Rule 1.8 - Decision Pending Entry of Final Judgment and Final Judgment(a)Separation of Parties as Ground for Divorce. Under the provisions of G.L. 1956 § 15-5-3, as amended, the prevailing party upon decision being granted in his or her favor, shall file the form entitled Decision Pending Entry of Final Judgment with the clerk within thirty (30) days of the date of decision unless the court extends the time for the filing of the form. The twenty (20) day waiting period as contained in G.L. 1956 § 15-5-3 shall commence to run the day following the entry of the Decision Pending Entry of Final Judgment. A Final Judgment may be entered by the prevailing party at the expiration of the waiting period and at any time within one hundred eighty (180) days next after the expiration of twenty (20) days from the date of Decision Pending Entry of Final Judgment. If the Final Judgment is not entered within two hundred (200) days from the date of Decision Pending Entry of Final Judgment, the Final Judgment may be entered by written consent of the attorneys or parties. If the parties do not consent to a stipulation, a motion to enter the Final Judgment out of time shall be required.(b)For all Other Divorces. Under the provisions of G.L. 1956 § 15-5-23, no decree for a divorce shall become final and operative until a waiting period of three (3) months after the trial and decision. The form entitled Decision Pending Entry of Final Judgment shall be filed within thirty (30) days of the date of decision unless the court extends the time for the filing of the form. Final judgment from the bond of marriage may be entered by the prevailing party at the expiration of the waiting period and at any time within one hundred eighty (180) days next after the expiration of three months from the date of Decision Pending Entry of Final Judgment. If the Final Judgment is not entered within two hundred seventy (270) days from the date of Decision Pending Entry of Final Judgment, Final Judgment may be entered by written consent of the attorneys or parties. If the parties do not consent to a stipulation, a motion to enter the Final Judgment out of time shall be required.(c)Mandatory Statement on Decision Pending Entry of Final Judgment. A Decision Pending Entry of Final Judgment shall contain the following statement, prominently placed near the top of the first page: "This is NOT a final judgment of divorce. The parties remain legally married until entry by this court of a final judgment."R.I. Family Court R.P. 1.8
Amended November 27, 2018, effective 11/27/2018.