By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 01, 2024
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State law governs divorce (dissolution of marriage). Rhode Island divorce laws dictate the grounds for divorce, eligibility to file a complaint for divorce, and other legal issues. Some states also have waiting periods and residency requirements. Rhode Island is no different.
Here, we'll highlight divorce laws in Rhode Island. We'll also explain how the divorce process in Rhode Island works and how it addresses such things as alimony, child custody, and property division.
It is helpful to view Rhode Island divorce laws at a glance. The chart below highlights the state's important divorce laws.
See FindLaw's Divorce section for a variety of helpful articles and resources.
| Code section | |
|---|---|
| Residency requirements | One year (if based on the defendant's residency, you must personally serve them a copy of the divorce papers.) |
| Waiting period | 30 days to three months |
| No fault grounds for divorce | Irretrievable breakdown; separation for at least three years |
| Defenses to a divorce filing | Collusion |
| Other grounds for divorce |
|
Note: State laws may change at any time, usually through the enactment of new legislation but sometimes through higher court rulings. You may want to contact a Rhode Island divorce attorney or conduct legal research to verify your state's laws.
To qualify for divorce in Rhode Island, you must meet specific legal requirements. First, you must have lived in-state for at least one year to file a divorce complaint. One of the unique rules in Rhode Island is that you must personally serve your spouse if they are the party meeting the residency rule.
Rhode Island also has a mandatory waiting period. This is the period of time the family law judge must wait before issuing your final divorce decree. The waiting period in Rhode Island can be anywhere from 30 days to three months. It depends on the type of divorce and the facts of your case.
The two main types of divorce in Rhode Island are no-fault and fault-based divorce. Most people today file a no-fault divorce. In a no-fault divorce case, you don't have to point to any specific behavior as the basis for your divorce.
You must only certify that you and your spouse are experiencing irreconcilable differences in a no-fault divorce case. In other words, you no longer work as a married couple, and your marriage is beyond repair.
In a fault-based divorce, you can lay blame for the demise of the marriage. To file a fault-based divorce, you must cite specific behavior on the part of your spouse that caused the marriage to break down.
According to Rhode Island General Laws § 15-5-2, the grounds for divorce include:
You must supply evidence of such behavior if you cite grounds for divorce in your court papers. It's a lot easier to take the no-fault divorce route. Your chances of having an amicable divorce are much better in a no-fault divorce, as there is less animosity and blame.
Whether you file an uncontested or contested divorce depends on your situation. If you and your spouse agree that divorce is the best option, you will file an uncontested divorce action. You and your spouse must agree on the material divorce terms to qualify for this type of divorce.
You will file a contested divorce if you and your spouse can't agree on divorce terms. In a contested divorce, your lawyer will try to negotiate a marital settlement agreement with your spouse's attorney. If they can do this, they will submit a copy of the agreement to the judge for approval. At that point, the case will proceed like an uncontested divorce.
Your case will go to trial if you disagree with these divorce terms. Both parties have a chance to make their cases before the judge. The judge will then decide how to resolve the outstanding legal issues.
Some of the things at issue in a contested divorce include:
Ideally, your attorney will negotiate an agreement with your spouse's lawyer. If not, it will take longer to finalize your divorce. It will also be more expensive.
One of the most contentious issues in any divorce is child custody. The Rhode Island courts presume that children should spend time with both parents. So, it is rare for the courts to grant one parent full legal custody.
On physical custody, the courts usually appoint one parent as the custodial parent. This is the parent the children live with most of the time. It is also the parent who will get child support from the other.
The courts use the child support guidelines to calculate the amount of support due per week or month.
There is no guarantee that either party will get alimony when they divorce. According to Rhode Island General Law § 15-5-16, the judge may order alimony if they determine that one party can't be self-supporting without financial help from the other.
The factors the court considers when determining alimony include:
Rhode Island is one of the few states that consider marital misconduct when determining alimony. If your spouse engaged in egregious behavior during the marriage, you may want to file a fault-based divorce. It could increase your chances of getting more alimony.
Rhode Island is not a community property state. There is no guarantee that the courts will divide your marital assets evenly. Instead, the courts rely on equitable distribution to divide your debts and assets.
With equitable distribution, judges use their best judgment to divide property fairly and equitably. One party may get the marital home while the other gets a larger share of the couple's bank accounts. You and your spouse will rarely walk away with the same property value.
The divorce process is often painful and emotional. There's no reason you should have to go through it alone. With so much at stake, you owe it to yourself to consult an experienced Rhode Island divorce attorney.
Your divorce lawyer will help you throughout the divorce proceedings. They're familiar with Rhode Island divorce laws. They also know how to navigate the Rhode Island family courts. A good attorney will work hard to negotiate a fair marital settlement agreement and get you the best possible outcome.
Contact a qualified attorney.
Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.
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