2025 -- H 5129

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LC000726

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO DOMESTIC RELATIONS -- DIVORCE AND SEPARATION

     Introduced By: Representatives DeSimone, Slater, Kazarian, O'Brien, Craven, Corvese,
Biah, McEntee, Voas, and Morales

     Date Introduced: January 22, 2025

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 15-5-12 of the General Laws in Chapter 15-5 entitled "Divorce and

Separation" is hereby amended to read as follows:

     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

six (6) months next before the filing of the complaint; provided, that if the defendant has been a

domiciled inhabitant of this state and has resided in this state for the period of one year six (6)

months next before the filing of the complaint, and is actually served with process, the requirement

of this subsection as to domicile and residence on the part of the plaintiff is deemed satisfied and

fulfilled. The residence and domicile of any person immediately prior to the commencement of his

or her active service as a member of the armed forces or of the merchant marine of the United

States, or immediately prior to his or her absence from the state in the performance of services in

connection with military operations as defined in subsection (c) of this section, shall, for the

purposes of this section, continue to be his or her residence and domicile during the time of his or

her service and for a period of thirty (30) days after this. Testimony to prove domicile and residence

may be received through the ex parte affidavit of one witness.

     (b) Every word importing the masculine gender only shall be construed in this section to

extend to and include females as well as males.

     (c) The term “services in connection with military operations” shall be construed in this

section to include persons serving with the American Red Cross, the Society of Friends, the

Women’s Auxiliary Service Pilots, and the United Service Organizations.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO DOMESTIC RELATIONS -- DIVORCE AND SEPARATION

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     This act would provide for a residency requirement of at least six (6) months rather than

one year for the Rhode Island family court to have jurisdiction over a divorce complaint.

     This act would take effect upon passage.

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