Filing an Uncontested Divorce Online in Rhode Island
A practical guide in plain English (not legal advice for your specific case)

If you and your spouse are in agreement about everything—property, debts, alimony, child support, and custody—Rhode Island calls your case a “nominal” divorce.

With things worked out in advance, most people can get through the court process in about 4–6 months. Rhode Island’s Family Court system now makes it much easier with:

  • Online filing through the Odyssey File & Serve portal
  • A Virtual Clerk to answer questions about procedure
  • A Guide & File tool that helps you generate certain court forms

Below is how the process works under Rhode Island law as of 2025, written the way a Rhode Island divorce lawyer would explain it to a client.

Are You Even Allowed to File Here? (Rhode Island’s 1‑Year Residency Rule)

Before you do anything, the court has to have jurisdiction over your divorce. That starts with residency, under R.I. Gen. Laws § 15‑5‑12.

The basic rule

To file in Rhode Island, at least one of the following must be true:

  1. You (the filing spouse / “plaintiff”)
    • Have lived in Rhode Island for at least 1 year immediately before filing, and
    • Consider Rhode Island your permanent home (“domiciled inhabitant”).
  2. It’s both: you must physically live here and intend to stay here.
  3. OR your spouse (the defendant) has lived in Rhode Island as a domiciled inhabitant for at least 1 year before filing, and you have them properly served with the divorce papers here.
    • This is how non‑resident spouses can still file in Rhode Island when married to a Rhode Island resident.

Special rules for military and similar service

If you or your spouse is in the U.S. armed forces, merchant marine, or certain support organizations (like the Red Cross or USO supporting military operations), Rhode Island treats your pre‑service domicile as continuing throughout your service and for 30 days after you leave service.

To prove residency, Rhode Island allows an ex parte affidavit of one witness—meaning one person’s sworn written statement is usually enough.

Picking Grounds: Why Most People Use “No‑Fault.”

Rhode Island recognizes both no‑fault and fault‑based divorces, but almost every uncontested case uses no‑fault grounds.

No‑fault grounds (most common for uncontested divorces)

  1. Irreconcilable Differences – R.I. Gen. Laws § 15‑5‑3.1
  2. This is the go‑to option for a quick, uncontested divorce.
    • You’re saying: “Our marriage has broken down and cannot be fixed.”
    • The court doesn’t need anyone to be “the bad guy.”
    • You do not need to live apart for any specific period.
    • Misconduct (affairs, substance use, etc.) usually isn’t discussed unless it’s relevant to:
      • Alimony
      • Property division
      • Child custody / safety
  3. Living Separate and Apart for 3 Years – R.I. Gen. Laws § 15‑5‑3
  4. This applies if you have already lived apart, voluntarily or involuntarily, for at least 3 years.
    • If the judge finds the allegation true, the court can enter a final decision in only 20 days (instead of the usual 3‑month wait).
    • If you qualify, this can shorten the “waiting” period at the end.

Fault‑based grounds (less common in uncontested cases)

Under R.I. Gen. Laws § 15‑5‑2, Rhode Island still recognizes traditional fault grounds, including:

  • Adultery
  • Extreme cruelty
  • Impotency
  • Willful desertion
  • Continued drunkenness
  • Habitual drug use
  • Failure of a husband to support his wife for 1 year
  • “Gross misbehavior” that goes against the marriage covenant

These grounds are typically used in contested cases or when misconduct is central to financial or custody issues. For a smooth, uncontested divorce, most couples avoid them and stick with irreconcilable differences.

Paperwork: Forms You’ll Need to File

For an uncontested (“nominal”) divorce, you’ll need to assemble a packet of forms, most of which are available on the Rhode Island Judiciary website (courts.ri.gov).

