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How to File for Divorce in Rhode Island

Step-by-step guide to filing for divorce in Rhode Island. Requirements, costs, and timelines. Rhode Island follows equitable distribution.

Property Type

Equitable

Filing Fee

$160

Median Cost

$9,500–$40,000

Annual Divorces

3,500+

Understanding How to File for Divorce in Rhode Island

To file for divorce in Rhode Island, you must meet Rhode Island’s residency requirement of 12 months. The filing fee is $160. There is no mandatory waiting period, which can expedite uncontested cases.

Rhode Island allows both no-fault and fault-based divorce. Fault grounds include: Adultery, Extreme cruelty, Desertion, Habitual drunkenness, Substance abuse. Filing on fault grounds may affect property division or alimony awards.

An uncontested divorce in Rhode Island typically costs $9,500 and takes 2–4 months. Contested cases average $40,000 and can take 12–18 months or longer. The governing statute is R.I. Gen. Laws §15-5-3.

Common Questions

How long do you have to live in Rhode Island to file for divorce?
Rhode Island requires 12 months of residency before you can file for divorce. R.I. Gen. Laws §15-5-3 governs the filing requirements.
Is Rhode Island a community property or equitable distribution state?
Rhode Island follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in Rhode Island?
Filing fees in Rhode Island range from $160. The median total cost is approximately $9,500 for uncontested divorces and $40,000 for contested cases.
How long does a divorce take in Rhode Island?
Rhode Island has a mandatory waiting period of no mandatory waiting period. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in Rhode Island?
Rhode Island uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about how to file for divorce in Rhode Island and is not legal advice. Verify current statutes with R.I. Gen. Laws §15-5-3 or consult a licensed Rhode Island attorney. Last reviewed March 2026.