Russell and Gerlynn are already divorced. They skated through the procedure because neither one of them wanted to pay for an attorney. They drafted the Final Judgment of Divorce by looking at another one that had been filed in another case. In their Rhode Island Divorce proceeding they had no children, no debts and no assets except for their home that Gerlynn was living in at the time of the divorce hearing.
On the witness stand Russell asked Gerlynn if she agreed that she would move out of the house and the house would be sold. Gerlynn said "Yes".
It is now eight (8) months after the Final Judgment of Divorce was entered by the court. There is no statement in the Final Judgment about how the house will be handled.
Russell would like his money from the equity in the house but Gerlynn isn't showing any signs of moving out at all.
Russell approaches Gerlynn. Gerlynn says she can't move because she doesn't make enough money to rent an apartment on her own and she doesn't have any credit. Russell asks her how long she thinks she needs. Gerlynn says about a year or two. Russell is dumbfounded and files a Motion in Family Court to force Gerlynn out of the house.
At the time of hearing, Russell got the transcript ($68) which shows Gerlynn agreed to move out. The judge looks at the Final Judgment of Divorce which does not reflect this agreement in the actual Order of the court.
The Judge's Decision is as follows:
Nothing having been Ordered in the Final Judgment of Divorce in this matter as to the marital home or as to the amount of time Gerlynn _______ may reside therein, Plaintiff Russell ________'s Motion is Dismissed without Prejudice.
After the Decision Russell spoke up, "but Judge . . . how long is it before she has to move out?"
The Judge responded, "Sir, how long does it say she has in the Final Judgment of Divorce?"
Russell looked at the Final Judgment of Divorce blankly . . . "it doesn't say anything".
The Judge looked at Russell.
Russell: "But that doesn't mean she can stay forever does it?"
The Judge: I can't counsel you on that Sir except to say that perhaps you should have had a lawyer help you with your divorce.
Authored by:
Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI 02910
Phone: (401) 354-2369
Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.
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