Core forms

  • FC‑56 – Complaint for Divorce (or Divorce From Bed and Board)
    This officially starts your case.
  • DR‑6 (also labeled FC‑5) – Statement of Assets, Liabilities, Income, and Expenses
    • A 9‑page financial disclosure
    • Both spouses must complete their own DR‑6.
  • Statement Listing Children (2 copies)
    Names and birthdates of all minor children.
  • Family Services Counseling Report Form
    Required for the Family Services unit.
  • VS‑6 – Report of Divorce
    Used for state statistics and vital records.
  • Summons
    Issued by the clerk after you file, this is what gets served on your spouse.
  • Civil Cover Sheet
    Basic case information for the court’s system.
  • Certified Marriage Certificate
    An original or certified copy from the city/town where you were married or where your marriage was recorded.

Extra forms if you have minor children

You’ll also need:

  • Child Support Guideline Worksheet
  • Parenting plan or written custody/visitation agreement
  • In Providence County, proof that you watched the required parenting video at the Garrahy Judicial Complex (Room 375):
    • Monday–Friday at 8:30 a.m.
    • Monday–Thursday at 6:00 p.m.

Post‑hearing forms (often done through Guide & File)

After your hearing, you’ll typically file:

  • DR‑9A – Decision Pending Entry of Final Judgment
  • DR‑11 (or DR‑10) – Final Judgment

For an uncontested case, you should also have a Marital Settlement Agreement that lays out:

  • How property and debts are divided
  • Any alimony
  • Child support terms
  • Custody and parenting time

Step‑by‑Step: From Filing to Final Divorce

Here’s what the process usually looks like in a smooth, uncontested case.

Step 1 – Get your documents and facts together

  • Confirm you meet Rhode Island’s 1‑year residency rule (or qualify through your spouse).
  • Gather:
    • Certified marriage certificate
    • Financial information (pay stubs, tax returns, account balances, debts)
    • Information about the children (if any)

Complete all required forms, including your DR‑6.

Step 2 – File your case and get a court date

  • File in the proper Family Court county (more on locations below), usually where you live.
  • Expect a filing fee of about $120–$160 (varies by county and includes a tech surcharge).
  • The clerk will:
    • Assign you a docket number.
    • Schedule your nominal hearing about 75 days out.
    • Issue a summons and give you information about serving your spouse.

If you’re represented by an attorney, they must e‑file through Odyssey File & Serve. If you’re representing yourself, e‑filing is optional—you may still file in person.

Step 3 – Serve your spouse (within 120 days)

Rhode Island gives you 120 days after filing to serve the defendant (your spouse).

  • Most people use a sheriff or constable in the county where the spouse lives.
  • The server hand‑delivers:
    • Summons
    • Complaint
    • Language Assistance Notice
    • Other required documents

After service, the sheriff/constable returns the completed summons to you or the court as proof of service.

Your spouse then has 20 days to:

  • File an Answer
  • File an Entry of Appearance (or have an attorney do so)
  • Complete their own DR‑6 financial statement.

If your spouse cooperates and signs the necessary documents, this stays uncontested.

Step 4 – Go to your nominal hearing

At the nominal hearing:

  • Both spouses typically appear.
  • The judge (or magistrate) will:
    • Take a brief testimony from you both.
    • Confirm that the marriage has broken down and that your agreement is voluntary and fair.
    • Make sure your Marital Settlement Agreement and parenting plan (if kids) are appropriate.
  • You’ll need:
    • One witness to confirm your residency
    • Two witnesses if your spouse defaults and doesn’t appear

Most courts have written scripts for self‑represented litigants, so you’re not guessing what to say.

Step 5 – Decision Pending Entry of Final Judgment & waiting period

Within 30 days after the hearing, you (or your attorney) must file the DR‑9A – Decision Pending Entry of Final Judgment.

That starts a waiting period:

  • 90 days for divorces based on irreconcilable differences
  • 20 days for divorces based on a 3‑year separation

Nothing “bad” is happening during this period—your case is just in a holding pattern while the law-required time runs.

Step 6 – File your Final Judgment

After the waiting period ends, you must:

  • File the Final Judgment (DR‑10 or DR‑11), usually ex parte (without another hearing)
  • Do this within 180 days after the waiting period expires.

