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Guide to Uncontested Divorce in Rhode Island

December 23, 2025

Uncontested / Simple Divorce in Rhode Island: A Plain-English Guide to a “Nominal Divorce”

Thinking about ending your marriage in Rhode Island but worried about the cost, stress, and time of a full court battle? For many couples, the lower conflict path is an uncontested case called a “Nominal Divorce” in Rhode Island Family Court. Instead of fighting over every detail, you and your spouse reach a full agreement and ask the Family Court to approve it at a required hearing.

This guide explains, in plain English, how a Rhode Island Nominal Divorce works: who typically qualifies, the major steps, how long it usually takes (including the 3-month interlocutory period after the hearing), what it costs, and where a do it yourself (DIY) approach can fit in. We’ll also flag situations where trying to do everything alone may not be a good idea.

Red Alert (Rhode Island hard stop): In Rhode Island, a Nominal Divorce usually requires a third-party residency witness at the Nominal Hearing. If you show up alone, the judge may not be able to grant the divorce and your hearing can be continued. Plan for this early so you don’t lose months to a rescheduled date.

Important disclaimer: PlainDivorce.com is not a law firm. This article is legal information, not legal advice. Court rules, forms, and fees can change, and local practice can vary by courthouse and judge. For advice about your situation, talk to a Rhode Island family lawyer or legal clinic, and confirm details with official Rhode Island Judiciary / Family Court sources.

Table of Contents

Rhode Island nominal divorce

1. What Is an Uncontested or Simple Divorce in Rhode Island?

In Rhode Island, an uncontested divorce is commonly handled as a “Nominal Divorce”. That’s the local, high intent term many Rhode Island filers (and the Rhode Island Family Court) use when the case is truly agreement based.

A Nominal Divorce (uncontested divorce) in Rhode Island generally means:

  • Both spouses agree the marriage is over (most commonly using no-fault concepts like irreconcilable differences).
  • They agree on all key issues (property and debt division, and if applicable: custody/parenting time, child support, and spousal support).
  • One spouse starts the case by filing a Complaint for Divorce, and the other spouse cooperates rather than fighting the case.

Unlike some states, Rhode Island typically does not finalize by paperwork only. Even in a Nominal Divorce, the court usually schedules a short Nominal Hearing where a judge confirms the basics (residency, grounds, agreement) and then issues an order that starts the final waiting period.

2. Who Qualifies for a Nominal Divorce in Rhode Island?

Before you invest time in paperwork (or a DIY kit), confirm that you:

  • Meet the residency rules,
  • Have valid grounds for divorce, and
  • Have a case that’s truly uncontested (a real Nominal Divorce, not just “we’re trying to be civil”).

Residency requirements

Rhode Island requires a meaningful connection to the state before the Family Court can grant a divorce. Many filers rely on the “one-year” residency or domicile concept. “Domiciled” generally means Rhode Island is your true home (not just a temporary stay).

Critical practical point: Rhode Island commonly requires a third-party witness to testify about residency at the Nominal Hearing. Plan for who that witness will be (friend, family member, neighbor, coworker) and make sure they can attend on your hearing date.

No-fault grounds: irreconcilable differences or long-term separation

Rhode Island is commonly treated as a no-fault jurisdiction for most simple cases. For a Nominal Divorce, many couples use:

  • Irreconcilable differences – You both agree the marriage has broken down and there’s no realistic chance of reconciliation.
  • Living separate and apart without cohabitation for a long period – Rhode Island also recognizes a longer “separate and apart” pathway that can apply in certain situations.

When your case is a good fit for a Nominal Divorce

In practice, a Rhode Island Nominal Divorce is a good fit when:

  • You meet the residency and grounds requirements.
  • Both spouses are ready to end the marriage.
  • You can communicate well enough to cooperate and share financial information.
  • You have a clear agreement (or can reach one) on property, debts, and support, and if you have children: parenting time and child support.
  • Neither spouse is hiding assets or pressuring the other into an unfair deal.

Situations where “uncontested” may not actually work

  • There is a history of domestic violence, threats, or coercive control.
  • One spouse controls all the money and the other has little information.
  • You strongly disagree about custody, relocation, or safety issues.
  • You own a business, have large retirement assets, or have complicated tax issues.
  • One spouse has serious immigration concerns tied to the marriage.

In these situations, it’s usually worth getting Rhode Island specific legal advice before signing anything or filing a Complaint for Divorce.

3. Step-by-Step Overview: Complaint, Hearing, and Judgment

Most Rhode Island Nominal Divorce cases follow a similar path. Below is a practical overview using Rhode Island’s local court vocabulary so you know what you’re looking at when you read instructions and forms.

