Divorce Laws in Rhode Island: Complete 2026 Guide

Rhode Island allows both no-fault and fault-based grounds for divorce. The most commonly used ground is the no-fault option of 'irreconcilable differences which have caused the irremediable breakdown of the marriage,' as set forth in R.I. Gen. Laws § 15-5-3.1. Under this statute, a divorce shall be decreed irrespective of the fault of either party. The second no-fault ground is living separate and apart for at least three years, whether voluntarily or involuntarily, under R.I. Gen. Laws § 15-5-3. Fault-based grounds for divorce are enumerated in R.I. Gen. Laws § 15-5-2 and include: impotency, adultery, extreme cruelty, willful desertion for five years (or a shorter period at the court's discretion), habitual drunkenness, habitual drug use, neglect and refusal to provide support for at least one year, and any other 'gross misbehavior and wickedness' repugnant to and in violation of the marriage covenant. Fault-based divorces require the filing spouse to present evidence proving the other spouse's misconduct. Although Rhode Island is widely described as a no-fault state because fault is not required to obtain a divorce, the concept of fault remains relevant in other aspects of the case. Under the equitable distribution statute (R.I. Gen. Laws § 15-5-16.1), the court considers 'the conduct of the parties during the marriage' as one of twelve factors in dividing property. Similarly, conduct may be factored into alimony determinations under § 15-5-16. For example, in one Rhode Island case, the court awarded one spouse 80% of the marital property where the other spouse was abusive and had extramarital affairs. No-fault divorces based on irreconcilable differences are far more common and typically reach resolution faster because the spouses do not have to argue about or prove who was responsible for the breakdown of the marriage. Choosing a no-fault ground also allows the case to proceed on an uncontested track if both parties agree on all terms.

Rhode Island requires that at least one spouse be a domiciled inhabitant and resident of the state for a minimum of one year immediately before filing the Complaint for Divorce. This requirement is codified in R.I. Gen. Laws § 15-5-12. 'Domiciled inhabitant' means the person must both physically reside in Rhode Island and intend to make it their permanent home. If the plaintiff (filing spouse) does not live in Rhode Island, the residency requirement can be satisfied by the defendant (non-filing spouse) if the defendant has lived in the state for at least one year and is personally served with the divorce paperwork within the state. Once the residency requirement is met on the date of filing, the filing spouse may move out of state without jeopardizing the case, as the Rhode Island Supreme Court confirmed in Rogers v. Rogers. There is a statutory exception for members of the U.S. Armed Forces and Merchant Marine. Under R.I. Gen. Laws § 15-5-12, the residence and domicile of a service member immediately prior to active service continues to be their residence and domicile during service and for 30 days afterward. If neither spouse meets the one-year residency requirement, they cannot obtain an absolute divorce from the bond of marriage, though they may pursue other remedies in Family Court, such as a complaint for separate maintenance covering custody, support, and property issues. The divorce must be filed in the Family Court in the county where the filing spouse resides. If the filing spouse does not live in Rhode Island and is relying on the defendant's residency, the complaint may be filed in Providence County or in the county where the defendant lives.

Rhode Island is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally between the spouses. The governing statute is R.I. Gen. Laws § 15-5-16.1, which authorizes the Family Court to assign to either the husband or wife a portion of the estate of the other, in addition to or in lieu of an order to pay spousal support. The Rhode Island Supreme Court has repeatedly characterized marriage as an 'economic partnership' and directed courts to distribute marital assets in accordance with each party's contributions to the marital enterprise. The equitable distribution process involves three steps. First, the court must determine which assets constitute marital property and which are non-marital (separate) property. Generally, all property acquired during the marriage is marital property. Property owned before the marriage is separate property and cannot be divided, although appreciation in value attributable to either spouse's efforts during the marriage may be subject to division. Inheritances and gifts from third parties are generally not marital property, but co-mingling such assets (e.g., putting a spouse's name on the account) can transmute them into marital property under the doctrine established in Quinn v. Quinn, 512 A.2d 848 (R.I. 1986). Second, the court considers twelve statutory factors under § 15-5-16.1, including: (1) the length of the marriage; (2) the conduct of the parties during the marriage; (3) each party's contribution to acquisition, preservation, or appreciation of marital assets; (4) contributions as a homemaker; (5) health and age of the parties; (6) amount and sources of income; (7) occupation and employability; (8) opportunity for future acquisition of capital assets; (9) one party's contribution to the education or earning power of the other; (10) the need of the custodial parent to occupy the marital residence; (11) wasteful dissipation of assets or transfers in contemplation of divorce; and (12) any other factor the court finds just and proper. Third, the court distributes the marital property. Debts acquired during the marriage are also subject to equitable distribution. Once entered in a final decree, the property division is final and cannot be revisited by another judge — it can only be challenged on appeal. Judges have broad discretion, and fault (such as adultery or substance abuse) can shift the distribution significantly in the innocent spouse's favor.

