Rhode Island Divorce Self-Help Tools

An uncontested divorce in Rhode Island can be finalized in as little as 75 days after filing, followed by a mandatory 90-day waiting period after the nominal hearing for the final judgment to be entered. Contested cases can take significantly longer, often six months to over a year.

While it is possible to file for divorce without a lawyer, especially in uncontested cases where both parties agree on all terms, it is highly recommended to consult with an experienced Rhode Island divorce attorney. A lawyer can help navigate the legal complexities, ensure all paperwork is correctly filed, and protect your rights and interests, particularly concerning property division, child custody, and support.

Yes, Rhode Island is a no-fault divorce state. You can file for divorce based on 'irreconcilable differences that have caused the irremediable breakdown of the marriage,' without needing to prove fault. However, Rhode Island law also recognizes fault-based grounds such as adultery, extreme cruelty, willful desertion, continued drunkenness, habitual drug use, neglect, or gross misbehavior (R.I. Gen. Laws § 15-5-2).

Rhode Island is an equitable distribution state, meaning marital property is divided fairly, but not necessarily equally (50/50). The court considers various factors, including the length of the marriage, the conduct of the parties, contributions to the marital estate, health, age, income, occupation, and employability of each spouse (R.I. Gen. Laws § 15-5-16.1). Property acquired before marriage or received as a gift or inheritance is generally not subject to division.

Mediation is not statutorily required for all divorce cases in Rhode Island. However, the family court may direct parties to participate in mediation, particularly for issues concerning child custody and visitation, in an effort to resolve differences outside of court (R.I. Gen. Laws § 15-5-29). Mediation is a voluntary process that can help couples reach amicable agreements.