Divorce in Rhode Island
Rhode Island allows both fault and no-fault grounds for divorce. The state uses equitable distribution for property division and requires one year of residency. A divorce trial generally cannot start until 60 days after the case begins, and the judgment becomes final 3 months after the trial and decision.
Quick Facts
Residency Requirement
1 year (filer, or a served resident defendant)
Waiting Period
60 days to trial, final 3 months after decision
Filing Fee (approximate, varies by county)
$160-$300
Property Division
equitable distribution
Grounds for Divorce
- Irreconcilable differences
- Living separate for 3 years
- Adultery
- Extreme cruelty
Key Facts
- A trial generally cannot start until 60 days after the case begins, and the judgment becomes final 3 months after the decision
- The filing spouse must have lived in Rhode Island for 1 year, or the other spouse must have and be served with the papers
- Property is divided by equitable distribution
- Both fault and no-fault grounds are available
- Rhode Island has a separate Family Court that handles all divorce cases
Child Custody
Rhode Island courts determine custody based on the best interests of the child. The court considers the wishes of the parents and child, the child's relationship with each parent, the child's adjustment to home and school, and the health of all individuals involved.
Alimony / Spousal Support
Rhode Island courts may award alimony based on the length of the marriage, the conduct of the parties, each party's health and age, their respective occupations and income, and the ability of the requesting spouse to become self-supporting. Alimony may be rehabilitative or for a fixed term.
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FAQs
Common questions about divorce in Rhode Island
Unless the court orders otherwise, a divorce trial cannot start until 60 days after the case begins, and a judgment becomes final 3 months after the trial and decision, so about 5 months at minimum. Divorces based on 3 years of separation have a 20-day period after the decision instead.
Yes. Rhode Island has a dedicated Family Court that handles all divorce and family law matters. This specialized court hears cases related to divorce, custody, child support, domestic violence, and other family issues, providing judges with focused expertise.