Uncontested Divorce Petition Packet - Rhode Island

RHODE ISLAND UNCONTESTED (NO-FAULT) DIVORCE — FILING PACKET

PART 1 — PRE-FILING RESIDENCY, GROUNDS & TIMELINE CHECKLIST

☐ Either the Plaintiff or the Defendant has been a domiciled inhabitant and resident of Rhode Island for at least 1 year next before the filing of the Complaint. (R.I. Gen. Laws § 15-5-12)
☐ Grounds for divorce exist: irreconcilable differences which have caused the irremediable breakdown of the marriage (no-fault). (R.I. Gen. Laws § 15-5-3.1)
☐ The parties agree on all issues (property/equitable distribution, debts, alimony, and — if minor children — custody, placement, visitation, and child support); otherwise the case is contested.
☐ Plaintiff understands the timeline: a nominal (uncontested) hearing is scheduled (typically ~65–75 days after filing), and a mandatory three-month period must pass before final judgment enters under § 15-5-23 — a minimum timeline of roughly 5 months.
☐ Plaintiff understands the automatic orders (R.I. Gen. Laws § 15-5-14.1) take effect against the Plaintiff upon filing and against the Defendant upon service (restraining transfers of assets, dissipation, etc.).
☐ The case will be filed in the Family Court in the county where the Plaintiff resides; if the Plaintiff resides out of state, in Providence County. (R.I. Gen. Laws § 15-5-13)

Filing-fee estimate: approximately $160 at the Rhode Island Family Court. Low-income filers may move to proceed in forma pauperis.

PART 2 — COURT CAPTION (used on all pleadings)

STATE OF RHODE ISLAND — FAMILY COURT
[PROVIDENCE / KENT / NEWPORT / WASHINGTON] COUNTY

Case No.: [________________]

PART 3 — COMPLAINT FOR DIVORCE (Irreconcilable Differences)

Plaintiff respectfully represents:

1. Residence and Jurisdiction (R.I. Gen. Laws § 15-5-12)

☐ Plaintiff ☐ Defendant has been a domiciled inhabitant of the State of Rhode Island and has resided in this state for the period of one (1) year next before the filing of this Complaint. Plaintiff resides at [________________________________] in [____________________] County, Rhode Island.

2. Marriage

The Plaintiff and Defendant were lawfully married on [__/__/____] at [____________________], and ☐ are ☐ are no longer living together as husband and wife. The parties last lived together on [__/__/____].

3. Children

☐ There are no minor children born of this marriage, and the Defendant/wife is not now pregnant.
☐ The following child(ren) were born of this marriage:

4. Grounds (R.I. Gen. Laws § 15-5-3.1)

Irreconcilable differences have arisen between the parties which have caused the irremediable breakdown of the marriage.

5. Conduct of Plaintiff

The Plaintiff has at all times conducted himself/herself as a faithful and dutiful spouse.

6. Property, Debts, Support, and Children

☐ The parties have entered into a written Property Settlement Agreement resolving all issues of equitable distribution (§ 15-5-16.1), debts, and alimony (§ 15-5-16), which is attached.
☐ Custody, physical placement, visitation, and child support (§§ 15-5-16, 15-5-16.2) are resolved as set forth in the attached agreement / proposed order.
☐ The court is requested to determine the issues described in the attached schedule.

7. Relief Requested

WHEREFORE, Plaintiff prays:
a. That a divorce be granted from the bond of marriage dissolving the marriage;
b. That the court make an equitable assignment of marital property under § 15-5-16.1;
c. That the court order alimony and counsel fees as appropriate under § 15-5-16, or as agreed;
d. That custody, placement, visitation, and child support be ordered if there are minor children;
e. That the Plaintiff's former name [________________________________] be restored (§ 15-5-17);
f. For such other and further relief as the court deems just.

Dated: [__/__/____]

Plaintiff's Signature: [________________________________]

PART 4 — VERIFICATION (R.I. Gen. Laws § 15-5-11)

State of Rhode Island, County of [____________________]

I, [PLAINTIFF NAME], being duly sworn, depose and say that I am the Plaintiff in the foregoing Complaint, that I have read it, and that the facts stated are true to the best of my knowledge and belief.

Plaintiff's Signature: [________________________________]

Subscribed and sworn before me on [__/__/____].

