Divorce Checklist for Rhode Island

Rhode Island requires at least one spouse to have been a domiciled inhabitant and resident of the state for a minimum of one year immediately before filing, per R.I. Gen. Laws § 15-5-12. The plaintiff must satisfy this requirement at the time of filing. Alternatively, if the plaintiff lives outside Rhode Island, the defendant must have resided in the state for at least one year and be personally served within the state. Military personnel stationed outside Rhode Island retain residency during active service and for 30 days after discharge. You will file in the Family Court in the county where you reside: Providence County (Providence), Kent County (Warwick), Washington County (Wakefield), or Newport County (Newport). If you do not live in Rhode Island, file in Providence County or the county where your spouse lives. Gather proof of residency such as a driver's license, utility bills, voter registration, or lease agreement showing your Rhode Island address for at least 12 consecutive months.

Rhode Island permits both no-fault and fault-based divorce. The most common ground is irreconcilable differences under R.I. Gen. Laws § 15-5-3.1, which requires showing that irreconcilable differences have caused the irremediable breakdown of the marriage, irrespective of either party's fault. A second no-fault ground under § 15-5-3 allows divorce when spouses have lived separate and apart without cohabitation for at least three years. Fault-based grounds under § 15-5-2 include impotency, adultery, extreme cruelty, willful desertion for five years, habitual drunkenness, habitual drug use, neglect and refusal to provide suitable support for at least one year, and gross misbehavior and wickedness in violation of the marriage covenant. Note that under § 15-5-3.1, allegations of specific misconduct are generally inadmissible except regarding property division under § 15-5-16.1 or when child custody is at issue. Most Rhode Island divorces cite irreconcilable differences.

Before filing, assemble all personal and financial records you will need throughout the divorce process. Rhode Island requires both parties to file a comprehensive DR-6 (FC-5) Statement of Assets, Liabilities, Income and Expenses with the initial complaint and any answer or counterclaim. This nine-page financial form covers virtually every form of asset, debt, income, expense, and investment. You must certify under penalty of perjury that all information is complete, true, and accurate. Begin collecting certified copies of your marriage certificate, birth certificates for minor children, three years of federal and state tax returns, recent pay stubs, bank and investment account statements, retirement account statements, real estate deeds, vehicle titles, insurance policies, and all outstanding debt documentation. Having these records organized before filing prevents delays and ensures your DR-6 accurately reflects your financial position on the filing date.

If you are experiencing domestic violence, create a safety plan before filing for divorce. Filing may escalate dangerous situations, so take protective steps first. Rhode Island offers protective restraining orders through both the Family Court and District Court. You can obtain a temporary restraining order without your spouse present in an emergency by filing a complaint for protection from abuse. The Rhode Island Coalition Against Domestic Violence (RICADV) operates a 24-hour helpline at 1-800-494-8100 and provides shelter referrals at https://ricadv.org/shelter-housing. The National Domestic Violence Hotline is available at 1-800-799-7233. Rhode Island Legal Services (401-274-2652) may have different income eligibility requirements for domestic violence victims, meaning you may qualify for free legal representation even if your income exceeds standard thresholds. Store copies of important documents, identification, and emergency funds in a secure location outside the home.

Complete Form FC-56 (Complaint for Divorce or Divorce from Bed and Board), revised July 2023, which is the primary document initiating your divorce case. This three-page form requires you to state your grounds for divorce (typically irreconcilable differences under R.I. Gen. Laws § 15-5-3.1), provide basic identifying information for both spouses, list any minor children of the marriage, disclose any other pending court actions between the parties, and specify the relief you are requesting regarding property division, alimony, child custody, child support, and restoration of a former name. You must also indicate whether you are requesting the case be placed on the nominal track (uncontested) or the contested track. The vast majority of Rhode Island divorces are filed on the nominal track. Download Form FC-56 from the Rhode Island Judiciary website at courts.ri.gov or obtain a copy from the Family Court clerk's office in your county.

