§ 15-5-1. Marriages void or voidable — Civil death or presumption of death. Divorces from the bond of marriage shall be decreed in case of any marriage originally void or voidable by law, and in case either party is for crime deemed to be or treated as if civilly dead, or, from absence or other […]
§ 15-5-10. Disposal of certain real estate after filing of complaint. At any time after the filing of a complaint for divorce from bed, board, and future cohabitation, and until a decree of reconciliation has been entered, the court, upon the petition of either party seized in his or her own right of real estate […]
§ 15-5-11. Verification of complaint. Every complaint shall be verified by the plaintiff, if of sound mind and of legal age to consent to marriage; otherwise, upon application to the court and after notice to the party in whose name the complaint is filed, the court may allow the complaint to be verified by a […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 15-5-14.1. Automatic orders in divorce cases. (a) Upon the filing of a complaint for divorce, divorce from bed and board, legal separation, annulment, custody or visitation by the plaintiff and upon service of the petition and summons of the defendant or upon waiver and acceptance of service by the parties, the automatic orders shall […]
§ 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 […]
§ 15-5-16. Alimony and counsel fees — Custody of children. (a) In granting any petition for divorce, divorce from bed and board, or relief without the commencement of divorce proceedings, the family court may order either of the parties to pay alimony or counsel fees, or both, to the other. (b)(1) In determining the amount […]
§ 15-5-16.1. Assignment of property. (a) In addition to or in lieu of an order to pay spousal support made pursuant to a complaint for divorce, the court may assign to either the husband or wife a portion of the estate of the other. In determining the nature and value of the property, if any, […]
§ 15-5-16.1.1. Deferment of sale of home. (a) As used in this section, the following words and terms have the following meanings unless the context indicates another or different meaning or intent: (1) “Custodial parent” means a party awarded physical custody of a child. (2) “Deferred sale of home order” means an order that temporarily […]
§ 15-5-16.2. Child support. (a) In a proceeding for divorce, divorce from bed and board, a miscellaneous petition without the filing of divorce proceedings, or child support, the court shall order either or both parents owing a duty of support to a child to pay an amount based upon a formula and guidelines adopted by […]
§ 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.
§ 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 […]
§ 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 […]
§ 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 […]
§ 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.
§ 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 […]
§ 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 […]
§ 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. […]
