| Introduced By: Representatives Montalbano, Henseler and San Bento |
| Date Introduced: February 4, 1997 |
| Referred To: House Committee on Judiciary |
It is enacted by the General Assembly as follows
SECTION 1. Section 15-5-23 of the General Laws in Chapter 15-5 entitled "Divorce and Separation" is hereby amended to read as follows:
15-5-23. Remarriage -- Final decree. -- After final decree
for divorce from the bond of marriage either party may marry again;
but no decree for a divorce shall become final and operative until
{DEL three (3) months after the trial and decision. Final decree from the
bond of marriage may be entered ex parte and in chambers on the
suggestion of the prevailing party at any time within thirty (30) days
next after the expiration of three (3) months from the date of
decision. After the expiration of the thirty (30) days, final decrees
may be entered only in open court and on motion. Notice of the filing
of the motion shall not be required in cases in which the original
petition is unanswered. DEL} {ADD the expiration of twenty (20) days after
entry of the judgment pending final judgment or, if the time for
taking an appeal has been extended pursuant to rule 4 of the supreme
court rules of appellate procedures, until the expiration of the
extended period. Final judgment may be entered ex parte and in
chambers on the suggestion of the prevailing party. If no final
judgment is presented to the court for entry within thirty (30) days
next after the expiration of twenty (20) days from the date of
decision, thereafter a final judgment may be entered only in open
court and on motion. Notice of the filing of the motion shall not be
required in cases in which the original petition is unanswered. The
taking of an appeal shall operate as a stay of the judgment during the
pendency of the appeal. Upon motion and for good cause shown; (a) the
family court may, prior to the filing of a notice of appeal, order
that the judgment become final and operative immediately; and (b) the
supreme court may, in the event an appeal is taken, vacate the
automatic stay provided under this section. ADD}
SECTION 2. This act shall take effect upon passage.
* * *
This act would shorten the waiting period between the decision and the entry of the final judgment in all divorce cases to the same waiting period in divorces which are granted on the grounds that the parties have lived separate and apart from each other for at least three (3) years.
This act would take effect upon passage.
