(a) Whenever, in the trial of any complaint for divorce from the bond of marriage or any
complaint for dissolution of a marriage, it shall be alleged in the complaint that
the parties have lived separate and apart from each other for the space of at least
three (3) years, whether voluntarily or involuntary, the court shall, upon a finding
that the allegation is true, enter a decision pending entry of final judgment of divorce,
which may include provisions for alimony.
(b) Final judgment shall not be entered until the expiration of twenty (20) days after
entry of the decision pending entry of final judgment or, if the time for taking an
appeal has been extended pursuant to Rule 4 of the Rules of Appellate Procedure, Article I, Rule 4 of the Supreme Court Rules, until the expiration of the extended period.
(c) Final judgment may be entered ex parte and in chamber on the suggestion of the prevailing
party.
(d) If no final judgment is presented to the court for entry within one hundred eighty
(180) days next after the expiration of twenty (20) days from the date of decision,
a final judgment may be entered only in open court and on motion or written consent
of the attorneys or parties.
(e) Notice of the filing of the motion shall not be required in cases in which the original
complaint is unanswered.
(f) 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:
(1) The family court may, prior to the filing of a notice of appeal, order that the judgment
become final and operative immediately; and
(2) The supreme court may, in the event an appeal is taken, vacate the automatic stay
provided under this section.
Notes of Decisions
Cited in
10
cases, 1967–2007 · leading case:
Lembo v. Lembo, 677 A.2d 414 (R.I. 1996).
Lembo v. Lembo, 677 A.2d 414 (R.I. 1996).
· cites it 5× “The husband next argues that the Family Court justice erred by failing to grant a divorce on the ground that the parties had lived separate lives apart from each other for three years pursuant to G.L.1956 § 15-5-3. We note that nowhere in the husband’s sixty-page brief or in his…”
Chambers v. Ormiston, 935 A.2d 956 (R.I. 2007).
· cites it 2× “Section 15-5-3 (a). 29 .Section 15-5-2(3).”
Stanzler v. Stanzler, 560 A.2d 342 (R.I. 1989).
· cites it 4× “Among other assets, the trial justice awarded the marital home to defendant. Finally, he awarded defendant a specific amount of alimony for a five-year period.”
Murphy v. Murphy, 471 A.2d 619 (R.I. 1984).
“1956 (1969 Reenactment) § 15-5-3 which provided that it was to apply to “petitions pending before the court as well as to those hereinafter filed.”
Dyer v. Tsapis, 249 S.E.2d 509 (W. Va. 1978).
“§ 50-6 [1977]; R.I. Gen. Laws Ann. § 15-5-3 [1977]; S.C.”
Smith v. Smith, 382 A.2d 182 (R.I. 1978).
· cites it 2× “1956 (1969 Reenactment) §15-5-3, the petitioner’s “bad conduct” is not a complete bar to relief, but it may be taken into consideration by the trial justice as an aid in exercising the discretion given to him under §15-5-3 as to whether or not the divorce should be granted.”
Zaharakos v. Zaharakos, 374 A.2d 101 (R.I. 1977).
· cites it 2× “1956 (1969 Reenactment) §15-5-3 which made it mandatory upon the trial justice to grant a divorce if the parties were found to be living separate and apart from each other for at least 3 years.”
Harwood v. Harwood, 385 A.2d 1055 (R.I. 1978).
· cites it 8× “General Laws 1956 (1969 Reenactment) §15-5-3. Under that section the Family Court must grant a divorce whenever it is determined that the parties have, in fact, lived separate and apart for 3 years.”
Pires v. Pires, 227 A.2d 477 (R.I. 1967).
“1956, §15-5-3, the husband filed a petition in the family court for an absolute divorce on the ground that the parties had lived separate and apart for the space of at least ten years.”
Rosario v. Rosario, 229 A.2d 59 (R.I. 1967).
“1956, § 15-5-3, was heard by a justice of the family court.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.