§ 15-5-14.1 - Automatic orders in divorce cases.
SECTION 15-5-14.1
§ 15-5-14.1 Automatic orders in divorcecases. – (a) Upon the filing of a complaint for divorce, divorce from bed and board,legal separation, annulment, custody or visitation by the plaintiff and uponservice of the petition and summons of the defendant or upon waiver andacceptance of service by the parties, the automatic orders shall be effectivewith regard to the plaintiff upon the signing of the complaint and with regardto the defendant upon service. A copy of the automatic order shall be servedwith the summons and complaint.
(b) Neither party shall sell, transfer, encumber, conceal,assign, remove or in any way dispose of, without the consent of the other partyin writing, or without an order of the court, any property, individually orjointly held by the parties, except in the usual course of business or forcustomary and usual household expenses or for reasonable attorneys' fees inconnection with this action. Nothing in this section shall be construed tocreate liability against or affect the validity of the title to real estate ofany purchaser of real estate for value when the purchaser acts in good faithand without actual knowledge of the court's order.
(c) Neither party shall incur any unreasonable debtsincluding, but not limited to, further borrowing against any credit linesecured by the family residence, further encumbrance of any assets, orunreasonably using credit cards or cash advances against credit or bank cards.Nothing in this section shall be construed to create liability against thecreditor under the terms of the original agreement when the creditor acts ingood faith and without actual knowledge of the court's order.
(d) Neither party shall permanently remove the minor child orchildren from the state of Rhode Island without the written consent of theother party or an order of the court.
(e) Neither party shall cause the other party or the childrenof the marriage to be removed from any medical, hospital and/or dentalinsurance coverage, and each party shall maintain the existing medical,hospital, and dental insurance coverage in full force and effect.
(f) Neither party shall change the beneficiaries of anyexisting life insurance policies, and each party shall maintain the existinglife insurance, automobile insurance, homeowner's or renter's insurancepolicies in full force and effect.
(g) If the parties are living together on the date of serviceof these orders, neither party may deny the other party use of the currentprimary residence of the parties, whether it be owned or rented property,without court order. This provision shall not apply if there is a prior,contradictory court order.
(h) If the parties share a child or children, a partyvacating the family residence shall notify the other party or the other party'sattorney, in writing, within forty-eight (48) hours of such move, of an addresswhere the relocated party can receive communication. This provision shall notapply if there is a prior, contradictory court order.
(i) If the parents of the children live apart during thedissolution proceeding, they shall assist their children in having contact withboth parties, which is consistent with the habits of the family, personally, bytelephone, and in writing unless there is a prior court order.