Step 1 – Confirm you qualify (residency + grounds + truly uncontested)

  • Confirm Rhode Island residency or domicile requirements for you (or your spouse).
  • Confirm your ground (many nominal cases rely on irreconcilable differences).
  • Confirm you have agreement on all major issues (or you’re very close).

Step 2 – Reach a full agreement (especially on money + children)

Before filing, try to settle the big decisions. In a Nominal Divorce, the smoother your agreement is, the smoother your hearing usually is.

  • Property and debts: house or lease, cars, accounts, credit cards, loans, retirement, etc.
  • Support: child support (if applicable) and spousal support (if any).
  • Parenting: custody and decision making, and a realistic parenting schedule (if you have children).

Step 3 – Prepare the initiating paperwork (Complaint for Divorce + required disclosures)

One spouse starts the case by preparing and filing the Complaint for Divorce along with required Family Court forms. Rhode Island courts also require financial disclosure in most cases, and the DR-6 Financial Statement is a major part of that.

Many cases also require a Department of Health reporting form (often called a Report of Divorces and Annulments (VS-4)). Always confirm the current vital records requirement with the clerk when you file, because missing it can delay your case.

Step 4 – File with the Rhode Island Family Court

You file in the appropriate Family Court location (typically tied to where you live). When you file, you’ll pay the filing fee, receive a case number, and get information about your Nominal Hearing date (or the steps to obtain one).

Even in an uncontested case, expect the clerk to reject paperwork that’s incomplete, inconsistent, or missing required signatures or notarization.

Step 5 – Service of process (or an accepted alternative)

The other spouse must receive official notice of the case. This is called service of process. Even when your spouse is fully cooperative, Rhode Island still expects the case to follow proper notice rules unless the court accepts an alternative method.

Step 6 – Attend the Nominal Hearing (and bring your residency witness)

In Rhode Island, the Nominal Hearing is the key moment where a judge reviews your uncontested case. The hearing is usually short, but you should be prepared to confirm:

  • Residency or domicile,
  • The basis for the divorce (irreconcilable differences is common),
  • That your agreement is voluntary and complete,
  • That required disclosures (including the DR-6 Financial Statement) are in order.

Red Alert: Plan to bring a third-party witness to testify about residency. In plain English, this witness is there to say something like: “Yes, I know them, and they live in Rhode Island.” If you appear without a witness when one is required, the judge may continue your case and reschedule the hearing.

If everything is in order, the judge may issue an Interlocutory Judgment (or an equivalent order). This starts the interlocutory period, the built in waiting time before the divorce can be made final.

Step 7 – Final judgment is a separate step (it does not finalize automatically)

Rhode Island has an interlocutory period of about 3 months after the hearing. Important: the divorce does not always become final automatically just because time passes. In many cases, you must submit the court’s Final Judgment of Divorce paperwork for the clerk to enter after the waiting period expires.

If you forget this last step, you can remain in the interlocutory phase longer than you expect, even though the hearing already happened. After the final judgment is entered, request certified copies if you will need proof for name changes, benefits, refinancing, or remarriage.

4. The DR-6 Financial Statement (The Form That Stresses People Out)

If Rhode Island filers have one paperwork anxiety point, it’s the DR-6 Financial Statement. This is Rhode Island’s core financial disclosure document in Family Court divorce cases, and it’s easy to make mistakes if you rush.

Why it matters: The judge uses financial disclosure to sanity check fairness, especially if there are support issues, children, or significant assets and debts. Missing or incomplete DR-6 paperwork can delay your Nominal Divorce or require return trips to court.

What you should expect to gather (typical examples):

  • Income documentation (pay stubs, tax returns, or other proof of earnings)
  • Monthly expense information (housing, utilities, insurance, child costs)
  • Assets (bank accounts, vehicles, retirement, real estate)
  • Debts (credit cards, loans, arrears)

Practical tip: Prepare your DR-6 like you’re preparing for an audit: use consistent numbers, keep backup documents, and don’t guess when you can verify. If you truly don’t know a number, document how you estimated it.

5. Special Issues When You Have Children

Even in a Nominal Divorce, the Family Court must be satisfied that parenting and support arrangements protect the best interests of the children.

Parenting plans and custody

  • Physical custody (where the children primarily live)
  • Legal custody and decision making (school, medical, religion)
  • A detailed parenting time schedule (weekday/weekend, holidays, vacations)
  • Communication rules and a plan for resolving future disagreements

Child support and the guideline worksheet

Rhode Island typically uses guideline based child support calculations tied to income and other factors. Courts commonly require a guideline worksheet to show the math, even if the parties agree to a different number. Rhode Island Family Court materials reference a Child Support Guideline Worksheet (DR-10).

