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 at least one spouse to have been a Rhode Island resident for one year. A mandatory 150-day (approximately 5 months) waiting period applies.
Quick Facts
Residency Requirement
1 year residency required
Waiting Period
150 days after filing
Filing Fee
$160-$300
Property Division
equitable distribution
Grounds for Divorce
- •Irreconcilable differences
- •Living separate for 3 years
- •Adultery
- •Extreme cruelty
Key Facts
- ★Rhode Island has a mandatory 150-day (5-month) waiting period
- ★At least one spouse must have been a Rhode Island resident for 1 year
- ★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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Common questions about divorce in Rhode Island
Rhode Island imposes a mandatory 150-day (approximately 5-month) waiting period to provide time for potential reconciliation and to ensure both parties have adequate time to consider the divorce. This is longer than most states and applies to all divorces.
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.