Notary Public: [________________________________] My commission expires: [__/__/____]

PART 5 — SUMMONS, SERVICE, AND ENTRY OF APPEARANCE

A. Summons / Service

The Defendant must be served with the Summons and Complaint. In an uncontested matter, the Defendant ordinarily signs a Waiver / Entry of Appearance rather than being formally served by a constable/sheriff.

B. Defendant's Entry of Appearance and Waiver

I, [DEFENDANT FULL NAME], acknowledge receipt of the Summons and Complaint for Divorce in this action.

☐ I enter my appearance in this action.
☐ I waive formal service of process and waive the filing of an Answer.
☐ I consent to the entry of a Final Judgment of Divorce on the ground of irreconcilable differences and on the terms set forth in the Property Settlement Agreement.

Defendant's Signature: [________________________________] Date: [__/__/____]

PART 6 — AUTOMATIC ORDERS (R.I. Gen. Laws § 15-5-14.1)

Upon filing (as to Plaintiff) and upon service or entry of appearance (as to Defendant), both parties are restrained from, among other things:

1. Transferring, selling, concealing, or disposing of property except in the usual course of business or for necessities or attorney's fees;
2. Incurring unreasonable debts;
3. Removing the minor child(ren) from Rhode Island without written consent or court order;
4. Cancelling, modifying, or changing beneficiaries of any insurance (health, life, auto, homeowner's) covering a party or child.

☐ Both parties acknowledge the automatic orders apply.

PART 7 — FINANCIAL STATEMENTS (DR-6 Financial Statement)

Each party must file a sworn Family Court Financial Statement (statement of income, expenses, assets, and liabilities), particularly where alimony or child support is at issue.

☐ Plaintiff's Financial Statement filed. ☐ Defendant's Financial Statement filed.

PART 8 — PROPERTY SETTLEMENT AGREEMENT (PSA)

PROPERTY SETTLEMENT AGREEMENT

This Agreement is made on [__/__/____] between [PLAINTIFF NAME] ("Plaintiff") and [DEFENDANT NAME] ("Defendant").

Recitals

1. The parties were married on [__/__/____] and last lived together on [__/__/____].
2. There ☐ are ☐ are no minor children of the marriage.
3. The parties desire to settle all issues of equitable distribution, debts, alimony, and (if applicable) custody and support.
4. Each party has made full financial disclosure and has had the opportunity to consult independent counsel.

Article 1 — Equitable Distribution of Property (R.I. Gen. Laws § 15-5-16.1)

To Plaintiff: [____________________________________________________________]
To Defendant: [____________________________________________________________]

Article 2 — Debts

Plaintiff shall assume and hold Defendant harmless from: [________________________________]
Defendant shall assume and hold Plaintiff harmless from: [________________________________]

Article 3 — Marital Domicile / Real Property

☐ The parties own no real property.
☐ The real property at [________________________________] shall be: ☐ awarded to Plaintiff ☐ awarded to Defendant ☐ sold and net proceeds divided [____]% / [____]%.

Article 4 — Retirement Accounts

☐ Each party retains his/her own retirement accounts.
☐ The [________________] account shall be divided by Qualified Domestic Relations Order (QDRO) [____]% / [____]%.

Article 5 — Alimony (R.I. Gen. Laws § 15-5-16)

☐ Both parties waive alimony.
☐ [Plaintiff/Defendant] shall pay $[__________] per [week/month] for [____] [weeks/months], terminating [__/__/____].
☐ Alimony is reserved.

Article 6 — Name Restoration (§ 15-5-17)

☐ Plaintiff's former name [________________________________] is restored.

Article 7 — Incorporation / Merger

This Agreement shall be ☐ incorporated and merged ☐ incorporated but not merged into the Final Judgment of Divorce.

Plaintiff: [________________________________] Date: [__/__/____]
Defendant: [________________________________] Date: [__/__/____]

PART 9 — CHILDREN: CUSTODY, PLACEMENT, AND CHILD SUPPORT (if minor children)

A. Custody, Placement, and Visitation (R.I. Gen. Laws § 15-5-16)

• Legal custody: ☐ Joint ☐ Sole to [________________]
• Physical placement: ☐ Plaintiff ☐ Defendant ☐ Shared
• Visitation/parenting schedule: [____________________________________________________________]
• Holidays, school vacations, summer: [____________________________________________________________]

B. Child Support (R.I. Gen. Laws § 15-5-16.2; RI Child Support Guidelines)

Rhode Island uses an income-shares guideline.