Why this matters: Even if the parties agree to $0 support or a lower amount, the judge may still want to see the guideline calculation and the reason for any deviation.

6. How Long Does a Nominal Divorce Take in Rhode Island?

Rhode Island timelines are driven by two things: (1) when your Nominal Hearing is scheduled, and (2) the interlocutory period after the hearing, plus the final judgment entry step.

  • Filing to Nominal Hearing: Often a couple of months, depending on scheduling and service.
  • Nominal Hearing to eligibility for final entry: About 3 months (the interlocutory period).
  • Final step: Submit the required Final Judgment paperwork so the clerk can enter it (this is where many DIY cases stall).

A simple way to think about it:

  • Nominal Hearing (Day 0) → Interlocutory period runs → Earliest final entry (around Day 91) → Final Judgment entered by clerk

Delays can happen if service is difficult, DR-6 disclosures are incomplete, required signatures or notarization are missing, a residency witness is not available for the hearing, or the court requires corrections.

7. What Does a Nominal Divorce Cost in Rhode Island?

Costs vary, but most Nominal Divorce budgets include:

Court filing fees

Rhode Island Family Court charges a filing fee when you file the Complaint for Divorce, and some courts also have additional surcharges or e-filing related fees. Because fee schedules can change, confirm the current total with the clerk or official Rhode Island Judiciary sources right before you file.

Service of process and misc. expenses

  • Service fees (sheriff or constable or other approved method)
  • Notary fees (often relevant for financial disclosures like the DR-6)
  • Copies, postage, travel, and parking
  • Certified copies after the judgment is final

Professional help (optional)

Some couples stay uncontested but still pay for limited help, for example, a mediator to reach agreement, or a lawyer to review documents before the Nominal Hearing. Even a small amount of professional review can prevent costly delays if you have children, support issues, or significant assets.

If you cannot afford court fees, ask the clerk about the court’s process for requesting a fee waiver. Requirements vary and may involve financial disclosure.

8. When a DIY Divorce Might Not Be Right for You

A DIY Nominal Divorce can be a smart way to keep costs down, but only if it’s truly safe and fair. Consider getting legal help if any of these apply:

  • Domestic violence or intimidation
  • Hidden or complex finances (business ownership, large retirement assets, complicated debt)
  • Major disagreements about children (custody, relocation, safety)
  • Serious immigration or tax issues
  • Uneven bargaining power (pressure to “just sign”)

If something feels unsafe, confusing, or heavily one sided, it’s usually worth pausing and getting Rhode Island specific advice before filing or signing.

9. Where a Self-Help Divorce Kit Fits Into the Process

If your case is a good fit for a Rhode Island Nominal Divorce, a self-help kit can make the process much easier, especially around the biggest failure points: organizing DR-6 financial disclosure, preparing for the Nominal Hearing, bringing a residency witness, and completing the separate Final Judgment entry step after the interlocutory period.

  • Explains the workflow (Complaint → service → Nominal Hearing → interlocutory period → final judgment entry).
  • Keeps you organized with checklists and deadlines so you don’t miss required steps.
  • Helps you prepare the information you’ll need for the Complaint for Divorce, DR-6, and child related documents.
  • Reduces common errors that trigger rejections or continuances.
  • Helps you walk into the Nominal Hearing prepared instead of guessing.
Download Our Rhode Island Uncontested Divorce Self-Help Kit

PlainDivorce.com kits are designed for people who want an affordable, agreement based divorce and are comfortable handling their own paperwork, but want structure and clarity instead of piecing everything together from random sources.

Still, remember: court staff can explain procedure, but they cannot give legal advice or tell you what to write. Always verify current requirements with official Rhode Island sources.

10. Final Thoughts and Next Steps

Even when both spouses agree, divorce is still a major life transition. If you’re aiming for a Rhode Island Nominal Divorce, staying organized and using the correct local terminology can reduce stress and delays:

  • Confirm residency and grounds.
  • Reach a complete agreement on money and children (if applicable).
  • Prepare your Complaint for Divorce carefully.
  • Take the DR-6 Financial Statement seriously and gather documents early.
  • Line up your residency witness for the Nominal Hearing date.
  • Expect the 3-month interlocutory period after the hearing.
  • Complete the separate Final Judgment entry step after the waiting period so your divorce is actually final.

Again, PlainDivorce.com is not a law firm and does not provide legal advice. This guide is for educational purposes only. Always confirm current rules, forms, and fees with official Rhode Island sources, and get legal help if anything in your situation feels unsafe, disputed, or unusually complex.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.