Rhode Island Uncontested Divorce
File an uncontested divorce in Rhode Island without a lawyer. See if you qualify, understand the process, and learn how to save time and money. Updated for 2026.
What is an Uncontested Divorce?
An uncontested divorce is one where both spouses agree on all issues, including property division, debt allocation, child custody, child support, and spousal support. Because there is nothing for the judge to decide, these cases move through the court system much faster and cost significantly less than contested divorces.
Uncontested
- +Lower cost ($299 + filing fee with Divorce.ai)
- +Faster timeline (4-6 months)
- +Less stress and conflict
- +No lawyer required
Contested
- -Higher cost ($$10,000-$$30,000+)
- -Longer timeline (6-18+ months)
- -Higher conflict and stress
- -Attorney usually needed
Do You Qualify for an Uncontested Divorce in Rhode Island?
To file an uncontested divorce in Rhode Island, you generally need to meet these criteria:
Residency requirement met
At least one spouse has lived in Rhode Island for 12 months.
Agreement on property division
Both spouses agree on how to divide all marital assets and debts.
Agreement on child custody and support (if applicable)
If children are involved, both spouses agree on custody, visitation, and child support.
Agreement on spousal support (if any)
Both spouses agree on whether spousal support will be paid, the amount, and duration.
Spouse is willing to participate
Your spouse must either sign the agreement or be properly served and not contest the filing.
Check your eligibility in 5 minutes
Answer a few questions and Divorce.ai will tell you if an uncontested divorce is right for your situation.
Rhode Island Nominal (Uncontested) Divorce
Rhode Island does not have a separate simplified divorce procedure, but the nominal (uncontested) track provides a streamlined process. When the plaintiff designates the case as nominal, the clerk automatically schedules a hearing 65-70 days after filing. If both parties agree on all terms, the hearing is brief. The court enters a decision that becomes final after a 90-day appeal period.
Requirements for Nominal (Uncontested) Divorce
Both spouses agree on all terms of the divorce, including property division, alimony, and (if applicable) child custody and support
The plaintiff designates the nominal track when filing the complaint
Residency requirements under R.I. Gen. Laws § 15-5-12 are met (one year for plaintiff)
All required forms (FC-56, DR-6, FC-75, and additional forms) are filed with the Family Court
A nominal hearing is attended approximately 65-70 days after filing
How to File an Uncontested Divorce in Rhode Island
Reach Agreement with Your Spouse
Discuss and agree on property division, debts, custody, support, and any other issues before filing. Write down your agreement — Divorce.ai can help you create a formal settlement agreement.
Complete Your Forms
Fill out the 5 required forms for Rhode Island. See the complete forms list.
File Your Petition
File the petition with your local court and pay the $160 filing fee. E-filing may be available in your county.
Serve Your Spouse
Even in an uncontested divorce, you must formally serve your spouse. In many cases, your spouse can sign a waiver of service to simplify this step.
Wait for the Mandatory Period
Rhode Island has a 75-day waiting period. Rhode Island does not have a single statutory waiting period. For uncontested (nominal) divorces, the clerk schedules a nominal hearing approximately 65-70 days after filing. After the hearing, the court enters a decision that does not become a final decree until the expiration of a 90-day appeal period under R.I. Gen. Laws § 15-5-23. For contested divorces, the timeline depends on court scheduling and case complexity.
Receive Your Final Decree
Once the waiting period ends and the court approves your agreement, you will receive your final decree of divorce. Some courts require a brief hearing; others approve by mail.
File your uncontested divorce with confidence
Divorce.ai prepares all your Rhode Island forms and settlement agreement. Guided, accurate, and affordable.
Common Mistakes in Uncontested Divorces
Not putting your agreement in writing
Verbal agreements are not enforceable. Always create a written settlement agreement filed with the court.
Forgetting about retirement accounts
401(k)s, pensions, and IRAs earned during marriage are marital property. Address them in your agreement even if one spouse doesn't claim them.
Incomplete financial disclosure
Rhode Island requires financial disclosure within 45 days. Hiding assets can void your agreement.
Skipping proper service
Even if your spouse agrees, improper service can invalidate the entire case. Follow Rhode Island's service rules carefully.