Rhode Island Divorce Tip - Not Sure? Ask For It!
Fundamentally Rhode Island divorce complaints aren’t particularly complicated. The content of the form follows a standard format and recites specific facts necessary to establish jurisdiction for the court, the date of marriage, that a breakdown has occurred and it’s basis, the existence of children and their dates of birth and then your request for relief.
Attorneys differ regarding how a request for relief should be phrased, what should be included and what should not be included as a matter of common practice. Often times it is the relief that you are requesting that you as the client should look carefully at.
What does your Rhode Island attorney have you formally requesting in your divorce complaint?
As the client it is up to you what is sought in the way of relief. If alimony is not an option and you do not now …. nor ever would . . want alimony. . . then you should have your attorney take it out. It is senseless to ask for something you would never want. Plus, you run the risk of angering your spouse by asking for something that she might consider offensive. In that case, that one little thing may turn an amicable situation into a bitter and costly contested divorce.
In the end, however, if there is something that is included in the request for relief and you are not sure if you want it or not, it is better to err on the side of caution by putting it in your divorce complaint rather than leaving it out and risk a judge later determining that you waived your right to request that relief by not including it in the first instance.
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This article is for informational purposes only and is not legal advice. You should not take legal action without legal advice from a licensed practitioner who has been fully informed about your specific circumstances.
The Rhode Island Supreme Court licenses all attorneys in the general practice of law and has no procedure for recognition of specialties.
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