If you miss the 180‑day window, you’ll need either:

  • A motion asking the court to accept it late, or
  • Written consent from both parties

Your divorce is not legally final until:

  1. The Final Judgment is filed, and
  2. A judge or magistrate signs it.

Fees, Fee Waivers, and What If You Can’t Afford It

Typical costs

  • Filing fee: About $120–$160 (varies by county; includes a tech surcharge under R.I. Gen. Laws § 8‑15‑11)
  • Sheriff/constable service: Often around $30–$50
  • Possible e‑filing or processing fees

A portion of each filing fee (currently $10) goes to Rhode Island Legal Services under R.I. Gen. Laws § 9‑29‑19.

Fee waivers – In Forma Pauperis

If you cannot afford the fees, you can ask the court to let you proceed In Forma Pauperis (IFP). This involves:

  • Filing a Motion to Proceed In Forma Pauperis
  • Submitting a notarized affidavit detailing:
    • Income
    • Employment
    • Monthly expenses
    • Assets and debts

Courts typically grant waivers when income is below about 150% of the federal poverty level. If approved, the court can waive:

  • Filing fees
  • Sheriff/service fees

In some cases, the court can order costs to be paid later, but for most low‑income litigants, this is a real lifeline.

Dividing Property: Rhode Island Is an Equitable Distribution State

Under R.I. Gen. Laws § 15‑5‑16.1, Rhode Island divides marital property by equitable distribution—that means fair, not automatically 50/50.

What counts as marital vs. separate property?

Marital property usually includes:

  • Assets acquired during the marriage
  • Increases in the value of the property due to either spouse’s efforts
  • Income earned during the marriage

Separate property often includes:

  • Property you owned before the marriage
  • Inheritances and gifts from third parties specifically to one spouse
  • Social Security benefits
  • Certain personal injury awards (pain and suffering)

Factors the court considers (the 12-factor test)

The judge must look at a list of factors, including:

  • Length of the marriage
  • Conduct of the parties during the marriage
  • Each spouse’s contribution to acquiring and maintaining property (including homemaker work)
  • Health, age, and income of each spouse
  • Occupation, skills, and employability
  • Each spouse’s opportunity to acquire assets in the future
  • Contributions to the other spouse’s education or career
  • Whether one spouse needs to stay in the marital home as the primary custodian of the children
  • Any wasteful spending or hiding/dissipation of assets
  • Any other factor the court finds relevant

By law, the judge must divide property first, and then consider alimony.

Special notes

  • The court can delay the sale of the marital home under § 15‑5‑16.1.1 to reduce disruption for minor children.
  • Retirement assets in employer plans usually require QDROs (Qualified Domestic Relations Orders).
  • IRAs are often transferred under “incident to divorce” rules.

In an uncontested case, your Marital Settlement Agreement will usually mirror how a judge would apply these factors if your case were contested.

Alimony: Support Focused on Getting Back on Your Feet

Rhode Island treats alimony as rehabilitative, not as a permanent income equalizer, under R.I. Gen. Laws § 15‑5‑16(c).

In plain terms, alimony is meant to:

Provide support for a spouse for a reasonable time so they can become financially independent and self‑supporting.

Types of alimony you may see

  • Temporary (pendente lite) – While the case is pending
  • Rehabilitative – For a set time, to allow the recipient to get training, education, or re‑enter the workforce
  • Permanent/indefinite – Rare; typically in cases of disability, advanced age, or very long marriages
  • Lump‑sum – One‑time payments; allowed but disfavored except in special situations

What the court looks at

The statute lists multiple factors, including:

  • Length of the marriage
  • Conduct of the parties during the marriage
  • Health, age, and “station in life.”
  • Occupation, income, job skills, and employability of each spouse
  • Each spouse’s estate, liabilities, and needs
  • Time and expense needed for the supported spouse to get education or training.
  • Whether that spouse can reasonably become self‑supporting
  • Standard of living during the marriage
  • Time spent out of the workforce raising children
  • The paying spouse’s ability to pay

Alimony ends automatically if the recipient remarries.

It may be modified if there is a substantial change in circumstances, unless your settlement specifically says it is non‑modifiable.

Child Support: The Income Shares Model

Rhode Island uses the Income Shares Model under R.I. Gen. Laws § 15‑5‑16.2 and Administrative Order 23‑02 (effective July 1, 2023).

The idea:

Children should receive the level of support they would have gotten if both parents lived together and combined their incomes.

How the calculation works (simplified)

  1. Determine each parent’s weekly gross income (before taxes):
    • Wages, self‑employment, rental income, Social Security, disability benefits, etc.
  2. Subtract certain allowable deductions (e.g., medical/dental premiums, other dependents).
  3. Add both parents’ adjusted incomes to get a combined income.
  4. Look up the basic child support amount on the Guidelines table based on:
    • Combined income
    • Number of children
  5. Determine each parent’s percentage share of that combined income.
  6. Apply that percentage to the basic support amount.
  7. Add extra expenses proportionally, such as:
    • Work‑related childcare
    • Children’s health insurance premiums
    • Uninsured medical expenses

Child Support Guidelines worksheets are available through the Rhode Island Office of Child Support Services (ocss.ri.gov).

Duration and modification

  • Support usually ends at age 18 or high school graduation, but never later than age 19, except in certain severe disability cases.
  • Either parent may ask to modify support upon a substantial change in circumstances.
  • Even without a change, either parent may request a review after 36 months.
  • Orders must address health insurance if it’s available at a reasonable cost.

Child Custody: Best Interests of the Child

Rhode Island distinguishes between:

  • Legal custody – Who makes major decisions about education, medical care, and religion
  • Physical custody – Where the child lives

Most cases involve joint legal custody, so both parents have access to records and a say in big decisions. Sole custody is more likely when:

  • Parents live in different states.
  • There is very poor communication.
  • There are serious fitness or safety concerns.

Pettinato’s best‑interest factors

In Pettinato v. Pettinato, the Rhode Island Supreme Court set out eight factors judges use to decide what’s in the child’s best interest, including:

  • Parents’ wishes
  • Child’s reasonable preference (if mature enough)
  • Child’s relationship with parents, siblings, and others
  • Adjustment to home, school, and community
  • Physical and mental health of everyone involved
  • Stability of each parent’s home
  • Moral fitness of each parent
  • Willingness of each parent to foster the child’s relationship with the other parent

No single factor controls; the judge looks at the whole picture.

Domestic violence concerns

Under R.I. Gen. Laws § 15‑5‑16(g) and related sections:

  • Courts must consider credible evidence of domestic violence.
  • Judges can tailor or restrict visitation to protect the child and the abused parent.
  • Proven physical or sexual abuse can lead to denial of custody or visitation.

Parenting plans

A good parenting plan typically covers:

  • Legal and physical custody
  • Weekly and holiday schedules
  • Pick‑up and drop‑off arrangements
  • Communication rules between parents and with the children
  • Decision‑making about school, medical care, and activities

The Family Court Mediation Unit (401‑458‑5032) offers free mediation for pending cases, often virtually via Webex, to help parents reach an agreement.

Where to File: Rhode Island Family Court Locations

You generally file in the county where you live (or where your spouse lives if you’re out of state and filing through their residency).

Providence/Bristol County – Garrahy Judicial Complex

  • One Dorrance Plaza, Providence, RI 02903
  • Domestic Relations Clerk: (401) 458‑3200
  • Serves: Barrington, Bristol, Burrillville, Central Falls, Cranston, Cumberland, East Providence, Foster, Glocester, Johnston, Lincoln, North Providence, North Smithfield, Pawtucket, Providence, Scituate, Smithfield, Warren, Woonsocket

Kent County – Noel Judicial Complex

  • 222 Quaker Lane, Warwick, RI 02886
  • Phone: (401) 822‑6725
  • Serves: Coventry, East Greenwich, North Kingstown, Warwick, West Greenwich, West Warwick

Washington County – McGrath Judicial Complex

  • 4800 Tower Hill Road, Suite 196, Wakefield, RI 02879
  • Phone: (401) 782‑4111
  • Serves: Charlestown, Exeter, Hopkinton, Narragansett, New Shoreham, Richmond, South Kingstown, Westerly

Newport County – Murray Judicial Complex

  • 45 Washington Square, Newport, RI 02840
  • Phone: (401) 841‑8340
  • Serves: Jamestown, Little Compton, Middletown, Newport, Portsmouth, Tiverton

Electronic filing via Odyssey is mandatory for attorneys and optional for self‑represented litigants. The Virtual Clerk Help Desk (virtualfamilyclerk@courts.ri.gov) can answer procedural questions and provide real‑time assistance during business hours.

Serving Your Spouse: Rule 4 Basics

Service in divorce cases is governed by Family Court Rule 4 and R.I. Gen. Laws § 15‑5‑20.

Personal service is usually required.

  • Divorce papers must usually be personally served on your spouse—handed directly to them.
  • You cannot serve them yourself. Allowed servers include:
    • Sheriffs
    • Constables
    • Deputy sheriffs
    • Persons specially appointed by the court
    • Authorized private process servers

If your spouse lives outside Rhode Island, service can sometimes be done by:

  • Personal delivery by any disinterested adult
  • Certified or registered mail with return receipt requested
  • Another method approved by the court

Service by publication (newspaper notice) is a last resort—used only when, after due diligence, you truly cannot locate your spouse and the court approves it.

Proof of service

Whoever serves the papers must file proof of service:

  • Sheriffs/constables usually complete the return on the summons.
  • Others file an affidavit of service.
  • For mail service, you must file the signed green card (return receipt)

Failure to file proof doesn’t necessarily invalidate service if it was actually done, but it can delay your case.

Free Help, Legal Aid, and Mediation

Rhode Island has strong support for people handling divorce without a lawyer.

Legal aid & low‑cost help

  • Rhode Island Legal Services (RILS)
    • Phone: (800) 662‑5034
    • Website: helprilaw.org
    • Helps low‑income individuals (and domestic violence survivors regardless of income) with family law cases.
  • RI Bar Association – Volunteer Lawyer Program
    • Phone: (401) 421‑7758
    • Connects eligible low‑income residents with pro bono divorce lawyers.
  • Lawyer Referral Service
    • Phone: (401) 421‑7799
    • Offers brief consultations and sometimes reduced‑fee arrangements.
  • Lawyer Referral Service for the Elderly
    • Phone: (401) 521‑5040
    • For anyone age 60+.

Court tools and services

  • Guide & File at courts.ri.gov helps generate some post‑hearing forms (like the Final Judgment).
  • The Virtual Clerk’s Office offers live, face‑to‑face help via video during court business hours.
  • Court clerks often keep scripts to help self‑represented parties know what to say at a nominal hearing.

Mediation

  • Family Court Mediation Unit – free for pending cases, often via Webex.
  • Private mediation options include the RI Divorce Mediation Center and mediators listed with the Rhode Island Mediators Association.

Mediation can be especially helpful if you’re close to an agreement but stuck on a few details.

Putting It All Together

To successfully file and complete an uncontested (nominal) divorce in Rhode Island, you will need to:

  1. Meet the residency requirement (or qualify through your spouse).
  2. Use no‑fault grounds, usually irreconcilable differences.
  3. Prepare and file the correct forms, including DR‑6 financial statements.
  4. Serve your spouse properly and within 120 days.
  5. Attend your nominal hearing and present your settlement agreement.
  6. File your Decision Pending Entry of Final Judgment (DR‑9A) on time.
  7. Observe the waiting period (90 days or 20 days, depending on grounds).
  8. File your Final Judgment (DR‑10/DR‑11) within the 180‑day window.

With online filing, virtual clerk support, free mediation, and legal aid, more Rhode Islanders are able to handle uncontested divorces without full‑time attorney representation—especially when both spouses cooperate and keep communication civil.