Rhode Island Divorce Records

The number of divorces in Rhode Island has fluctuated over the past three decades. In 1990, Rhode Island recorded its highest divorce rate in 30 years and saw that number dip to its lowest in 2020. The Ocean State's divorce rate currently sits at 2.9 divorces per 1000 residents, higher than the national rate of 2.4 per 1000.

Divorce records in Rhode Island can be obtained from the Clerk of Family Court office in the county where the divorce was filed. This court is responsible for generating and keeping divorce documents including divorce or annulment decrees. The state provides two major types of divorce records: divorce certificates and divorce decrees.

A divorce certificate provides brief information about the divorce. It contains such information as the name of the divorcing parties, the date and county it was filed, and the court case number. It is often regarded as an informational copy since it does not contain significant details about the divorce such as how it was finalized.

On the other hand, a divorce decree contains comprehensive details about the divorce. It provides the final judgment of divorce signed by the presiding judge, including the verdict on matters such as child support, child custody, financial responsibility, alimony, and the division of the couple's assets and liabilities. This document is considered a certified copy and is only accessible by the divorced parties, their family, and attorneys.

What Are the Residency Requirements Necessary To Attain Divorce in Rhode Island?

According to the Rhode Island General Laws § 15-5-12, one of the spouses must have lived in the state for at least a year before the day of filing to meet the residency requirement for divorce. However, there are exceptions for people in the armed forces stationed in other states or countries. In cases where the couple does not meet the residency requirement, the party seeking a divorce can file for separate maintenance, which is financial support from a spouse you are legally married to but separated from. Separate maintenance is the closest thing Rhode Island has to a legal separation without divorce.

What Are the Grounds Allowing Divorce Within Rhode Island?

In Rhode Island, a divorce may be granted whether or not either spouse is at fault. This means that the state accepts fault-based and no-fault divorce. A no-fault divorce means that the couple is experiencing irreconcilable differences that cannot be fixed - in other words, their marriage is beyond the reparable stage. To file for a no-fault divorce in Rhode Island, the couple must have been separated and not have lived together for a minimum of three years.

On the other hand, a fault-based divorce means that either spouse is responsible for the divorce and has violated their marriage contract. Several grounds are legally acceptable to finalize a fault-based type divorce in the state of Rhode Island, they include:

• Impotence
• Extreme cruelty
• Adultery
• Willful desertion for 5 years of either of the parties or for willful desertion for a shorter period fully in the court's discretion
• Habitual or the excessive use of any drugs by the spouse
• Continued drunkenness
• Neglect for a minimum of one year before filing a divorce petition
• Behavior by either spouse constituting wickedness, or gross misbehavior that violates the covenant of marriage

How Much Does It Cost to File for Divorce in Rhode Island?

The cost of filing for divorce in Rhode Island is around $400. This does not include additional costs usually associated with the divorce process. These extra cost may include:

• Attorney fees
• Psychological evaluation
• Co-parenting classes
• Mediation
• Expert witness fees
• Alimony
• Child Support
• Debts and properties
• Mortgage Refinancing

With all these in view, divorce in Rhode Island costs around $10,400. Compared to neighboring states like Massachusetts and Connecticut, the cost of getting a divorce in the Ocean State is lower. However, a Rhode Island divorce is costlier than the national average of $9,970.

How Long Is the Waiting Period for Divorce in Rhode Island?

Many states have a mandatory waiting period or cooling-off period for divorce. This waiting period is the time that must pass before a final hearing is scheduled. In Rhode Island, it occurs after the necessary paperwork has been filed. A waiting period gives the parties time to consider their divorce and work out how to share their assets.

In Rhode Island, the duration of the total waiting period depends on certain factors. For uncontested divorce - a divorce where both parties agree on all issues, there is a mandatory 75-day waiting period after filing. Following this, the judge will make a final decision if the couple still agrees to the divorce. Suppose the divorce is a result of irreconcilable differences. In that case, the couple will have to wait for 90 days after the initial hearing while couples filing separately and apart must wait for 21 days after the first hearing.

Note that a waiting period is different from a separation period. In Rhode Island, a couple seeking a no-fault divorce must have been separated for three years before filing. A judge might waive the waiting period if the couple has already observed the separation period. However, judges are not required to do this.

How To File for Divorce in Rhode Island?

The first thing to do when you want to file to attain a divorce within Rhode Island is to ensure that you meet the residency and separation requirements that qualify you for divorce. You also need to determine what type of divorce you want. There are two types of divorce: contested and uncontested divorce.

Uncontested divorces occur when the couple agrees on all the divorce terms while a contested divorce happens when the couple challenges some aspects of their divorce and wants the court to decide for them. Both types follow the same general process.

To file for divorce, the petitioner needs to go through the process of filing a divorce petition and other forms such as a DR6, two statements listing the children of the divorce, a family services counseling report form, a report of divorce, a copy of the marriage certificate, the summons, and the filing fee. These forms are available at the location of the family court clerk's office or on the Judiciary website and must be filed in the county where either spouse lives.

The defendant is also expected to answer this petition. In a contested divorce, the response will challenge some terms in the divorce while in an uncontested divorce, the response will be in agreement. The divorce forms may be filed in person, by mail, or electronically. Note that you are responsible for ensuring the defendant is served using the Sheriff's Office.

Are Divorce Records Public in Rhode Island?

According to Rhode Island Vital Records Law, divorce records are not open to the public and can only be accessed by eligible persons, such as:

• Lawyers
• Persons authorized by a court order
• Persons with a legitimate direct interest
• Persons with a personal or property right
• Title examiners
• Other persons and agencies approved by law

However, the public may also view Rhode Island divorce records information for research purposes by requesting the Clerk of Family Court or the Judicial Records Center. If your request to access divorce records is denied, you may petition the court or the Center. If they determine the record is not subject to public inspection, you may file a formal complaint with the Rhode Island Attorney General.

How To Get Certified Copies of a Divorce Decree in Rhode Island?

Only people with a direct or reasonable interest can access certified copies of a divorce decree in Rhode Island as they are not publicly accessible. People who can access these records include divorced couples, their parents, attorneys-at-law, or people with a court order. Visit the Judicial Records Center to obtain a copy of a final judgment/divorce decree, you will need to provide the following:

• The court (county) and case number.
• Your phone number.
• A business/certified check or money order for $25.00 made payable to the State of Rhode Island.
• A self-addressed stamped envelope.

You may visit the Rhode Island Department of Health's Center for Vital Records or any city or town clerk's office to get copies of Divorce Certificates.

Divorce Settlement: Is Rhode Island a 50/50 State?

Rhode Island is not a 50/50 state as it employs the equitable distribution model. US states use two models in determining how property will be shared between the divorcing couple. The community property model shares the property equally between the couple, irrespective of any factors, hence the 50/50 tag. Then, there is the equitable distribution model, which aims to share the property fairly or justly. Several factors are looked at when determining how to share property in Rhode Island, these include:

• The amount and sources of income of each of the parties
• The conduct of each party within the marriage
• The services as well as contributions as a homemaker by each involved party
• The contribution by one party to the education of the other
• The contribution of each of the parties during the marriage
• The age and health of each of the couple
• The length of the marriage
• The needs of the custodial parent in the best interests of the children
• The employability as well as the jobs of both parties
• The expected ability to acquire future assets and income by each party
• The wasteful dissipation of any assets before the divorce

FAQs about the Divorce Process in Rhode Island

Here are answers to frequently asked questions about the divorce process in Rhode Island.

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