Can I File for Divorce in Rhode Island?

The state of Rhode Island has unique residency requirements for people who wish to terminate their marriage. You must meet these state-specific requirements prior to filing with your Family Court for your county in Rhode Island. The Rhode Island residency requirements are as follows:

No complaint for divorce from the bond of marriage shall be granted unless the plaintiff has been a domiciled inhabitant of this state and has resided in this state for a period of one year next before the filing of the complaint.

The divorce would be filed in the county in which the plaintiff resides or in the county in which the defendant resides if he or she meets the 1 years residency requirement. (General Laws of Rhode Island - Title 15 , Chapter 15-5-12)

If you DO NOT meet at least one of the above Rhode Island residency requirements, you have the following options:

• Establish residency in Rhode Island for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
• Have your spouse do the filing if he or she meets the Rhode Island residency requirements.
• Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option).

You must live in Rhode Island for at least 12 months prior to filing for divorce. In the divorce paperwork, the filing spouse is signing and verifying that he or she has lived in the State and county for the required time. Once jurisdiction is established for the court, you can move the very next day but you would need to make sure you can get back for a hearing, if a hearing is called. In any event, as long as you are considered a resident of the state, the day you file, relocating is not restricted.

Proving residency is as easy as both parties attending the hearing, if one is called. A witness may not be required and the court may waive this requirement if both parties attend the hearing. If only one party attends a hearing, the court may require additional witnesses to testify to the one-year residency for the plaintiff.