The 90-Day Waiting Period: What Actually Happens During a Rhode Island Nominally Contested Divorce
If you have reached an agreement with your spouse and completed your divorce hearing, you may feel as though your divorce is essentially finished. In Rhode Island, however, there is another important step. For most divorces, state law provides a three-month waiting period after the trial and decision before a Final Judgment can be entered. Until that judgment is entered, you are still legally married.
At The Law Offices of Howe & Garside, Ltd., we help you understand what happens after your nominal divorce hearing and what still needs to be completed before your marriage is legally dissolved.
Our family law attorneys in Newport, Rhode Island, assist clients in Newport, Lincoln, Providence, Warwick, Bristol, Westerly, Woonsocket, and Pawtucket. Contact our firm today to discuss your divorce and the steps required to bring your case to completion.
The Purpose of the 90-Day Waiting Period
Although it is commonly described as a 90-day waiting period, Rhode Island law provides that, for most divorces, the judgment does not become final and operative until three months after the trial and decision. The Rhode Island Family Court uses a document called the Decision Pending Entry of Final Judgment during this stage.
In a nominally contested divorce, the spouses have generally resolved the issues that otherwise would require litigation. Their agreement may address matters such as:
Division of marital property: The agreement may establish how marital assets and debts will be divided.
Child custody and support arrangements: When children are involved, the agreement may address custody, parenting time, and financial support.
Spousal support terms: The parties may establish whether alimony will be paid and, if so, under what terms.
An important distinction is that the court's decision at the nominal hearing does not, by itself, end the marriage. The Rhode Island Judiciary expressly states that the parties remain legally married until the court enters the Final Judgment.
What Happens During the Waiting Period
After the court grants the divorce, the Decision Pending Entry of Final Judgment generally must be filed within 30 days of the decision. The Final Judgment cannot be filed until the three-month waiting period has expired.
That means the period following the nominal hearing should not simply be treated as a countdown to an automatic divorce. There are still procedural steps necessary to complete the case.
At The Law Offices of Howe & Garside, Ltd., we help you understand those requirements and address issues that may arise before entry of the Final Judgment. During this stage, our attorneys may assist with:
Reviewing court documents: We can review the documents related to your divorce and help identify any matters that still require attention.
Addressing changes in circumstances: If an issue develops after the hearing but before final judgment, we can explain how it may affect your case.
Preparing for final judgment: We help you understand the remaining procedural requirements necessary to complete your divorce.
Most importantly, you should not assume that the passage of three months automatically terminates your marriage. Rhode Island divorce proceedings require entry of the Final Judgment before you are legally divorced.
How a Law Firm Helps With Divorce Requirements
Reaching an agreement can make a divorce considerably less contentious, but it does not eliminate the need to comply with Rhode Island Family Court procedures.
Our family law attorneys can help you:
Understand legal documents: We explain the provisions of your divorce agreement and other documents so you understand the obligations that apply to you.
Identify possible concerns: If questions arise about property, support, parenting arrangements, or other agreed-upon terms, we can help you evaluate them.
Complete remaining court requirements: We help you address the filings and procedural steps necessary to move the case toward Final Judgment.
The Law Offices of Howe & Garside, Ltd. provides guidance based on the circumstances of your divorce rather than treating the waiting period as a procedural formality.
If a new disagreement arises before the Final Judgment is entered, it is important to address it promptly rather than assuming that the original agreement or court decision resolves all subsequent issues.
Issues That Can Affect Divorce Finalization and Life After Divorce
Even when the major terms have been resolved, practical or legal issues can arise before the divorce becomes final. These may include:
Questions about the divorce agreement: You may need clarification about how a provision applies or what you are required to do.
Incomplete paperwork: Required documents must be properly prepared and filed for the case to proceed to Final Judgment.
Changes or new disagreements: Circumstances can change after the nominal hearing, creating questions that require additional legal attention.
Timing also matters. Under current Rhode Island Family Court rules, Final Judgment ordinarily may be entered after the three-month waiting period and within the following 180 days. If it is not entered within 270 days from the Decision Pending Entry of Final Judgment, additional procedures may be necessary.
You should also understand what your divorce terms require once the divorce is final. Depending on your circumstances, that may mean completing property transfers, complying with financial obligations, or following custody and parenting-time arrangements.
Our Rhode Island family law attorneys can help you understand these obligations before the case concludes so that you know what to expect after Final Judgment.
Get Guidance From Our Family Law Attorneys During Your Rhode Island Divorce Process
The period after a nominal divorce hearing can feel like the final stretch of a long process, but the passage of three months does not automatically end your marriage. Your divorce becomes legally final only after the Rhode Island Family Court enters the Final Judgment.
At The Law Offices of Howe & Garside, Ltd., we help you understand what remains to be done and address issues that arise before your divorce is complete. We serve clients throughout Rhode Island, including Newport, Lincoln, Providence, Warwick, Bristol, Westerly, Woonsocket, and Pawtucket. Contact us today to discuss your nominally contested divorce and the steps required to reach Final Judgment.