirements for filing for divorce? From what I have read online the party filing must have resided in Rhode Island for one year prior to filing for divorce.
My SO moved in with me less than a year ago now and after multiple attempts at mediated divorce for over 3 years (she left him), is going to try filing on his own (we can no longer afford an attorney after all the money spent on wasted mediation).
Child support has already been resolved through the state of RI for the one child that it applies to. (last minor child). SO pays CS through the RI court system.
I also see that grounds for Divorce can be no fault not cohabitating for a period of three years, or fault noncohabitation for 5 years or a period of less if agreed to by the judge.
There are no assets left to split in this divorce, child support and custody/visitation has already been decided by the State of RI. At this point we are dealing with someone who has obviously moved on with their own life, but is unwilling to complete the actual divorce because she doesn't want to be without SO paying her health insurance. She's learned that when we marry she can not legally be on his policy. She'd rather not pay for insurance on her own, and so she refuses to do anything about the divorce. With all the money wasted on mediation attempts over the past three years... SO is no longer in a position to afford an attorney.
Is SO allowed legally to drop her from his health insurance? If so that might preciptate her actually agreeing to the divorce being finalized. *sighs*
We do not have any problems with this person other than her willful decision to avoid a legal divorce due to what is convenient for her. All other interactions are amiacable. Conversations will ensue periodically where she will agree to divorcing SO and then fade away when it comes to actually happening.
Any thoughts? advice? SO and I have been together for over a year and began planning our wedding and have other life altering events that have occured for us. We simply want to be together legally. What can we do to make this happen without the enormous expense of attorney fees?
thank you...
Other factors:
One adult child lives with us. (attending college)
We pay insurance for both children.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2388
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I am wondering if someone can provide clarification on residency requirements for filing for divorce? From what I have read online the party filing must have resided in Rhode Island for one year prior to filing for divorce.
>>>>>>>>> Yes .
I also see that grounds for Divorce can be no fault not cohabitating for a period of three years, or fault noncohabitation for 5 years or a period of less if agreed to by the judge.
>>>>>>>>> There is also no-fault " irreconcilable differences " .
Is SO allowed legally to drop her from his health insurance? If so that might preciptate her actually agreeing to the divorce being finalized. *sighs*
>>>>>>>>>>> No . Coverage has to be maintained until the divorce is finalized .
§ 15-5-14.1 Automatic orders in divorce cases.
(e) Neither party shall cause the other party or the children of the marriage to be removed from any medical, hospital and/or dental insurance coverage, and each party shall maintain the existing medical, hospital, and dental insurance coverage in full force and effect.
Any thoughts?
>>>>>>>>> Petition for a divorce based on irreconcilable differences , she may countersue based on fault grounds or seek further relief ( alimony ) .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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tiredofwaiting
New
Reged: 12/14/08
Posts: 2
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Thank you for the response. I would be surprised if she received any alimony, but it's possible. She abandoned the marriage when he was diagnosed with a terminal disease which he just surprisingly beat. Add to it she left for the person she'd been having an affair with for apparently 9 mos. I actually hold nothing against her, but simply want things finalized. I think in both their hearts their marriage had ended much sooner than when she left, but the diagnosis was simply something she couldn't handle and it forced the hand if you will..
Thanks again... I think we are going to try and file after ordering the divorce papers offline and hoping that it will work out.
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Nish
Platinum
Reged: 02/18/07
Posts: 1657
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Bump and Merry Christmas!
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Nish
Platinum
Reged: 02/18/07
Posts: 1657
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Change Please! Spamers, I place an evil curse on you!
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