CHAPTER 145

96-H 8034A

Approved Aug. 5, 1996.

AN ACT RELATING TO DOMESTIC RELATIONS -- DIVORCE AND SEPARATION

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 shall have been a domiciled inhabitant of this state and have resided in this state for a period of one year next before the filing of the complaint; provided, that if the defendant shall have been a domiciled inhabitant of this state and shall have resided in this state for the period of one year next before the filing of the complaint, and shall actually be served with process, the above requirement as to domicile and residence on the part of the plaintiff shall be deemed to have been satisfied and fulfilled; provided, however, 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) 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 thereafter. {ADD Testimony to prove domicile and residence may be received through the ex parte affidavit of one (1) witness. ADD}

(b) Wherever used in this section, every word importing the masculine gender only shall be construed to extend to and include females as well as males.

(c) Wherever used in this section, the term "services in connection with military operations" shall be construed 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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