Divorce in Rhode Island

How to file for divorce in Rhode Island

1. Check residency. 1 year in Rhode Island (by either spouse) before filing.
2. Prepare and file the Complaint for Divorce with the Family Court in your county. The filing fee is typically $160, and you can ask for a fee waiver if you cannot afford it.
3. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
4. Exchange financial disclosures. Both spouses must file the confidential DR-6 Statement of Assets, Liabilities, Income and Expenses.
5. Settle the issues in a written agreement, and a parenting plan if you have children.
6. Wait out the waiting period. No fixed wait right after filing, but final judgment cannot enter until 3 months after the trial/decision; total time is about 5 months from filing. Then ask the court for your final judgment.

Residency and grounds

Residency: 1 year in Rhode Island (by either spouse) before filing.

Grounds: No-fault and fault. Most people still file on no-fault grounds, which is simpler and usually cheaper.

Separation: Not required for the irreconcilable-differences ground; living separate and apart for 3 or more years is an alternative no-fault ground.

How property is divided

Rhode Island uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: Rhode Island uses the terms custody (legal custody and physical custody). Every decision is made in the child's best interests.

Parenting class: Not required statewide by statute; some counties (Providence County has been reported to require viewing a parenting-education video before the hearing) may add local requirements.

Child support: Rhode Island uses the income shares model, which combines both parents' incomes, estimates what parents at that income usually spend on children, and divides that amount by each parent's share of income. Try the child support calculator.

Spousal support

Rhode Island alimony is usually rehabilitative rather than permanent, with no fixed formula and support ending automatically if the recipient remarries.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Rhode Island does not have a separate simplified procedure, but an uncontested divorce with a signed agreement is fast and inexpensive.

Legal separation: available in Rhode Island, for couples who want support and parenting orders without ending the marriage.

How long it takes

The minimum is set by the waiting period: no fixed wait right after filing, but final judgment cannot enter until 3 months after the trial/decision; total time is about 5 months from filing. A typical timeline is about 5 months or more uncontested (the 3-month post-trial wait is mandatory); much longer if contested. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in Rhode Island

• A divorce cannot become final until three months after the trial or decision, even in a fully uncontested case.
• Rhode Island still offers old-style 'divorce from bed and board' as its legal separation option.
• Fault grounds such as adultery and cruelty remain available and can influence property division.

Some local details vary by county in Rhode Island, including filing fee, filing fee, parenting course. Check with your county clerk.

Official resources

Official forms and instructions come from Rhode Island's courts. Sources we reviewed:

• courts.ri.gov
• law.justia.com
• rhodeislandlegalservicesauthority.com

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.