How to File for Divorce in Rhode Island

The person filing must have been domiciled in and lived in Rhode Island for one year before filing the divorce complaint. This is also satisfied if the other spouse has been domiciled in and lived in Rhode Island for one year before filing and is actually served. Residence immediately before military service continues during service and for 30 days after.

Chapter 15-5 of the General Laws does not include a separate summary or simplified divorce procedure. After a judicial officer grants a divorce, the Family Court's online Guide and File interview produces the two forms needed to finish it: the Decision Pending Entry of Final Judgment (filed within 30 days of the decision) and the Final Judgment (filed after the three-month waiting period). The divorce is not final until both are filed and signed by a judicial officer.

A divorce judgment does not become final until three months after the trial and decision. The final judgment may then be entered on request of the prevailing party within the following 180 days; after that it must be entered in open court on motion or written consent. For divorces based on three years' separation, final judgment cannot be entered until 20 days after the decision. The Family Court's Guide and File page says the Decision Pending Entry of Final Judgment must be filed within 30 days of the decision date and the Final Judgment cannot be filed until three months after it.

Divorce cases in Rhode Island are filed in Family Court. The Judiciary's statewide Complaint for Divorce or Divorce from Bed and Board (form FC-56) starts the case. After the divorce is granted, the Family Court's free Guide and File interview prepares the two forms needed to finish it: the Decision Pending Entry of Final Judgment, filed within 30 days of the decision date, and the Final Judgment, filed no earlier than three months after the decision. Documents can be filed electronically, mailed to the Family Court clerk's office for your county (Newport, Kent, Washington or Providence/Bristol), or emailed to the virtual family clerk's office.