Alimony (also called spousal support or spousal maintenance) in Rhode Island is governed by R.I. Gen. Laws § 15-5-16. The court may order either party to pay alimony in connection with a divorce. However, alimony is not automatic — it is awarded based on demonstrated need and the other spouse's ability to pay. Rhode Island does not use a formula to calculate alimony; instead, judges exercise broad discretion in evaluating each case individually. The court must consider the following statutory factors under § 15-5-16(b)(1): (i) the length of the marriage; (ii) the conduct of the parties during the marriage; (iii) the health, age, station, occupation, amount and source of income, vocational skills, and employability of the parties; and (iv) the state and the liabilities and needs of each party. Additional factors under § 15-5-16(b)(2) include whether the recipient spouse is the custodial parent of a child whose circumstances make outside employment difficult, the time absent from the workforce while serving as a homemaker, and any other factor the court finds just and proper. Notably, property division under § 15-5-16.1 must precede the alimony determination, as the assignment of assets affects each party's needs. Alimony in Rhode Island is primarily rehabilitative in nature, intended to help the recipient become financially independent and self-sufficient within a reasonable time. The Rhode Island Supreme Court has stated that alimony is 'a rehabilitative tool intended to provide temporary support until a spouse is self-sufficient, and is based purely on need' (Berard v. Berard). However, the court may award alimony for an indefinite period when the recipient cannot reasonably achieve self-sufficiency due to disability, advanced age, or prolonged absence from the workforce. Alimony automatically terminates upon the remarriage of the recipient spouse. Either party may petition for modification based on a substantial change in circumstances. As of January 1, 2019, under the Tax Cuts and Jobs Act, alimony is no longer tax-deductible for the payor or taxable income for the recipient for agreements executed after December 31, 2018.

Rhode Island recognizes two types of custody: legal custody and physical custody (also called physical placement). Legal custody refers to the right to make major decisions regarding the child's education, medical treatment, religious upbringing, and general welfare. Physical custody determines where the child primarily lives. Either type may be awarded as sole or joint custody. The modern trend in Rhode Island Family Court strongly favors joint legal custody when both parents are fit. When parents cannot agree on custody arrangements, the Family Court decides based on the 'best interest of the child' standard. Rhode Island's statutes do not enumerate specific best-interest factors, but the Rhode Island Supreme Court established eight factors in the seminal case of Pettinato v. Pettinato, 582 A.2d 909 (R.I. 1990): (1) the wishes of the parents regarding custody; (2) the reasonable preference of the child, if the child is of sufficient intelligence and maturity; (3) the interaction and interrelationship of the child with parents, siblings, and other significant persons; (4) the child's adjustment to home, school, and community; (5) the mental and physical health of all individuals involved; (6) the stability of the child's home environment; (7) the moral fitness of the parents; and (8) each parent's willingness and ability to facilitate a close and continuous relationship between the child and the other parent. No single factor is determinative; the court considers all factors together. The eighth factor — willingness to foster the child's relationship with the other parent — is often described as a tiebreaker. The court may appoint a guardian ad litem (GAL) to investigate and make recommendations. Additionally, under R.I. Gen. Laws § 15-5-29, the court may mandate mediation in custody and visitation disputes. The noncustodial parent is entitled to reasonable visitation under R.I. Gen. Laws § 15-5-16(d), unless the custodial parent demonstrates cause for restriction. In cases involving domestic violence, the court must consider the safety and well-being of the child and the abused parent as primary factors per § 15-5-16(g).

