Rhode Island Rhode Island

Divorce Law Guide

Rhode Island Divorce Overview

Residency Requirement
Living Separate & Apart
Processing Time
Filing Fee
12 months
36 months
510 days

The facts about divorce in Rhode Island

Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.

In Rhode Island, a divorce can be completed on average in a minimum of 510 days, with court fees of $120.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in Rhode Island for a minimum of twelve months.

On this page, you can learn about Rhode Island's grounds for divorce, how the divorce process works, and about other parts of the divorce process, such as Rhode Island alimony calculation, the property division process and more.

Rhode Island Divorce Law Summary

In Rhode Island a couple seeking a divorce can choose either no-fault grounds or can choose the option of filing on traditional fault grounds.

Grounds for divorce include:

  • adultery

  • cruelty

  • violence toward the other spouse

  • desertion for a period of 5 years

  • drug or alcohol addiction

  • impotency

  • nonsupport

  • any other gross or repugnant behavior

One of the parties seeking a divorce must have resided in the State for a period of 1 year prior to filing. There is not a separation requirement prior before a divorce will be granted. The divorce may be filed in the either county in which the parties reside.

Rhode Island Divorce Guide - Frequently Asked Questions

In state of Rhode Island a number of factors are taken into account when ending a marriage.

1. Rhode Island Grounds for Divorce FAQ

Is Rhode Island a no-fault divorce state?

Rhode Island allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in Rhode Island may be "irreconcilable differences", or similar grounds.

Does Rhode Island allow at-fault divorces?

In addition to no-fault grounds for divorce, Rhode Island is a fault divorce state which provides the option to file for a traditional at-fault divorce. Suing for an at-fault divorce alleges that the filer's spouse is the cause of the divorce due to engaging in one of Rhode Island's at-fault divorce grounds, such as adultery, abuse, or insanity.

In some cases, an at-fault divorce is pursued because it can entitle the suing spouse to a greater share of marital property or even punitive alimony payments if their partner's fault is proven. If their spouse contests these allegations, they may be challenged in court, which can lead to a lengthy and expensive legal process.

Does the state of Rhode Island allow incompatibility as grounds for divorce?

Yes, Rhode Island does allow incompatibility to be used as grounds for having a divorce.

Can you get a divorce in Rhode Island for living separate and apart?

In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.

In Rhode Island, married couples who have been living separate and apart for a minimum of 36 months may be granted a divorce on these grounds when sued for by either spouse.

2. Rhode Island Divorce Process FAQ

Does state of Rhode Island allow legal separation?

Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married.

In some cases, Rhode Island will grant a judicial separation court order to a married couple who wishes to live separately. This order may settle issues generally handled in a divorce such as property division and alimony. A legal separation may be followed up by a full divorce, or the spouses may later reconcile and end the separation while remaining legally married.

What's the difference between a divorce and an annulment in Rhode Island?

While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.

Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent (by virtue of being underage, due to mental incapacity, or even intoxication), a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.

How long do I have to live in in the state of Rhode Island to get a divorce?

The state of Rhode Island requires that spouses suing for divorce to have lived in the state for a minimum of twelve months prior to filing divorce papers. Otherwise, Rhode Island courts are not considered to have jurisdiction over the divorce case.

What is the filing fee for a divorce in Rhode Island?

The court fees for filing the paperwork for a basic divorce in a Rhode Island court is $120.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.

How long does it take to get a divorce in Rhode Island?

If the process moves along without holdups, the paperwork for a divorce in Rhode Island can be processed in a minimum of 510 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.

3. Rhode Island General Divorce FAQ

Can my spouse stop me from getting a divorce?

Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in Rhode Island. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.

Rhode Island permits spouses to sue for an at-fault divorce, and in this case their partner can contest the allegations in court. A non-fault petition for divorce, however, can generally not be contested by an unwilling spouse in Rhode Island.

Does Rhode Island have any limitations on remarriage after a divorce?

Rhode Island has no mandatory waiting period between the finalization of a divorce and either of the ex-spouses getting remarried. Remarriage following a divorce may affect the continued payment of alimony.

What is the divorce rate in Rhode Island?

According to the most recent CDC study, the yearly divorce rate in Rhode Island is 9 per 1,000 total population. The national divorce rate is 6.9 per 1,000 total population. Various studies suggest that nationwide, 30% to 50% of all marriages end in divorce.

Does Rhode Island recognize same sex divorces?

Rhode Island recognizes both same sex marriages and same sex divorces. The process of getting a seme-sex divorce is the same as a heterosexual divorce.

| State Law Official Text

** This Document Provided By MaritalLaws **
Source: http://www.maritallaws.com/states/rhode-island/divorce