How to File for Divorce in Rhode Island

In Rhode Island, divorces are filed in the Family Court for your county. Rhode Island uses equitable distribution and allows both no-fault and fault grounds. Uncontested cases typically involve a brief “nominal” hearing and become final after a built-in wait.

Requirements to File

At least one spouse must have lived in Rhode Island for one year before filing (or before the final hearing, depending on the path). File in the Family Court where either spouse resides. After your uncontested hearing, the judgment usually becomes final about 90 days later during the court’s “nisi” period.

Step-by-Step Process

Choose your path and gather forms.
For an uncontested case, prepare a Complaint for Divorce, Summons, and financial statements with a proposed Marital Settlement Agreement. With children, include a Parenting Plan and expect parent education.

File with the clerk.
File at the Family Court clerk. Pay the filing fee or request a fee waiver if needed. You’ll receive a case number and filed copies.

Serve your spouse.
Arrange sheriff or constable service, certified mail where permitted, or obtain a signed acceptance. If you cannot locate your spouse despite diligent efforts, request alternate service. Keep your proof of service.

Track timelines and disclosures.
A respondent generally has 20 days to answer. Exchange complete financial information early to streamline settlement and court review.

Settle or set a hearing.
If you settle, submit your Settlement Agreement, child-related orders if applicable, and a proposed Final Judgment. The court will schedule a nominal hearing for uncontested cases; contested cases follow the court’s calendar.

Receive the final judgment.
After the nominal hearing, a Decision Pending Entry of Final Judgment issues, and the divorce becomes final after the nisi period (commonly about 90 days). Obtain certified copies.

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FAQs

Is there a separation requirement in Rhode Island?
No separation is required to file; uncontested cases typically finalize after a nominal hearing and a roughly 90-day nisi period.

Which court handles divorces in Rhode Island?
The Family Court for your county.

How long does a Rhode Island divorce take?
Uncontested cases often conclude soon after the nisi period following the nominal hearing; overall timing depends on service, disclosures, and settlement.