• Obligor: ☐ Plaintiff ☐ Defendant
• Guideline amount: $[__________] per [week/month]
• ☐ Conforms to guideline ☐ Deviation requested; reason: [________________________________]
• Health insurance for child(ren) provided by: ☐ Plaintiff ☐ Defendant
• Unreimbursed medical expenses shared: [____]% Plaintiff / [____]% Defendant

☐ A completed Child Support Guideline Worksheet is attached.

PART 10 — DECISION PENDING ENTRY OF FINAL JUDGMENT & FINAL JUDGMENT (Proposed)

[Caption as in Part 2]

This cause came on for an uncontested (nominal) hearing on [__/__/____]. The Court, having heard the testimony and reviewed the Property Settlement Agreement, FINDS that the residency requirement of § 15-5-12 is met, that irreconcilable differences have caused the irremediable breakdown of the marriage (§ 15-5-3.1), and that the agreement is fair and equitable.

DECISION PENDING ENTRY OF FINAL JUDGMENT: A divorce is granted. Final Judgment shall not enter until expiration of the period required by R.I. Gen. Laws § 15-5-23.

FINAL JUDGMENT (entered after the statutory period):

1. The marriage of the parties is dissolved; the parties are absolutely divorced from the bond of marriage.
2. The Property Settlement Agreement dated [__/__/____] is approved and incorporated ☐ and merged ☐ but not merged.
3. Equitable distribution and debts: per the PSA.
4. Alimony: ☐ Waived ☐ As set forth in the PSA ☐ Reserved.
5. Custody, placement, visitation: as set forth above / in the PSA.
6. Child support: $[__________] per [week/month] payable through the Rhode Island Office of Child Support Services.
7. Name restoration: ☐ Plaintiff's former name [________________________________] is restored.
8. Other: [________________________________]

Dated: [__/__/____] Justice / Magistrate of the Family Court: [________________________________]

PART 11 — FILING CHECKLIST & PROCEDURE

1. Confirm residency — 1 year domiciled in Rhode Island (§ 15-5-12).
2. Prepare the package: Complaint for Divorce (DR-6 series), verification, DR-6 Financial Statement, Property Settlement Agreement, and — if children — a child-support guideline worksheet and proposed custody/placement order. Complete the DCYF/UCCJEA child-information affidavit if there are children.
3. File with the Family Court clerk in the proper county (§ 15-5-13); pay ~$160 or move to proceed in forma pauperis.
4. Serve the Defendant or obtain a signed Entry of Appearance / Waiver (Part 5). Automatic orders (§ 15-5-14.1) take effect.
5. Nominal hearing is scheduled (typically ~65–75 days after filing). Plaintiff (and Defendant, if agreeing) appears; the court reviews the PSA and grants a Decision Pending Entry of Final Judgment.
6. Three-month waiting period runs (§ 15-5-23) before Final Judgment may enter.
7. Final Judgment enters. Obtain certified copies.
8. Post-judgment: record deeds, process QDROs, update beneficiaries, change name with SSA/DMV, set up child-support withholding.

SOURCES AND REFERENCES

• General Laws of Rhode Island Chapter 15-5 (Divorce and Separation) — https://webserver.rilegislature.gov/Statutes/TITLE15/15-5/INDEX.HTM
• R.I. Gen. Laws §§ 15-5-3, 15-5-3.1, 15-5-11, 15-5-12, 15-5-13, 15-5-14, 15-5-14.1, 15-5-16, 15-5-16.1, 15-5-16.2, 15-5-17, 15-5-23
• Rhode Island Family Court — Forms and Self-Help — https://www.courts.ri.gov/Courts/FamilyCourt/Pages/default.aspx
• Rhode Island Office of Child Support Services — Child Support Guidelines

Disclaimer: This template is for general informational purposes only, is not legal advice, and does not create an attorney-client relationship. Use the current official Rhode Island Family Court forms. Consult a licensed Rhode Island attorney for case-specific guidance.