Complete the DR-6 (also designated FC-5), officially titled the Statement of Assets, Liabilities, Income and Expenses. Rhode Island Family Court rules require this form to be filed with every divorce complaint, answer, or counterclaim. The DR-6 is a comprehensive nine-page financial disclosure form that covers total monthly gross income from all sources, total monthly expenses including housing and living costs, a complete inventory of all assets including real estate, vehicles, bank accounts, investments, retirement accounts, and personal property, and all liabilities including mortgages, loans, and credit card balances. You must certify the information under the pains and penalties of perjury. Report your financial situation as of the filing date — if you are currently employed but expect a change, list your present income. Both plaintiff and defendant must each file their own DR-6. Accurate completion is critical because the court relies on this form to make decisions about property division, alimony, and child support.

Beyond the complaint and DR-6, Rhode Island Family Court requires several additional forms to be filed simultaneously. Complete Form FCD-77-1 (Statement Listing Children of the Marriage) — you must file two copies listing all minor children, their dates of birth, and current addresses. Complete Form VS-6 (Report of Divorce or Annulment), which the Rhode Island Department of Health requires for vital statistics records and includes details about marriage duration and grounds for divorce. Complete Form FCU-1 (Family Services Counseling Unit Report), which provides information for the court's family counseling services. If children are involved, prepare a Child Support Guideline Worksheet (Form DR-30) calculating support based on both parents' gross income, number of children, healthcare costs, and childcare expenses using Rhode Island's child support guidelines under § 15-5-16.2. You will also need to prepare the Summons (Form FC-2), which the clerk issues to formally notify your spouse of the divorce action.

File your completed Complaint for Divorce (FC-56), DR-6 financial statement, Statement Listing Children (FCD-77-1), Report of Divorce (VS-6), Family Services Counseling Report (FCU-1), certified marriage certificate, Summons (FC-2), and Child Support Worksheet (DR-30 if applicable) with the Family Court clerk in your county. The filing fee is $160.00, payable by cash, check, or money order to the Family Court. If you cannot afford the filing fee, file a Motion to Proceed In Forma Pauperis with an Affidavit of Indigency — the fee may be waived if your income falls below 150% of the federal poverty level. Upon filing, the clerk will assign your case a docket number and schedule a nominal hearing date approximately 65-70 days later. The clerk will return the summons and a copy of the complaint along with an information packet that must be served on the defendant. You are responsible for arranging service — the court does not serve papers for you.

After filing, you have 120 days to serve the defendant with the divorce papers, including the summons, a copy of the complaint, and the information packet provided by the clerk. Under Rhode Island's Rules of Civil Procedure, service must be made by a sheriff or deputy sheriff within the sheriff's county, a duly authorized constable, or any person who is not a party and is at least 18 years of age (if specially appointed by court order). The most common method is personal delivery by the county sheriff or a licensed constable, who physically hands the documents to the defendant. Service typically costs $30-$50. Provide the sheriff with an accurate address where the defendant can be found during business hours. Once service is completed, the sheriff completes the return of service on the back of the summons. You must retrieve the completed summons and file it with the clerk as proof of service. Unauthorized service carries penalties of $500-$1,000 in fines and up to one year imprisonment.

Upon filing, automatic court orders (Form DR-42) take immediate effect for the plaintiff and become effective for the defendant upon service. These orders, which remain in force throughout the divorce proceedings, prohibit both parties from incurring unreasonable debts, further borrowing against credit lines secured by the family residence, encumbering assets, or making unreasonable charges on credit cards or cash advances. Neither party may permanently remove minor children from Rhode Island without written consent of the other party or a court order. Neither party may remove the other spouse or children from existing medical, hospital, or dental insurance coverage. Both parents must facilitate the children's contact with both parties consistent with family habits, unless a prior court order states otherwise. Violations of automatic orders can result in a finding of contempt, an award of attorneys' fees to the other party, and damages such as reimbursement for medical bills if insurance was cancelled. These restrictions protect the marital estate during litigation.

After being served, the defendant has 20 days to file an Answer to the Complaint with the Family Court. The defendant's response must address each allegation in the complaint and may include a Counterclaim requesting their own relief regarding property division, alimony, child custody, and child support. The defendant must also file their own DR-6 (FC-5) financial statement and an Entry of Appearance with the clerk at the time of filing the answer. If the defendant fails to file an answer within 20 days, you may request that the court enter a default judgment, meaning the court will likely grant all relief requested in your complaint without the defendant's input. A default judgment typically proceeds at the nominal hearing, where you present testimony and evidence to the court. If the defendant does file an answer and counterclaim, both parties proceed toward the nominal hearing date to attempt resolution. The 20-day deadline runs from the date of actual service, not the filing date.

