Divorce in Rhode Island: Laws, Requirements, and Process
A complete guide to getting a divorce in Rhode Island. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 1 year in the state.
- Waiting period: No mandatory waiting period after filing (but must wait 60 days after hearing for decree absolute).
- Filing fee: $160 - $200.
Grounds for Divorce
Rhode Island allows no-fault divorce. The no-fault ground is: Irreconcilable differences or living separate and apart for 3 years.
Fault-Based Grounds
Rhode Island also recognizes these fault-based grounds for divorce:
- Impotency
- Adultery
- Extreme cruelty
- Willful desertion for 5 years
- Habitual drunkenness
- Drug addiction
- Neglect and refusal to provide necessities for 1 year
- Any other gross misbehavior and wickedness repugnant to the marriage covenant
Residency Requirements
1 year in the state.
Property Division
Rhode Island is an equitable distribution state. Rhode Island follows equitable distribution. Courts divide marital property fairly based on the length of the marriage, the conduct of the parties during the marriage, each party's contribution to the acquisition and preservation of marital assets, the health and age of each party, and the income and earning capacity of each spouse.
Alimony / Spousal Support
Rhode Island courts may award alimony based on the length of the marriage, the conduct of the parties, the health and age of each party, each party's occupation and income, the estate and needs of each party, and the ability of either party to increase earning capacity through education or training.
Child Custody
Rhode Island courts determine custody based on the best interest of the child. Factors include the wishes of the child and parents, the relationship between the child and each parent, the child's adjustment to home and school, the mental and physical health of all parties, and any history of domestic violence.
Child Support
Rhode Island uses the income shares model. Child support guidelines consider both parents' gross incomes, the number of children, health insurance costs, and childcare expenses.
Filing Fee
The filing fee for divorce in Rhode Island is $160 - $200. Fee waivers may be available for those who cannot afford to pay.
Rhode Island court divorce resources
Related Resources
Frequently Asked Questions
-
What are the grounds for divorce in Rhode Island?
Rhode Island allows no-fault divorce based on irreconcilable differences or living separate and apart for 3 years. The state also recognizes fault-based grounds including adultery, extreme cruelty, desertion, habitual drunkenness, drug addiction, and gross misbehavior.
-
How long do you have to live in Rhode Island to file for divorce?
At least one spouse must have been a resident of Rhode Island for at least 1 year before filing the complaint for divorce.
-
How is property divided in a Rhode Island divorce?
Rhode Island uses equitable distribution. Courts divide marital property fairly based on each party's contributions, the length of the marriage, the conduct of the parties, and the economic circumstances of each spouse.
-
How long does a divorce take in Rhode Island?
After a hearing, there is a 60-day waiting period before the decree absolute is entered, during which the divorce decree nisi remains provisional. Uncontested divorces typically take 3 to 5 months. Contested cases take longer.