equitable distributionNo-Fault and Fault

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.

Neighboring States

All States

Disclaimer: Anew provides educational information and planning tools only. This is not legal advice. Every divorce situation is unique. Always consult a licensed family law attorney in your state for advice specific to your situation.