Rhode Island | Divorce.Pro

Uncontested Divorce in Rhode Island

To qualify for an uncontested divorce (called “dissolution of marriage”) in Rhode island, the following must apply:

Residency:
Either spouse must have been a bona fide resident of Rhode Island for at least 1 year before filing.
If both spouses live in Rhode Island, only one needs to meet the residency requirement.
Grounds for Divorce
- Rhode Island allows no-fault divorce based on irreconcilable differences that have led to the breakdown of the marriage.
Full Agreement:

You and your spouse must be in full agreement on all divorce terms, including:
- Division of property and debts
- Alimony (spousal support), if any
- Child custody, parenting time, and support (if applicable)

Forms depend on whether or not children are involved. Typical documents include:

2. File with the Family Court

File your paperwork in the Family Court of the county where either spouse lives.
Filing Fee: Typically $145–$200, depending on the county.

3. Serve the Other Spouse

If filing jointly, you can waive formal service.
If filing individually, you must serve your spouse using certified mail or a sheriff’s deputy unless they sign a Waiver of Service.

4. Nominal Hearing

Uncontested divorces require a court appearance, known as a nominal divorce hearing.
This hearing is scheduled about 75 days after filing.
Both parties should attend and testify briefly that they agree to the terms.

5.Final Decree of Divorce

After the nominal hearing, the court will issue an interlocutory order.
The divorce becomes final after a 90-day waiting period, at which point the Final Judgment of Divorce is entered.

With Children:
- You must submit a Parenting Plan, Child Support Worksheet, and attend mandatory parenting education classes
- Custody and support decisions must align with the best interests of the child
Property Division:
- Rhode Island follows equitable distribution—marital assets and debts are divided fairly, though not necessarily equally
Spousal Support:
- Can be agreed upon or waived in the settlement
Legal Review Recommended:
- Particularly important if you have children, real estate, or retirement accounts