Rhode Island Marital Settlement (Divorce) Agreement Form [PDF]

A marital settlement agreement in Rhode Island is a legally binding contract created by spouses in which they address all relevant issues related to their divorce. This includes matters such as child support (if parties have children) and the division of property—arranging jointly acquired assets during the marriage and any separate property or investments.

The purpose of this agreement is to allow the parties to resolve all significant issues themselves, with mutual consent, rather than having them decided by the court.

If the parties reach an agreement, the court will consider this document when making a decree. If no agreement is reached, the court will decide on these matters according to the law, which may not align with the parties’ preferences.

Divorce Forms

To file for divorce in Rhode Island, you need to submit your paperwork to the Family Court in the county where either you or your spouse live. The filing fee is approximately $160, though this can vary from county to county. The process generally takes about three to six months for an uncontested divorce, but it could take longer if the case is contested.

Divorce Laws and Legal Requirements in Rhode Island

Divorce laws and legal requirements in Rhode Island outline the specific rules and procedures that must be followed when dissolving a marriage. These laws govern critical aspects of marriage, such as:

How to File for a Divorce in Rhode Island in 8 Steps

To file for divorce in Rhode Island, follow this step-by-step guide to avoid issues like delays or incomplete filings, ensuring a smoother process.

#1. Fill Out the Divorce Form

The first step in filing for divorce is completing the complaint form. This document officially starts the divorce process by stating your intention to dissolve the marriage.

You’ll need to provide personal information, details about your marriage, and the reasons for seeking a divorce. When filling out the form, ensure you accurately describe any specific requests, such as custody or division of assets. Be sure to review the form carefully before submitting it to ensure all sections are complete and accurate.

#2. Fill Out Additional Court Forms

Along with the divorce complaint, you must complete additional court forms, which may vary depending on your circumstances. Common forms include the DR6 (Statement of Assets, Liabilities, Income, and Expenses), forms listing the children involved in the divorce, a family services counseling report, and a report for divorce.

Ensure you gather all the necessary forms from the clerk’s office to avoid delays in your case.

#3. File the Forms With the Court

After completing the divorce and additional court forms, the next step is to file them with the family court clerk. You’ll need to submit all forms, including a copy of your marriage certificate, and pay the filing fee. If you cannot afford to pay the fee, you may apply for In Forma Pauperis status to have it waived.

The clerk will then assign your case a docket number and schedule your first court date, known as the nominal date.

#4. Serve the Forms to the Spouse

Once your case is filed, you must serve the divorce forms to your spouse. This involves delivering a copy of the divorce complaint, summons, and other required documents to them. You can have the sheriff in the county where your spouse lives handle this for a service fee.

After service is completed, the sheriff will provide proof of service, which you must file with the court.

#5. Wait for the Defendant's Answer

After being served, your spouse, now the defendant, can respond to the complaint. In a contested divorce, they may file an answer and possibly a counterclaim, leading to further court dates and negotiations.

In an uncontested divorce, the defendant may not respond to or agree to the terms. If they do not respond, the defendant risks the court making a default judgment, which may be in favor of the plaintiff.

#6. Attend the Nominal Court Hearing

If both spouses can agree on all aspects of the divorce, they can submit a marital settlement agreement to the court. This agreement outlines the division of assets, child custody arrangements, parenting plan, and other terms. A marital settlement agreement template can be helpful in ensuring all necessary details are included.

So, if your spouse does not contest the divorce or both parties agree on all terms, the case will be addressed on the nominal court date. The judge will review your case, confirm that you have met all the requirements, and, if all is in order, grant the divorce.

#7. Finalize the Divorce

Even after the court has granted the divorce, you are not legally divorced until both the Decision Pending Entry of Final Judgment and the Final Judgment forms have been filed with the court and signed by a judicial officer.

Within 30 days of the court granting the divorce, you must file the Decision Pending Entry of Final Judgment form with the court. This form marks the initial decision, but it does not finalize the divorce.

The Final Judgment Form cannot be filed until three months after the decision date, so keep it until the three-month waiting period expires. After that, file it with the court to finalize the divorce.

#8. Change Your Name

If you want to change your name after the divorce, you can request this during the divorce proceedings by including the name change request in your initial divorce complaint. The court can grant your request as part of the final judgment, allowing you to legally return to your maiden name after the divorce is finalized.

After that, make sure to update your name on all legal documents and identification.