In order to protect the parties, the legislature and the Court have established
certain Automatic Orders, which go into effect whenever someone files
a divorce, or a complaint for relief other than a divorce. The full text
of the Automatic Orders is set forth below:
The following automatic orders shall apply to both parties to a complaint
for dissolution of marriage, legal separation, annulment, custody or visitation.
The automatic orders shall be effective with regard to the plaintiff upon
signing of a complaint and with regard to the defendant upon service of
the summons and complaint or upon waiver and acceptance of service. The
following orders shall remain in place during the pendency of the action,
unless modified, terminated or amended by further order of the court upon
motion of either of the parties. An automatic order shall not apply insofar
as a prior, contradictory order has entered.
1. Neither party shall sell, transfer, encumber, conceal, assign, remove
or in any way dispose of, without the consent of the other party in writing,
or without an order of the court, any property, individually or jointly
held by parties, except in the usual course of business or for customary
and usual household expenses or for reasonable attorney's fees in
connection with this action.
2. Neither party shall incur any unreasonable debts, including but not
limited to, further borrowing against any credit line secured by the family
residence, further encumbrancing any assets, or unreasonably using credit
cards or cash advances against credit bank cards.
3. Neither party shall permanently remove the minor child or children from
the state of Rhode Island, without the written consent of the other party
or an order of the court.
4. Neither party shall cause the other party or the children of the marriage
to be removed from any medical, hospital and/or dental insurance coverage,
and each party shall maintain the existing medical, hospital, and dental
insurance coverage in full force and effect.
5. Neither party shall change the beneficiaries of any existing life insurance
policies, and each party shall maintain the existing life insurance, automobile
insurance, homeowner's or renter's insurance policies in full
force and effect.
6. If the parties are living together on the date of service of these orders,
neither party may deny the other party use of the current primary 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
7. If the parties share a child or children, a party vacating the family
residence shall notify the other party or the other party's attorney,
in writing, within forty-eight hours of such move of an address where
the relocated party can receive communication. This provision shall not
apply if there is a prior, contradictory court order.
8. If the parents of the children live apart during the dissolution proceeding,
they shall assist their children in having contact with both parties,
which is consistent with the habits of the family, personally, by telephone,
and in writing unless there is a prior court order.
BY ORDER OF THE COURT
Jeremiah S. Jeremiah, Jr.
Failure to obey these orders may be punishable by contempt of court. If
you wish to modify these orders, you must file an appropriate motion with
the Family Court Domestic Clerk's Office in the county where the action
Service of automatic orders shall be made with service of process of a
complaint for dissolution of marriage, legal separation, annulment, custody
DR42 REV 9/4/98