Divorce in Rhode Island
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Top Resources for Divorce in Rhode Island
Finances, Property and Support
One of the most stressful parts of divorce is deciding who gets what and determining who must pay off marital debt. Spouses must reach agreements on things like splitting assets and debts, either on their own or with outside help from a mediator, financial advisor or attorney.
Other Important Topics about Divorce in Rhode Island
Just as every couple is different, so is every divorce. Some couples can use checklists and other free resources to DIY their divorce through the Rhode Island court system, while others need more help.
Others, including couples with at least one spouse in the military or couples with complicated scenarios (substantial assets, debts, custody concerns, an uncooperative spouse), must follow additional rules.
Related Topics
Important Information About Divorce in Rhode Island
What is the waiting period in Rhode Island?
Hearing must be a minimum of 60 days after petition was served, and final decree cannot be issued until three months and one day after the hearing.
What is the do you need to be separated before filing for divorce? if so, how long? in Rhode Island?
No. But in Rhode Island, you and your spouse are eligible for a “separate and apart” divorce if you have been living apart from each other for 3 or more years.
What is the property (e.g., separate property / equitable property) in Rhode Island?
Equitable Distribution
What is the filing fee in Rhode Island?
$160 https://www.courts.ri.gov/Courts/SuperiorCourt/PDF/Fees.pdf
What is the joint petition possible? in Rhode Island?
No
What is the how do you waive filing fee? in Rhode Island?
If you cannot afford the filing fee, you can file for in forma pauperis status. Ask the clerk for the form and a dr6. If you qualify for in forma pauperis status, your filing fee will be waived.
https://www.helprilaw.org/node/31/basic-divorce-process
What is the annulment rules in Rhode Island?
Marriages cannot be "annuled," but they can be voided.
- incest - you and your spouse are closer in relation than first cousin
- bigamy - you or your spouse was married to someone else at the time of your marriage
- mental incompetence - you or your spouse was mentally incompetent at the time of marriage (for example, severe mental illness or retardation), or
- refusal to consummate marriage – your spouse refuses to have sexual intercourse during the marriage.
What is the is there a faster way to divorce? (e.g., summary dissolution in ca) in Rhode Island?
Nominal divorce is RI's word for "uncontested," and it takes less time overall. There is also a "separate and apart divorce" which you can get if you have already been apart for three years. This is purported to take even less time. .
What is the what are the parties divorcing called? in Rhode Island?
Plaintiff/Defendant
What is the methods of serving the petition (or equivalent) + can the respondent waive service? in Rhode Island?
Sheriff appears to be the only way: "Pay the sheriff the service fee. Give the sheriff a good address (an address where the Defendant can be found from Monday to Friday 9:00 A.M. to 5:00 P.M. is best) to serve the Defendant. Once the Defendant has been served, the sheriff will fill out the back of the summons. You must get the summons back from the sheriff ... You must then file the completed summons with the clerk so that you can prove the Defendant was served." If sheriff is unsuccessful, you must petition to use another method, such as certified mail. https://www.helprilaw.org/node/31/basic-divorce-process
What is the what are the residency requirements for divorce? in Rhode Island?
One spouse must have lived in RI for a year.
What is the does it matter who files first? in Rhode Island?
No.
What is the what is the deadline for the response (or equivalent) in Rhode Island?
20 days
What is the are the parties required to go to court? describe in Rhode Island?
Yes. First is the "nominal date." After that, if needed, there is a case management date for the attorneys. Then, a pretrial date is established.
"If an agreement is reached at any time in the process, the court will usually hear a nominal divorce that day or make arrangements for the nominal to be heard on another date chosen by the parties.
If the parties cannot reach an agreement about the issues in the divorce, the case will go to trial." https://www.helprilaw.org/node/31/basic-divorce-process
What is the are there requirements before you can file or finalize your divorce (like classes, etc) in Rhode Island?
Maybe. "In Providence, the plaintiff and the defendant, if the defendant answers the case, must see the parenting video before the case can be heard."
What is the is separation required before you can finalize your divorce? in Rhode Island?
No.
What is the no-fault state? in Rhode Island?
Both.
What is the if fault, what are the grounds? in Rhode Island?
Impotence, adultery, cruelty, desertion, use of substances, gross misbehavior: https://www.womenslaw.org/laws/ri/divorce/what-are-grounds-divorce-rhode-island
What is the permanent alimony/spousal support? in Rhode Island?
Yes, but rarely.
What is the alimony/spousal support rules in Rhode Island?