The Family Court clerk schedules a nominal hearing approximately 65-70 days after the complaint is filed. This hearing serves as the first court date and determines the case's path forward. If the defendant has defaulted (failed to answer or appear) or if both parties agree on all issues — including property division, alimony, child custody, child support, and any other matters — the divorce will be heard at the nominal hearing. Both parties present their agreement to the judge or magistrate, who reviews the terms and may ask questions. If the court approves, the judge grants the divorce and enters a Decision Pending Entry of Final Judgment. However, if any issues remain unresolved, the case moves to the contested track and you will be assigned a date for a case management or status conference. You do not need to appear at the nominal hearing if issues are unresolved — the case will automatically be reassigned. Rhode Island law under § 15-5-23 mandates a 3-month waiting period before the divorce becomes final.

If your case moves to the contested track, both parties enter the discovery phase, during which each side gathers information and evidence from the other. Discovery tools include interrogatories (written questions that must be answered under oath), requests for production of documents (compelling financial records, communications, and other evidence), requests for admissions (asking the other party to admit or deny specific facts), and depositions (sworn interviews conducted outside of court). Discovery is critical when a spouse is unaware of the nature and extent of marital property. The court will schedule one or more pre-trial conferences where attorneys present updates on negotiations and outline unresolved issues. Judges strongly encourage settlement at this stage, noting that contested trials are expensive and emotionally draining. Under R.I. Gen. Laws § 15-5-16.1, the court considers 12 factors in dividing property equitably, including length of marriage, conduct, contributions, health, income, and employability. The Family Court may also refer the case to mediation.

Trial is the final step in a contested Rhode Island divorce and occurs only when the parties cannot reach agreement through negotiation, mediation, or pre-trial conferences. Contested divorce trials are relatively rare in Rhode Island Family Court. At trial, each side presents testimony, documentary evidence, and witnesses before the judge. The court hears arguments regarding all unresolved issues including equitable distribution of marital property under the 12 factors of § 15-5-16.1, alimony under § 15-5-16, child custody under the best interests standard of § 15-5-16(d), and child support under the guidelines of § 15-5-16.2. After considering all evidence, the judge issues a decision resolving the contested issues and enters a Decision Pending Entry of Final Judgment. The divorce is not final on the day of the hearing. Rhode Island law under § 15-5-23 requires a mandatory 3-month waiting period after the decision before entry of the Final Judgment. Both parties retain the ability to settle at any point before the judge issues a decision.

After the judge grants your divorce at the nominal hearing or trial, you must file the Decision Pending Entry of Final Judgment form with the Family Court clerk within 30 days of the decision date. This form memorializes the court's decision and marks the beginning of the mandatory 3-month waiting period under R.I. Gen. Laws § 15-5-23. The decision date is the court date when the judicial officer granted the divorce, not the date you file this form. The Decision Pending Entry of Final Judgment includes all terms of the divorce — property division, alimony, child custody, child support, and any other orders. During the 3-month waiting period (also called the nisi period), the parties remain legally married. Neither spouse may remarry. Any assets acquired during this period, including lottery winnings, remain marital property subject to equitable division. The 3-month waiting period is mandated by Rhode Island law and cannot be shortened or waived. Exception: divorces granted on the ground of living separate and apart for 3 years under § 15-5-3 have only a 20-day waiting period.

After the mandatory 3-month waiting period expires following the decision date, file the Final Judgment form with the Family Court to officially dissolve the marriage. Under R.I. Gen. Laws § 15-5-23, no judgment for divorce shall become final and operative until three months after the trial and decision. The Final Judgment may be entered ex parte (without a hearing) at any time within 180 days after the 3-month period expires. After 180 days, final decrees may only be entered in open court by motion or upon written consent of both attorneys or parties. This means you have a total window of approximately 9 months from the decision date (3 months waiting + 180 days) to file the Final Judgment without needing a court hearing. You are not legally divorced until the Final Judgment is filed with the court and signed by a judicial officer. After entry of the Final Judgment, either party may legally remarry per § 15-5-24. Obtain certified copies of the Final Judgment for your records, name changes, and updating legal documents.