Rhode Island divorce laws

Where and how to file in Rhode Island

Who can file (residency)

The spouse filing must have been domiciled in and lived in Rhode Island for the 1 year before filing. If the filer hasn't, it's enough that the other spouse has lived there for 1 year and is actually served with the papers.

Waiting period

After the hearing and decision, the divorce doesn't become final until 3 months later; then the final judgment can be entered (ex parte, within the next 180 days). You can't remarry until final judgment is entered. No separation is needed for irreconcilable differences.

Court

Rhode Island Family Court

Official forms

Divorce forms (Rhode Island courts)

Court self-help

Divorce self-help (Rhode Island courts)

Filing fee

Check with your court

E-filing

Allowed but not required for self-represented litigants (Rhode Island Judiciary e-filing rules, Article X, Rule 3(b)): https://www.courts.ri.gov/Legal-Resources/Pages/electronic-filing.aspx

Law

R.I. Gen. Laws 15-5-12 · R.I. Gen. Laws 15-5-23

Divorce in Rhode Island, step by step

1. Check that you can file in Rhode Island

   The spouse filing must have been domiciled in and lived in Rhode Island for the 1 year before filing.

2. Get the official forms

   Use the court's official divorce forms: Divorce forms (Rhode Island courts)

3. File the papers and pay the fee, or ask for a waiver

   File with the Rhode Island Family Court.

4. Serve your spouse

   Your spouse must be served with the summons, complaint, Language Assistance Notice and other required documents under the Family Court rules.

5. Your spouse responds

   20 days after service. The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.

6. Wait out the waiting period

   After the hearing and decision, the divorce doesn't become final until 3 months later; then the final judgment can be entered (ex parte, within the next 180 days).

7. Agree, or go to mediation or a hearing

   If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.

8. Get the final decree

   The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. On request, the divorce decree must authorize you to change your name, even if there are children of the marriage.

Free tools for Rhode Island

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Divorce timeline estimator for Rhode Island

See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.

Grounds for divorce in Rhode Island

No-fault ground

irreconcilable differences which have caused the irremediable breakdown of the marriage (or living separate and apart for at least 3 years)

Fault grounds

Also allowed

Law

R.I. Gen. Laws 15-5-3.1, 15-5-3, 15-5-2 (impotency, adultery, extreme cruelty, willful desertion, drunkenness, drug use, neglect to provide, gross misbehavior)

Property and debts in Rhode Island

System

Equitable distribution

The rule

The court may assign each spouse a share of the other's estate after considering factors such as length of marriage, conduct, contributions to acquiring and keeping property, and homemaker services.

Law

R.I. Gen. Laws 15-5-16.1

Alimony (spousal support) in Rhode Island

The Family Court may order either spouse to pay alimony. It considers length of marriage, conduct, health, age, income, job skills and employability, and needs, plus whether a spouse can't support themselves because of caring for a child or lacks skills. No formula. R.I. Gen. Laws 15-5-16.

Children: custody and support in Rhode Island

What Rhode Island calls custody

custody and placement (visitation/parenting time)

Child support agency

Rhode Island Office of Child Support Services

Serving your spouse in Rhode Island

How your spouse gets the papers

Your spouse must be served with the summons, complaint, Language Assistance Notice and other required documents under the Family Court rules.

Time to respond

20 days after service

Law

R.I. Family Court Rules of Domestic Relations Procedure, Rule 12(a)

Going back to a former name in Rhode Island

Yes. On request, the divorce decree must authorize you to change your name, even if there are children of the marriage. R.I. Gen. Laws 15-5-17.

Free help in Rhode Island

• Rhode Island Family Court

Good to know in Rhode Island

• Even after the judge decides, you wait 3 more months before the divorce is final. (R.I. Gen. Laws 15-5-23)
• Living apart for 3 years is a separate no-fault ground. (R.I. Gen. Laws 15-5-3)
• Marital conduct is a factor in both property division and alimony. (R.I. Gen. Laws 15-5-16, 15-5-16.1)

Changes in 2024–2026

R.I. Gen. Laws 15-5-17 (change of name after divorce) was amended by P.L. 2024, ch. 163 and ch. 165, effective June 17, 2024; it now lets any divorced person (not just a woman) get name-change authority in the decree.

Divorce checklist for Rhode Island

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Questions about divorce in Rhode Island

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