Rhode Island General Laws Title 15, Chapter 5 - Divorce

Rhode Island's primary no-fault divorce ground. A divorce shall be granted when irreconcilable differences have caused the 'irremediable breakdown of the marriage,' regardless of either spouse's fault. Evidence of specific misconduct is inadmissible under this section, except when relevant to alimony, property division, or child custody determinations.

Effective: 2024

Rhode Island recognizes 8 fault-based divorce grounds: impotency, adultery, extreme cruelty, willful desertion for 5 years (or shorter at court discretion), habitual drunkenness, habitual drug use, neglect and refusal of support for at least 1 year, and gross misbehavior and wickedness in violation of the marriage covenant. Fault can affect alimony and property division even in a no-fault filing.

Effective: 2024

If the spouses have lived separate and apart for at least 3 years — whether voluntarily or involuntarily — the court shall grant a divorce upon finding the allegation is true. This ground has a shorter post-hearing waiting period (20 days) compared to the standard 3-month wait for irreconcilable differences divorces.

Effective: 2024

The filing spouse must have been a domiciled inhabitant of Rhode Island and have resided in the state for at least 1 year immediately before filing. Alternatively, if the plaintiff is not a Rhode Island resident, divorce may proceed if the defendant has lived in the state for at least 1 year and is personally served. An affidavit from a witness may prove residency.

Effective: 2024

Rhode Island uses equitable distribution to divide marital property. The court considers 12 statutory factors including: length of marriage, conduct during marriage, each spouse's contributions to acquiring/preserving assets, homemaker contributions, health and age, income sources, employability, opportunity for future assets, contributions to the other's education or earning power, custodial parent's need for the marital home, wasteful dissipation of assets, and any other factor the court finds just and proper. Equitable does not mean equal — the court divides property fairly based on these factors.

Effective: 2024

Restricts the disposal of certain real estate after a divorce complaint has been filed. This protects marital property from being sold, transferred, or encumbered by one spouse during the divorce process without proper authorization from the court or the other party.

Effective: 2024

Upon filing a divorce complaint, automatic financial restraining orders take effect immediately for the plaintiff and upon service for the defendant. Neither party may sell, transfer, conceal, or dispose of marital property outside the usual course of business. Neither may incur unreasonable debts, borrow against the family home, or remove children from Rhode Island. Both must maintain existing health, dental, and medical insurance coverage for the other spouse and children.

Effective: 2024

The court determines custody based on the child's best interests, considering factors established in Pettinato v. Pettinato (1990): parents' wishes, child's reasonable preference, family relationships, child's adjustment to home/school/community, mental and physical health of all parties, stability of the home, moral fitness of parents, and willingness to facilitate the child's relationship with the other parent. The noncustodial parent receives visitation unless good cause is shown; repeated failure to comply with visitation orders can trigger a change of custody.

Effective: 2024

When making custody and visitation decisions, the court must consider evidence of past or present domestic violence. If domestic violence is proven, visitation must be arranged to protect both the child and the abused parent. The court prioritizes the safety of the child and the victim parent. A judicial finding that a child was physically or sexually abused by a parent is sufficient cause to deny that parent's visitation rights entirely.

Effective: 2024

The Family Court may direct parties to participate in mediation to resolve custody and visitation disputes. The court may order mediation before trial or after trial is completed. All communications made during mediation are privileged and cannot be used as evidence in any civil or criminal proceeding, protecting the confidentiality of negotiations.

Effective: 2024

Grandparents and siblings may petition the Family Court for visitation rights. The court must find that visitation is in the child's best interest, the petitioner is fit and proper, visitation was denied for 30 days before filing, and no other remedy exists. The petitioner must rebut, by clear and convincing evidence, the presumption that the parent's refusal of visitation was reasonable. The court may award attorney's fees to parents if the petition is denied.

Effective: 2024

Enacted in 2024, this statute allows the Family Court to consider the 'best interest' of a companion animal in divorce. The court may award sole or joint possession based on factors including who cared for the pet, time spent with the animal, children's attachment to the pet, and which parent has custody of children. Joint possession orders address scheduling, veterinary costs, and daily care responsibilities. Either party may petition for temporary pet custody during the divorce.

