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Writer's pictureBrianna C. Repetto, Esq.

How do I file for Divorce in Rhode Island?

A divorce is never anyone’s first choice and is ultimately one of the hardest choices a person can make. The first step to divorce is to file for divorce. The filing spouse is referred to as the “plaintiff” and the non-filing spouse is referred to as the “defendant”.


If you are the filing spouse, you must obtain a certified copy of your marriage certificate (issued by the State where you married, not the church or religious organization that married you – you can obtain a copy from the city or town that issued the marriage license), pay a filing fee (approximately $145), and electronically submit the following forms to the Rhode Island Family Court with jurisdiction:


1. Cover Sheet

2. Divorce Complaint

3. Statement Listing Children

4. Statements of Assets, Liabilities, Income and Expenses (DR-6)


The Rhode Island Family Court transitioned from a paper system to an electronic filing system in 2014. All divorce filings must be submitted electronically.


Cover Sheet


In all civil cases (including divorce), the filing party must submit a civil case cover sheet. This form was recently amended to accommodate different languages and asks whether an interpreter will be necessary. This form does not need to be notarized.


Divorce Complaint


First, you must indicate whether you are seeking an absolute divorce (most common) or divorce from bed and board (the equivalent of a legal separation in Rhode Island). You will also have to list grounds for the divorce. Rhode Island is a no-fault divorce state, which means the grounds for divorce blame neither party. In a fault divorce, the filing spouse blames the non-filing spouse for the demise of their marriage alleging fault grounds (i.e., adultery, impotency, cruelty, substance abuse, imprisonment, neglect, abandonment, etc.). To get divorced in Rhode Island, you must only allege “irreconcilable differences which have caused the irremediable breakdown of the marriage” exist. Lastly, you must indicate whether your divorce should be placed on the nominal (or uncontested) track or contested track. This form must be notarized


Statement Listing Children


You must complete and submit this form even if you do not have children at all, or your children are now adults. It is important you list every minor child born of the marriage along with their names, address, date of birth, and gender. On the second page, you will also have to check a few boxes pertaining to whether your children receive state assistance. If you do not have any minor children, you can leave the non-applicable sections blank or write N/A. This form must be notarized.


DR-6


A Statement of Assets, Liabilities, Income and Expenses Form (DR-6) is a form both parties must fill out. The purpose of this form is to give the court a true accounting of finances, especially when children are involved, and child support calculations are necessary. The court may order a party to supplement his or her answers or file a new form if a substantial change in financial circumstances occurs while the divorce is pending (e.g., loss or change of employment, etc.). This form must be notarized.


The most updated versions of the forms you must fill out as the filing party can be found at https://www.courts.ri.gov/PublicResources/forms. It is essential you fill out all legal documents as truthfully as possible.


If you are unfamiliar with the Rhode Island legal system, it is highly recommended you seek advice from a trusted divorce attorney. Call Repetto Law, LLC today!

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