Two types: rehabilitative (temporary) and permanent (rare). It is usually considered "rehabilitative." The court looks at age, health, income, skills, employability when making the determination. Pretty good source: https://www.hg.org/legal-articles/rhode-island-divorce-law-alimony-in-ri-18172
What is the child support rules in Rhode Island?
There are guidelines (last updated in 2017) regarding amount, but there may be a deviation from the guideline amount. If there is, this needs to be put in court record.
What is the military divorce rules in Rhode Island?
Divorce proceedings can be put on hold if one is a member of military and on active duty.
What is the is there an official spousal support calculator? if yes, link in Rhode Island?
No, but there is a worksheet and schedule here: https://ocss.ri.gov/sites/g/files/xkgbur511/files/documents/RI_CS_Guideline-2017.pdf
What is the is there an official child support calculator? if yes, link in Rhode Island?
Estimation table: https://ocss.ri.gov/sites/g/files/xkgbur511/files/documents/RI_CS_Guideline_Revision_2018.pdfVisit this page to view Rhode Island's child support table. It intersects parents' combined incomes with the number of children to be supported to provide a ballpark figure.
The Office of Child Support Services in Rhode Island also provides access to a child support worksheet which you can use to calculate an estimated amount. The state uses the Income Shares Model to calculate a weekly child support amount.
The court takes note of many financial details when determining child support. This includes medical expenses, debts, and things like retirement and life insurance benefits. Therefore, the number you arrive at using your own calculations might not be the number prescribed by the judge presiding over your case.
What is the when are you able to file taxes as a single person? in Rhode Island?
If your divorce was finalized by Dec. 31 of the tax year, you MUST file as a single person for the whole year.
What is the can parties legally separate? if so, how? in Rhode Island?
Yes.
What is the where do you file for divorce? (e.g., resident county, etc.) in Rhode Island?
You can file your divorce in the county where the defendant spouse resides if he/she meets the domicile requirement or you can file it in Providence County. There are 4 family courts in Rhode Island, one court for each of the counties except for Bristol and Providence counties that are covered by a single court.
https://edivorce.org/articles/rhode-island-divorce
What is the what are the rules for filing in this place? in Rhode Island?
See above.
What is the what are the primary documents generated for divorce called? in Rhode Island?
A divorce is filed by submitting to the family court clerk the following forms: a complaint, a DR6, two statements listing the children of the divorce, a family services counseling report form, a report of divorce, a copy of the marriage certificate, the summons, and the filing fee. https://www.helprilaw.org/node/31/basic-divorce-process
What is the can you change your name during the divorce process? if so, how? in Rhode Island?
A woman can change her name in the divorce decree. http://webserver.rilin.state.ri.us/Statutes/TITLE15/15-5/15-5-17.htm
What is the can you finalize your divorce while pregnant? if yes, how? in Rhode Island?
No
What is the info on ending domestic partnerships
(formerly "can you end a domestic partnership at the same time as divorce") in Rhode Island?
RI recognizes domestic partnership. "Upon separation, the terms of a Relationship or Partnership
What is the are financial disclosures required? if so, explain in Rhode Island?
Agreement/Contract will come into play if the couple has one. Absent
What is the is there free legal help for divorce in this state? if so, where and how do you access? in Rhode Island?
an agreement, couples can get involved in costly and protracted
What is the is there common law marriage? in Rhode Island?
litigation about property and financial matters but without the divorce
What is the e-filing? in Rhode Island?
system to help them sort through it." Same-sex marriage recognized as of August 1, 2013. That legislation ended civil unions in RI. This download has a lot of info: https://www.glad.org/wp-content/uploads/2017/01/ri-lgbt-overview.pdf
What is the e-filing? in Rhode Island?
Yes. This is the DR-6 form: https://www.courts.ri.gov/PublicResources/forms/Family%20Court%20Forms/Statement%20of%20Assets,%20Liabilities,%20Income,%20and%20Expenses.pdf
What is the court required? in Rhode Island?
Check Rhode Island Legal Services: https://www.helprilaw.org/
What is the are you required to appear in court at any point in the divorce process? in Rhode Island?
Not all state statutes expressly allow for common law marriages. In Rhode Island, case law recognizes common law marriages. -- https://www.ncsl.org/research/human-services/common-law-marriage.aspx
What is the more divorce information: in Rhode Island?
Yes, and it appears to be mandatory. https://www.courts.ri.gov/efiling/Pages/default.aspx
