Rhode Island 2025 Regular Session

Rhode Island House Bill H5129 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- H 5129
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7	7	LC000726
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO DOMESTIC RELATIONS -- DIVORCE AND SEPARATION
16	16	Introduced By: Representatives DeSimone, Slater, Kazarian, O'Brien, Craven, Corvese,
17	17	Biah, McEntee, Voas, and Morales
18	18	Date Introduced: January 22, 2025
19	19	Referred To: House Judiciary
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 15-5-12 of the General Laws in Chapter 15-5 entitled "Divorce and 1
24	24	Separation" is hereby amended to read as follows: 2
25	25	15-5-12. Domicile and residence requirements. 3
26	26	(a) No complaint for divorce from the bond of marriage shall be granted unless the plaintiff 4
27	27	has been a domiciled inhabitant of this state and has resided in this state for a period of one year 5
28	28	six (6) months next before the filing of the complaint; provided, that if the defendant has been a 6
29	29	domiciled inhabitant of this state and has resided in this state for the period of one year six (6) 7
30	30	months next before the filing of the complaint, and is actually served with process, the requirement 8
31	31	of this subsection as to domicile and residence on the part of the plaintiff is deemed satisfied and 9
32	32	fulfilled. The residence and domicile of any person immediately prior to the commencement of his 10
33	33	or her active service as a member of the armed forces or of the merchant marine of the United 11
34	34	States, or immediately prior to his or her absence from the state in the performance of services in 12
35	35	connection with military operations as defined in subsection (c) of this section, shall, for the 13
36	36	purposes of this section, continue to be his or her residence and domicile during the time of his or 14
37	37	her service and for a period of thirty (30) days after this. Testimony to prove domicile and residence 15
38	38	may be received through the ex parte affidavit of one witness. 16
39	39	(b) Every word importing the masculine gender only shall be construed in this section to 17
40	40	extend to and include females as well as males. 18
41	41	(c) The term “services in connection with military operations” shall be construed in this 19
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44	44	LC000726 - Page 2 of 3
45	45	section to include persons serving with the American Red Cross, the Society of Friends, the 1
46	46	Women’s Auxiliary Service Pilots, and the United Service Organizations. 2
47	47	SECTION 2. This act shall take effect upon passage. 3
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54	54	EXPLANATION
55	55	BY THE LEGISLATIVE COUNCIL
56	56	OF
57	57	A N A C T
58	58	RELATING TO DOMESTIC RELATIONS -- DIVORCE AND SEPARATION
59	59	***
60	60	This act would provide for a residency requirement of at least six (6) months rather than 1
61	61	one year for the Rhode Island family court to have jurisdiction over a divorce complaint. 2
62	62	This act would take effect upon passage. 3
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64	64	LC000726
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