You can file for divorce in Rhode Island if you or your spouse has lived in the state for at least 12 months. Learn about the process with this guide from an experienced Providence, RI divorce lawyer.

Filing for Divorce in Rhode Island: Advice From a Knowledgeable Providence, RI Divorce Lawyer

Types of Divorce in Rhode Island 

Rhode Island recognizes fault and no-fault divorce. No-fault divorce, which is much more common, typically means irreconcilable differences. You can pursue fault-based divorce in cases involving substance abuse, desertion for at least five years, cruelty, adultery, or impotence. If you decide to file for a fault-based divorce, you must prove that your spouse committed one of these actions.

Your divorce may be either contested or uncontested. An uncontested divorce means you and your spouse agree on all important issues, including spousal support, property division, and child support and child custody if applicable. In a contested divorce, you disagree on at least one aspect that requires legal resolution.

Submitting the Divorce Petition

You’ll file for divorce in the county where you live, or in your spouse’s county of residence if you live outside Rhode Island. You can get the forms you need from the county clerk, including a legal complaint form, a summons for your spouse, and a DR-6 form that details your finances. Your attorney can help you complete these forms, which you will submit to the clerk’s office along with a copy of your marriage certificate and the $160 filing fee.

If you plan on an uncontested divorce, you can also create an agreement that details the terms of your divorce. You and your spouse both have to sign this document for legal validity. For a contested divorce, your attorney will negotiate an agreement with your spouse’s attorney during the divorce process.

Serving Notice to Your Spouse

After filing the court paperwork, you must serve your spouse with official legal notice of the divorce. You can either hire the county sheriff or a private process server to serve the paperwork. This person will provide a completed summons proving that your spouse has received notice. They must respond to your petition and submit the necessary paperwork before your court date.

Preparing for Court

The county clerk gives you a docket number and a court date when you submit your paperwork. At this initial hearing, your attorneys will present the case and discuss the terms of the divorce. The judge can grant an uncontested divorce at this session.

For a contested divorce, they will set a pretrial hearing date, which provides another chance to reach an agreement before the case goes to trial. Some couples decide to enter mediation at this stage. During mediation, a ​neutral third party helps you, your spouse, and your attorneys reach an agreement outside of court.

Contact Brian D Roman Attorney

An experienced attorney can guide you through the divorce process, from your initial filing to the final agreement. Contact Brian D. Roman Attorney at Law in North Attleboro, MA today for a FREE consultation about your Rhode Island divorce.