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Rhode Island Divorce Checklist

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Prepared: 5/20/2026

Data updated: 3/1/2026

Estimated Timeline

4-6 months for uncontested divorces in Rhode Island (approximately 65-70 days to the nominal hearing plus a mandatory 3-month waiting period under § 15-5-23). Contested divorces typically take 9-18 months depending on complexity of discovery, pre-trial conferences, and trial scheduling. The minimum possible timeline is approximately 75 days for a fully agreed-upon divorce that proceeds on the nominal track plus the 3-month nisi period.

Documents to Gather

  • Certified Copy of Marriage Certificate
  • Birth Certificates for Minor Children
  • Rhode Island Driver's License or State ID
  • Proof of Residency for 12+ Months
  • Social Security Cards
  • Prenuptial or Postnuptial Agreement(if applicable)
  • Prior Court Orders(if applicable)

Financial Documents

  • Last 3 Years of Federal and State Tax Returns
  • Last 3 Months of Pay Stubs
  • Bank Statements for Last 12 Months
  • Investment and Brokerage Account Statements
  • Retirement Account Statements
  • Real Estate Documents
  • Vehicle Titles and Loan Documents
  • Life Insurance Policies
  • Health Insurance Documentation
  • Credit Card and Debt Statements
  • Business Ownership Documents(if applicable)
  • Social Security Statements(if applicable)

Key Steps

1. Before Filing

  • Verify Residency Requirements
  • Determine Grounds for Divorce
  • Gather Essential Personal and Financial Documents
  • Create a Safety Plan if Domestic Violence Is Involved

2. Filing Process

  • Complete the Complaint for Divorce (Form FC-56)
  • Complete the Financial Statement (Form DR-6/FC-5)
  • Complete Additional Required Forms
  • File the Divorce Complaint and Pay the Filing Fee

3. After Filing

  • Serve Your Spouse Within 120 Days
  • Comply with Automatic Court Orders
  • Wait for Defendant's Response Within 20 Days
  • Attend the Nominal Hearing (65-70 Days After Filing)
  • Complete Discovery and Attend Pre-Trial Conferences (Contested Cases)
  • Attend Trial (Contested Cases Only)
  • File Decision Pending Entry of Final Judgment Within 30 Days
  • File the Final Judgment After the 3-Month Waiting Period

Key Deadlines

Plaintiff must serve defendant after filing120 days after filing the complaint
Defendant must file Answer to Complaint20 days after service
Nominal hearing scheduled by clerkApproximately 65-70 days after filing
File Decision Pending Entry of Final Judgment30 days after the court decision date
Mandatory 3-month waiting period (nisi period)3 months after the decision date
File Final Judgment to complete divorceWithin 180 days after the 3-month waiting period expires

Quick Reference

To file for divorce in Rhode Island, you must have been a domiciled resident of the state for at least one year under R.I. Gen. Laws § 15-5-12. File a Complaint for Divorce (Form FC-56) along with a DR-6 financial statement, Statement Listing Children (FCD-77-1), Report of Divorce (VS-6), Family Services Counseling Report (FCU-1), and a certified marriage certificate at the Family Court in your county. The filing fee is $160.00, with fee waivers available for income below 150% of the federal poverty level via a Motion to Proceed In Forma Pauperis. Serve your spouse through a county sheriff or licensed constable within 120 days. The defendant has 20 days to file an Answer. The clerk schedules a nominal hearing approximately 65-70 days after filing. If both parties agree on all issues, the divorce is granted at the nominal hearing. Rhode Island mandates a 3-month waiting period under § 15-5-23 before the Final Judgment can be filed. Uncontested divorces typically take 4-6 months total. Contested cases involving discovery and trial take 9-18 months.

This checklist is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Rhode Island for guidance on your specific situation.

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