Divorce Resources in Rhode Island

To file for divorce in Rhode Island, you must have been a domiciled inhabitant and resident of the state for at least one year immediately before filing, as required by R.I. Gen. Laws § 15-5-12. The plaintiff files a Complaint for Divorce (Form FC-56) in the Family Court, selecting either irreconcilable differences under § 15-5-3.1 or one of the fault-based grounds listed in § 15-5-2, including adultery, extreme cruelty, willful desertion for five years, habitual drunkenness, or living separate and apart for three years under § 15-5-3. The filing fee is $160, payable to the Rhode Island Family Court clerk. If you cannot afford the fee, file a Motion to Proceed In Forma Pauperis with an Affidavit of Indigency demonstrating your income falls below 150% of the federal poverty level.

Along with the complaint, you must submit the following documents to the Family Court clerk: the DR-6 Statement of Assets, Liabilities, Income and Expenses (Form FC-5/DR-6), two copies of the Statement Listing Children of the Marriage (Form FCD-77-1), the Family Services Counseling Unit Report (Form FCU-1), the Report of Divorce vital statistics form (VS-6), a certified copy of your marriage certificate, and the Summons (Form FC-2). The clerk will date and sign the summons, assign a docket number, and provide your first court date. Without the clerk's signature, the summons is invalid. Upon filing, automatic restraining orders take effect under § 15-5-14.1, prohibiting either party from removing children from Rhode Island, canceling insurance, or changing life insurance beneficiaries.

After filing, the plaintiff must arrange service of process on the defendant through the sheriff's office in the defendant's county of residence. The sheriff charges a separate service fee. Once served, the defendant has 20 days to file an answer. At the nominal hearing, two witnesses must testify confirming the plaintiff's one-year Rhode Island residency under § 15-5-12, and one witness must testify regarding the grounds for divorce. An affidavit of nonmilitary service is also required. In Providence County, parties with minor children must attend a mandatory parenting video at the Garrahy Judicial Complex. The court grants the divorce at the hearing, but you are not legally divorced until you file the Decision Pending Entry of Final Judgment (Form DR-9) within 30 days and the Final Judgment (Form DR-10) after three months.

Rhode Island does not impose a statewide mandatory parenting education course for all divorce cases. However, in Providence County, parties with minor children are required to view a parenting video at the Garrahy Judicial Complex (Room 375) as part of the divorce process. The Family Court may also order parents to participate in counseling or educational programs on a case-by-case basis. The Family Services Counseling Unit (Form FCU-1) is filed with every divorce complaint to assess whether counseling services may benefit the family. Under R.I. Gen. Laws § 15-5-29, the court may refer parties to mediation or other services when child custody or visitation issues are in dispute.

Under R.I. Gen. Laws § 15-5-29(a), the Rhode Island Family Court may order parents to participate in mediation in any divorce or custody case involving disputes over child custody, parenting time, or child placement. The Family Court employs skilled mediators on staff, but parties must have a pending case before the court to use its mediation services. Cases involving child custody, parenting time, or placement where the parents are unmarried (miscellaneous cases ending with "M") are automatically referred for mediation. In divorce actions, either party may request a mediation referral from the judge or magistrate at the hearing. Mediation is not appropriate in cases involving domestic violence. If mediation fails to resolve the dispute, the matter proceeds to a contested hearing before a judicial officer.

Rhode Island requires mandatory financial disclosure in all divorce proceedings through the DR-6 form (Statement of Assets, Liabilities, Income and Expenses, Form FC-5/DR-6). Under the Family Court Rules of Domestic Relations Procedure, the DR-6 must be filed simultaneously with the Complaint for Divorce, with answers or counterclaims, and with any modification of prior support orders. Both parties must certify under the pains and penalties of perjury that all information on the DR-6 is complete, true, and accurate. The nine-page form requires disclosure of all real estate, retirement accounts (IRAs, 401k, pensions), life insurance cash values, vehicles, bank accounts, investments, stocks, bonds, monthly income, employer information, health insurance, and all liabilities and debts. Under R.I. Gen. Laws § 15-5-16.1, the court uses this financial information to make equitable distribution of property, considering 12 statutory factors including the length of the marriage, conduct of the parties, and contributions of each spouse.