State Codes and Statutes

Statutes > Rhode-island > Title-15 > Chapter-15-5 > 15-5-12

SECTION 15-5-12

   § 15-5-12  Domicile and residencerequirements. – (a) No complaint for divorce from the bond of marriage shall be granted unlessthe plaintiff has been a domiciled inhabitant of this state and has resided inthis state for a period of one year next before the filing of the complaint;provided, that if the defendant has been a domiciled inhabitant of this stateand has resided in this state for the period of one year next before the filingof the complaint, and is actually served with process, the requirement of thissubsection as to domicile and residence on the part of the plaintiff is deemedsatisfied and fulfilled. The residence and domicile of any person immediatelyprior to the commencement of his or her active service as a member of the armedforces or of the merchant marine of the United States, or immediately prior tohis or her absence from the state in the performance of services in connectionwith military operations as defined in subsection (c) of this section, shall,for the purposes of this section, continue to be his or her residence anddomicile 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 receivedthrough the ex parte affidavit of one witness.

   (b) Every word importing the masculine gender only shall beconstrued in this section to extend to and include females as well as males.

   (c) The term "services in connection with militaryoperations" shall be construed in this section to include persons serving withthe American Red Cross, the Society of Friends, the Women's Auxiliary ServicePilots, and the United Service Organizations.

State Codes and Statutes

Statutes > Rhode-island > Title-15 > Chapter-15-5 > 15-5-12

SECTION 15-5-12

   § 15-5-12  Domicile and residencerequirements. – (a) No complaint for divorce from the bond of marriage shall be granted unlessthe plaintiff has been a domiciled inhabitant of this state and has resided inthis state for a period of one year next before the filing of the complaint;provided, that if the defendant has been a domiciled inhabitant of this stateand has resided in this state for the period of one year next before the filingof the complaint, and is actually served with process, the requirement of thissubsection as to domicile and residence on the part of the plaintiff is deemedsatisfied and fulfilled. The residence and domicile of any person immediatelyprior to the commencement of his or her active service as a member of the armedforces or of the merchant marine of the United States, or immediately prior tohis or her absence from the state in the performance of services in connectionwith military operations as defined in subsection (c) of this section, shall,for the purposes of this section, continue to be his or her residence anddomicile 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 receivedthrough the ex parte affidavit of one witness.

   (b) Every word importing the masculine gender only shall beconstrued in this section to extend to and include females as well as males.

   (c) The term "services in connection with militaryoperations" shall be construed in this section to include persons serving withthe American Red Cross, the Society of Friends, the Women's Auxiliary ServicePilots, and the United Service Organizations.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-15 > Chapter-15-5 > 15-5-12

SECTION 15-5-12

   § 15-5-12  Domicile and residencerequirements. – (a) No complaint for divorce from the bond of marriage shall be granted unlessthe plaintiff has been a domiciled inhabitant of this state and has resided inthis state for a period of one year next before the filing of the complaint;provided, that if the defendant has been a domiciled inhabitant of this stateand has resided in this state for the period of one year next before the filingof the complaint, and is actually served with process, the requirement of thissubsection as to domicile and residence on the part of the plaintiff is deemedsatisfied and fulfilled. The residence and domicile of any person immediatelyprior to the commencement of his or her active service as a member of the armedforces or of the merchant marine of the United States, or immediately prior tohis or her absence from the state in the performance of services in connectionwith military operations as defined in subsection (c) of this section, shall,for the purposes of this section, continue to be his or her residence anddomicile 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 receivedthrough the ex parte affidavit of one witness.

   (b) Every word importing the masculine gender only shall beconstrued in this section to extend to and include females as well as males.

   (c) The term "services in connection with militaryoperations" shall be construed in this section to include persons serving withthe American Red Cross, the Society of Friends, the Women's Auxiliary ServicePilots, and the United Service Organizations.