Effective: 2024

The court may award alimony to either spouse and attorney's fees during divorce. Rhode Island uses no formula — judges evaluate 7 factors: length of marriage, conduct during marriage, health/age/occupation/income/skills/employability, liabilities and needs, whether the custodial parent cannot work outside the home, time absent from workforce as homemaker, and any other factor the court finds just. Three types exist: temporary (during proceedings), rehabilitative (most common — until self-sufficiency), and permanent (rare — reserved for disability, advanced age, or long absence from workforce). Alimony terminates automatically upon the recipient's remarriage.

Effective: 2024

Rhode Island uses the Income Shares Model to calculate child support, based on both parents' combined gross weekly income. The Family Court Child Support Guidelines (updated by Administrative Order 23-02, effective July 1, 2023) provide the presumptive support amount from a guideline chart. Required deductions include preexisting support, health insurance, and work-related childcare. The court may deviate from guidelines only if the presumptive amount would be unjust or inappropriate. A guideline worksheet (Form FC-78) must be filed in every child support case.

Effective: 2024

Establishes wage assignment (income withholding) procedures to enforce child support and alimony orders. The court may order an employer to withhold support payments directly from a parent's wages, ensuring consistent and timely payments to the receiving spouse or parent.

Effective: 2024

The divorce complaint must be verified — the filing spouse must confirm under oath or affirmation that the allegations in the complaint are true. This prevents fraudulent or baseless divorce filings.

Effective: 2024

Establishes which Family Court division has jurisdiction over the divorce case based on the parties' county of residence within Rhode Island.

Effective: 2024

Sets procedures for scheduling the divorce hearing, including the return day of the petition, notice requirements to the other party, issuance of process, and the timeline for the hearing. The court typically schedules the nominal hearing 65–70 days after the complaint is filed.

Effective: 2024

Governs how the divorce complaint and summons must be served on the other spouse. Proper service is required before the court has jurisdiction over the defendant, ensuring due process rights are protected.

Effective: 2024

When the defendant cannot be personally served (for example, if their location is unknown), the court may authorize service by publication in a newspaper. Once service by publication is completed according to the statute, the court acquires jurisdiction to proceed with the divorce.

Effective: 2024

A final judgment of divorce cannot be entered until at least 3 months and 1 day after the nominal divorce hearing — this mandatory waiting period cannot be waived. Exception: divorces based on 3 years of separation have only a 20-day waiting period. The final judgment must be requested within 180 days after the waiting period ends. There is no waiting period for remarriage after the final judgment is entered.

Effective: 2024

During divorce proceedings, the Family Court may issue restraining orders prohibiting either party from interfering with the other's personal liberty, causing bodily harm, or placing the other in fear of imminent injury. The court may also prescribe treatment such as counseling. Violations are a misdemeanor punishable by up to $1,000 fine and/or 1 year imprisonment. These protective orders are enforceable nationwide under the Violence Against Women Act.

Effective: 2024

Any person granted a divorce may request a name change as part of the divorce decree. The court will authorize the name restoration regardless of whether there are children of the marriage. No separate probate court petition is required — the name change is included directly in the divorce judgment.

Effective: 2024

Rhode Island adopted the Uniform Premarital Agreement Act in 1987, but with a critical modification: to invalidate a prenup, the challenging spouse must prove by clear and convincing evidence both that the agreement was involuntary AND unconscionable (most states require only one or the other). Prenups must be in writing and signed by both parties. They can address property rights, spousal support, and estate planning, but cannot adversely affect child support. Rhode Island is considered one of the hardest states to invalidate a prenuptial agreement.

Effective: 2024

Rhode Island allows a 'divorce from bed and board,' which is essentially a legal separation. This allows the court to address property division, custody, support, and restraining orders without fully dissolving the marriage. This option is available for parties who do not wish to formally end the marriage for religious, insurance, or other personal reasons.

Effective: 2024

Prohibits divorces obtained through collusion — where both spouses conspire to fabricate grounds for divorce. If collusion is discovered, the court may deny the divorce. This statute ensures that divorce proceedings are based on genuine grounds rather than manufactured claims.

Effective: 2024

Rhode Island requires an actual hearing or trial before granting a divorce — the court must be satisfied that the grounds are proven and that there is no collusion between the parties. Even in uncontested cases, the filing spouse must appear and testify before the judge.

Effective: 2024