To initiate a divorce in Rhode Island, the filing spouse (plaintiff) must obtain a divorce filing packet from the Domestic Relations Clerk's Office at the Family Court in the appropriate county. The packet typically includes the Complaint for Divorce, a Summons, a Verification form, a Statement of Assets/Liabilities/Income/Expenses (Form DR-6), and a Child Support Guideline Worksheet if children are involved. These forms must be completed, and financial disclosures must be included. The completed forms are filed with the Family Court clerk, along with payment of the filing fee. The base filing fee for a divorce in Rhode Island is approximately $160, with additional technology surcharges and processing fees that may bring the total closer to $160–$250 depending on the county and e-filing charges. Fee waivers are available for those who demonstrate financial hardship. After filing, the plaintiff must have the Complaint, Summons, and Verification served on the defendant (non-filing spouse) through a sheriff, constable, or other legally recognized process server. The defendant then has a limited time to file an answer. For uncontested divorces, once all paperwork is filed and the defendant has responded, the court schedules a nominal hearing (typically 65–75 days after filing). At this brief hearing, both parties testify and the judge reviews the settlement agreement covering property division, custody, support, and other terms. After the judge issues a decision, there is a three-month waiting period. The plaintiff must then file a 'Decision Pending Entry of Final Judgment' form and, after the waiting period expires, request entry of the final judgment. For contested divorces, the case proceeds through discovery, possible mediation (which may be court-ordered), pre-trial conferences, and ultimately trial if settlement cannot be reached. A nominal hearing/trial is required by statute (R.I. Gen. Laws § 15-5-22) in all Rhode Island divorces. All divorce cases in Rhode Island are heard in the Rhode Island Family Court, a specialized court created by the General Assembly to focus on individual and social problems concerning families and children. The Family Court has statewide jurisdiction and operates courthouses in multiple counties, including Providence, Kent, Newport, and Washington counties. The Family Court has authority to hear and determine all petitions for divorce under R.I. Gen. Laws § 8-10-3. The Family Court handles not only divorce (from the bond of marriage and from bed and board) but also child custody, child support, visitation, paternity, domestic violence restraining orders, juvenile matters, and related family law issues. Cases are heard by Family Court justices or general magistrates. The court encourages alternative dispute resolution, and judges may order mediation in custody and visitation matters under R.I. Gen. Laws § 15-5-29. Appeals from the Family Court are taken to the Rhode Island Supreme Court. Rhode Island is unique among U.S. states in that it does not have an intermediate appellate court — appeals go directly from the Family Court (and other trial courts) to the Supreme Court. The Supreme Court reviews Family Court decisions on an abuse-of-discretion standard for most issues, including property division, alimony, and custody. For property division specifically, once the final judgment is entered, it cannot be revisited by another judge of concurrent jurisdiction and may only be challenged through the appellate process.

Rhode Island has multiple waiting periods built into the divorce process. First, there is no longer a mandatory statutory waiting period between filing and the initial hearing. The Rhode Island legislature eliminated the former 60-day mandatory waiting period. However, as a practical matter, the Family Court clerk typically schedules the nominal hearing approximately 65–75 days after the filing of the Complaint for Divorce in uncontested cases. After the nominal hearing (where the judge reviews the settlement agreement and hears testimony from both parties), there is a mandatory three-month (approximately 90-day) waiting period before the final judgment of divorce may be entered. This cooling-off period was implemented by the legislature to allow time for possible reconciliation. During these three months, the parties are still legally married. After the three-month period expires, the prevailing party must request entry of the final judgment within 180 days. The waiting period differs slightly depending on the ground for divorce. If the divorce is based on the parties having lived separate and apart for at least three years under § 15-5-3, the final judgment may be entered after only 20 days following the court's decision (rather than three months). For divorces based on irreconcilable differences under § 15-5-3.1, the full three-month waiting period applies. In total, an uncontested divorce based on irreconcilable differences typically takes approximately five months (about 155 days) from filing to final judgment. Contested divorces can take a year or longer depending on the complexity of the issues involved.