Rhode Island Divorce: What You Need to Know

The legal procedure that formally dissolves a marriage in Rhode Island is a divorce, which is known as a dissolution of marriage. In Rhode Island, divorces are conducted by the Family Court in the county where either spouse resides; however, each state has its own specific regulations. This guide outlines the Rhode Island divorce process, including waiting periods, types of divorces, court procedures, county-level filing information, residency requirements, and procedures for obtaining divorce records.

How Does Divorce Work in Rhode Island?

In Rhode Island, you must be a resident before you may file for divorce. At least one spouse must have resided in the state for a full year before filing. The case must be filed in either spouse's home county's Family Court.

Both fault-based and no-fault divorces are accepted in Rhode Island. The most popular excuse for not being at fault is “irreconcilable differences” that led to the dissolution of the marriage. Living apart for a minimum of three years is another no-fault excuse.

Adultery, severe brutality, chronic drug or alcohol abuse, desertion, impotence, and deliberate neglect are examples of fault-based grounds. Fault may have an impact on custody or financial decisions, but it is not necessary to fault to obtain a divorce.

Additionally, before a divorce may be finalized in Rhode Island, a waiting time of at least 60 days must pass after filing. A hearing before a Family Court judge is necessary even in instances that are not contested.

Types of Divorce in Rhode Island

Rhode Island law provides several types of divorce:

• Uncontested divorce: Both spouses agree on all terms, including child custody, property division, and spousal support. These cases are resolved more quickly.
• Contested divorce: Disagreements exist, requiring mediation, multiple hearings, or a trial. These cases are more time-consuming and costly.
• No-fault divorce: Based on irreconcilable differences or three years of separation.
• Fault-based divorce: Grounds such as adultery or cruelty may be used, though less commonly today.
• Collaborative divorce: Couples may negotiate through attorneys and mediators outside of trial.
• Legal separation: Rhode Island allows legal separation (called a “separate maintenance action”), which sets custody, property, and support arrangements without dissolving the marriage.

Rhode Island Divorce Court Process and Forms

In Rhode Island, divorces are typically filed in the Family Court of the county where one spouse resides. When one spouse (the plaintiff) files a Complaint for Divorce, the procedure starts.

Other required documents may include:

• Summons
• Statement Listing Children of the Marriage
• Financial Statement
• Parenting Plan (if children are involved)
• Marital Settlement Agreement (for uncontested cases)

The complaint and summons must be delivered to the other spouse, known as the defendant, typically by certified mail, a sheriff, or a constable. After that, the defendant has 20 days to provide an answer.

Financial disclosures must be shared between the two parties. Before custody decisions are made, parents of minor children involved must finish a Parenting Education Program.

In custody and visitation cases, judges frequently mandate mediation. The matter may go to trial if mediation is unsuccessful.

When the judge gives a Final Judgment of Divorce, the divorce is considered final. Rhode Island, meanwhile, provides a three-month "nisi period" following the entry of the judgment. This implies that, unless it is waived in certain situations, the divorce does not become final until three months have passed.

City- and County-Level Filing Details

Divorces in Rhode Island are filed at the county level in Family Courts. Here are details for each county:

• Providence County (Providence):
  • Courthouse: The Family Court responsible for divorce cases in Providence County is in the Garrahy Judicial Complex, 1 Dorrance Plaza, Providence, RI 02903.
  • Services: You can find self-help resources and forms for this court online; the family court in this county requires mediation in custody disputes.
• Kent County (Warwick):
  • Courthouse: The Family Court serving Kent County can be found at 222 Quaker Lane, Warwick, RI 02886.
  • Services: The Clerk for this court provides filing packets and mandatory parenting classes in custody cases.
• Newport County (Newport):
  • Courthouse: You may find the Newport County Family Court at its location at 45 Washington Square, Newport, RI 02840.
  • Services: The clerk of court for this county provides filing instructions; the court also offers parenting programs for couples with children.
• Washington County (Wakefield):
  • Courthouse: The Family Court, which handles cases in the Washington County area, is located at the McGrath Judicial Complex, 4800 Tower Hill Road, Wakefield, RI 02879.
  • Services: This family court provides its forms online and offers mediation services in family cases.
• Bristol County (Bristol):
  • Courthouse: Cases in Bristol County are generally heard at the Providence County Family Court in the Garrahy Judicial Complex.
  • Services: You can get filing assistance for divorce through the Providence location.

How to Search for Divorce Records in Rhode Island

Although sensitive information, such as Social Security numbers, bank account details, and information about minor children, is withheld, Rhode Island divorce documents are typically available to the public. The Family Court Clerk in the county where the divorce was finalized is responsible for maintaining the records.

Ways to access records include:

• At the courthouse: Certified copies of divorce decrees and case files can be requested in person for a fee.
• Online: Rhode Island does not have a statewide divorce record portal, though docket information may be available through the Rhode Island Judiciary Public Portal. Full documents must be obtained at the courthouse.
• Vital Records: The Rhode Island Department of Health, Office of Vital Records issues divorce certificates (summary documents, not full decrees) for divorces granted since 1962. This list includes the names, dates, and counties of divorce.
• Third-party services: Some private websites provide record searches, but only the courts or Vital Records can issue certified copies.

The names of the spouses, the date and county of the divorce, the case number, and the court's rulings on custody, property division, spousal support, and alimony are usually included in divorce documents. The official documentation of the marriage's legal dissolution is the Final Judgment of Divorce.

Key Points

• Divorce in Rhode Island is filed in Family Court in the county where either spouse lives.
• Residency requires one year in the state before filing for residency.
• Rhode Island allows both no-fault and fault-based divorces.
• A 60-day waiting period and a three-month nisi period apply before divorces are final.
• Parents are required to attend parenting education programs, and mediation is often used in custody disputes.
• Divorce records are public and available through Family Court clerks, with certificates provided by the Department of Health.