Divorce in Rhode Island: A Quick Look at Laws, Forms and Resources

Discussing divorce is tough, but understanding it can make things a bit easier. This page focuses on divorce in Rhode Island, aiming to clear up some of the confusion.

We’re here to walk you through the basic information you need. And remember, there’s more detailed info and useful links on this page too.

Divorce Laws in Rhode Island

Rhode Island allows for no-fault divorce, where no one is blamed for the marriage ending. You can also file for divorce based on fault reasons like adultery or extreme cruelty. To file for divorce in Rhode Island, one spouse must have lived in the state for at least a year.

Rhode Island’s approach, especially regarding fault-based divorces, can be different from other states, so it’s good to understand these specifics.

Process of Filing for Divorce

To start a divorce in Rhode Island, first decide if it’s no-fault or fault-based. You file in the county where you or your spouse lives. There are certain forms you need to complete, available online or at the courthouse.

After filling them out, you need to “serve” these forms to your spouse legally. The process of serving papers in Rhode Island has its own set of rules, which are important to follow.

Get a detailed look at this process in this article: How To File For Divorce in Rhode Island

Child Custody and Support

In Rhode Island, the child’s best interests are key in deciding custody. Custody can be joint or with just one parent, depending on what’s best for the child. Child support is calculated using both parents’ incomes and other factors.

Alimony/Spousal Support

Alimony in Rhode Island is based on several factors. The court considers the length of the marriage, each person’s income, and the need for financial support. Each case is unique, so alimony can vary a lot.

Property Division

Rhode Island uses “equitable distribution” to divide property in a divorce. This means the court divides things fairly, considering many details about your marriage and financial situation. It’s not always a 50-50 split, but what’s considered fair.

Resources

Want to know more about divorce in Rhode Island? Check out the links we’ve provided. They lead to official court sites, government resources, and places to get legal help.

Available Online:

Decision Pending Entry of Final Judgment: https://casetext.com/rule/rhode-island-court-rules/rhode-island-family-court-rules-of-practice/general-rules/rule-18-decision-pending-entry-of-final-judgment-and-final-judgment
Financial Disclosure Affidavit: https://www.courts.ri.gov/PublicResources/forms/Family%20Court%20Forms/Statement%20of%20Assets,%20Liabilities,%20Income,%20and%20Expenses.pdf
Child Support Guidelines and Worksheet: https://ocss.ri.gov/attorney-info/child-support-guidelines
Declaration Under the Uniform Child Custody Jurisdiction Act: http://www.lrcvaw.org/laws/riuccjea.pdf

Forms Not Available Online:

Complaint: This is the initial document you file to start the divorce process.
Summons: This document informs your spouse that you have filed a divorce petition and requires them to respond within a specific timeframe.
Proof of Service: This document verifies that you served the summons on your spouse.
Marital Settlement Agreement: This document outlines the terms of your divorce agreement, including property division, child custody, and child support.
Entry of Appearance and Waiver of Service: This document allows your spouse to waive their right to be served with certain documents during the divorce process.
Notice of Hearing: This document informs you and your spouse of the date and time of your court hearing.
Final Judgment of Divorce: This document officially ends your marriage.

Where to Get the Forms:

You can typically find the forms you need at the family court clerk’s office. Be sure to go to the one in the county where you’ll file for divorce. Contact info is available on the Rhode Island Judiciary website: https://www.courts.ri.gov/Courts/FamilyCourt/Pages/default.aspx

Additional Resources: