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Rhode Island Divorce Petition

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Introduction

In the Rhode Island Family Court, the Complaint for Divorce (Form DR-6/FC-56) is the pleading one spouse files to open a case and ask the court to end the bond of marriage. Filing in Rhode Island requires that one party have been a domiciled inhabitant and resident of the state for at least one year (12 months) next before filing (R.I. Gen. Laws § 15-5-12), after which the case moves through a distinctive two-stage timeline: a nominal hearing held roughly 65 to 75 days after filing, followed by a mandatory 3-month (90-day) nisi period before the final judgment enters under § 15-5-23. Rhode Island lets you proceed on the no-fault ground of 'irreconcilable differences which have caused the irremediable breakdown of the marriage' (§ 15-5-3.1) with no separation requirement, or on the fault grounds enumerated in § 15-5-2. Every complaint is filed in the Rhode Island Family Court on Form DR-6/FC-56, the parties are named Plaintiff and Defendant, and the state divides marital property by equitable distribution, not community property, under the twelve factors of § 15-5-16.1.

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Key Things to Know

  1. 1

    What it is: Known in Rhode Island as the Complaint for Divorce (Form DR-6/FC-56), this pleading is the paper one spouse files in the Family Court to open a case and ask the court to legally end the marriage.

  2. 2

    Residency: One party must have been a domiciled inhabitant and resident of Rhode Island for at least one year (12 months) next before filing your complaint, per R.I. Gen. Laws § 15-5-12. The state does not offer a shorter residency track.

  3. 3

    Waiting period: Expect a nominal hearing roughly 65 to 75 days after filing, then a mandatory 3-month (90-day) nisi period under § 15-5-23 before the final judgment of absolute divorce enters. The marriage is not dissolved on the hearing date.

  4. 4

    Grounds: Rhode Island is a mixed no-fault and fault state. You may plead 'irreconcilable differences which have caused the irremediable breakdown of the marriage' (§ 15-5-3.1) or living separate and apart for at least 3 years (§ 15-5-3), or fault grounds under § 15-5-2 such as adultery, extreme cruelty, willful desertion, or habitual drunkenness.

  5. 5

    Property: The Family Court applies equitable distribution under § 15-5-16.1, weighing twelve statutory factors. Rhode Island is not a community-property state, so assets are divided fairly rather than automatically split 50/50.

  6. 6

    Forms and court: File the Complaint for Divorce (Form DR-6 / FC-56) together with the Summons issued by the Family Court clerk, which names the parties as Plaintiff and Defendant. All divorce complaints are heard in the Rhode Island Family Court, which oversees the nominal hearing, the nisi period, and entry of the final judgment.

  7. 7

    Fee: The filing fee is $160, paid to the Family Court clerk when the Complaint for Divorce and Summons are filed. Low-income filers can request a fee waiver.

Key decisions before you file

Before you file a Divorce Petition in Rhode Island, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

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Filing a Divorce Petition in Rhode Island

In Rhode Island the action is called a divorce, specifically a divorce from the bond of marriage, not a 'dissolution of marriage,' and it begins when the Plaintiff files a Complaint for Divorce (/legal-document/divorce-petition) in the Rhode Island Family Court. Before you file, confirm eligibility: R.I. Gen. Laws § 15-5-12 requires that one party have been a domiciled inhabitant and resident of the state for at least one year (12 months) next before filing. That twelve-month bar is jurisdictional, so a recent move to Rhode Island will not support a complaint here.

Grounds You Can Plead

Rhode Island recognizes both no-fault and fault grounds. The most common no-fault path is 'irreconcilable differences which have caused the irremediable breakdown of the marriage' under § 15-5-3.1, which carries no separation requirement, so you do not have to live apart first. A second no-fault ground under § 15-5-3 applies only where the parties have lived separate and apart for at least 3 years. Alternatively, § 15-5-2 lists fault grounds including impotency, adultery, extreme cruelty, willful desertion, habitual drunkenness or drug use, neglect or refusal to provide, and gross misbehavior.

Forms, Court, and Fee

Your paperwork centers on the Complaint for Divorce (Form DR-6 / FC-56) and the accompanying Summons issued by the Family Court clerk. The complaint identifies you as the Plaintiff and your spouse as the Defendant. The filing fee is $160, paid to the clerk at the time of filing. Everything proceeds through the Rhode Island Family Court, which retains jurisdiction over the case from filing through final judgment.

The Two-Stage Timeline

Rhode Island's schedule is unusual and worth planning around. Under § 15-5-23, the court holds a nominal hearing roughly 65 to 75 days after filing, where uncontested terms can be presented. Even then you are not divorced: a mandatory 3-month (90-day) nisi period must run before the final judgment of absolute divorce enters. Only after that nisi period expires and judgment is entered are the parties free to remarry. Build both stages into your expectations rather than assuming the hearing date ends the marriage.

Dividing Property

Rhode Island is an equitable distribution state under § 15-5-16.1, and it is not a community-property jurisdiction. The Family Court weighs twelve statutory factors, including the length of the marriage, each spouse's conduct and contribution, and the contribution of a homemaker, to reach a division that is fair though not necessarily equal. Understanding these factors before filing helps you frame realistic proposals for the nominal hearing.

Before You File

Confirm the one-year residency of § 15-5-12, choose your ground under § 15-5-3.1, § 15-5-3, or § 15-5-2, prepare Form DR-6/FC-56 with the Summons, budget the $160 fee, and anticipate the § 15-5-23 nominal-hearing-plus-90-day-nisi sequence. Handling these Rhode Island-specific requirements up front keeps your Family Court divorce on track.

Rhode Island Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: One party must have been a domiciled inhabitant and resident of Rhode Island for at least one year (12 months) next before filing , R.I. Gen. Laws § 15-5-12.

Residency (County)

Must file in the correct county Rhode Island Family Court.

Grounds for Divorce

Must properly plead grounds: No-fault + fault. No-fault: 'irreconcilable differences which have caused the irremediable breakdown of the marriage' (§ 15-5-3.1), and living separate and apart for at least 3 years (§ 15-5-3); fault....

Waiting Period

Mandatory waiting period: Nominal hearing held roughly 65-75 days after filing, followed by a mandatory 3-month (90-day) nisi period before final judgment enters....

Required Forms

Must file correct state forms: Complaint for Divorce (Form DR-6 / FC-56) and the accompanying Summons issued by the Family....

Property Division

Property is divided according to: Equitable distribution , R.I. Gen. Laws § 15-5-16.1 (12 statutory factors; not community property) laws.

Filing Fee

Filing fee is typically $160 unless waived.

Service of Process

The Defendant must be properly served with the summons and petition.

Frequently Asked Questions

A divorce petition in Rhode Island is the Complaint for Divorce, the formal pleading one spouse (the Plaintiff) files with the Rhode Island Family Court to open a divorce case and ask the court to legally end the marriage. It states the grounds for divorce, confirms residency, and sets out what the filing spouse is asking for on issues like property, support, and custody.

In Rhode Island the two terms point to the same court action. The state calls it a 'divorce' (specifically a divorce from the bond of marriage), not a 'dissolution of marriage' as some states do. You file a Complaint for Divorce, the parties are named Plaintiff and Defendant, and the Family Court enters a final judgment of absolute divorce. There is no separate 'dissolution' procedure to choose between.

One party must have been a domiciled inhabitant and resident of Rhode Island for at least one year (12 months) next before filing, under R.I. Gen. Laws § 15-5-12. This twelve-month requirement is jurisdictional, and Rhode Island does not offer a shorter residency track.

Rhode Island allows both no-fault and fault grounds. The no-fault grounds are 'irreconcilable differences which have caused the irremediable breakdown of the marriage' (§ 15-5-3.1) and living separate and apart for at least 3 years (§ 15-5-3). Fault grounds under § 15-5-2 include impotency, adultery, extreme cruelty, willful desertion, and habitual drunkenness or drug use.

Rhode Island uses a two-stage timeline under § 15-5-23. The Family Court holds a nominal hearing roughly 65 to 75 days after filing, and then a mandatory 3-month (90-day) nisi period must run before the final judgment enters. You are not divorced on the hearing date.

You file the Complaint for Divorce (Form DR-6 / FC-56) along with the Summons issued by the Family Court clerk, and you file both with the Rhode Island Family Court.

The filing fee is $160, paid to the Family Court clerk when you file the Complaint for Divorce and Summons. Low-income filers can ask the court for a fee waiver.

Rhode Island follows equitable distribution under R.I. Gen. Laws § 15-5-16.1, weighing twelve statutory factors. It is not a community-property state, so the Family Court divides marital property fairly rather than automatically splitting it 50/50.