Mistakes to Avoid When Filing for Divorce in Rhode Island

Most Rhode Island divorce delays are not caused by disagreements between spouses. They are caused by paperwork errors, missed deadlines, and misunderstandings about the two-step finalization process. Every one of these mistakes is avoidable if you know where pro se filers typically go wrong.

Mistake 1: Filing in the Wrong County

Under R.I. Gen. Laws § 15-5-13, your complaint must be filed in the county where you, the plaintiff, reside. Not the county where you got married, not the county where your spouse lives, and not the county that is most convenient.

Rhode Island has four Family Court jurisdictions:

• Providence County (also covers Bristol County) — Garrahy Judicial Complex, Providence
• Kent County — Noel Judicial Complex, Warwick
• Washington County — McGrath Judicial Complex, Wakefield
• Newport County — Murray Judicial Complex, Newport

If the plaintiff lives out of state and is relying on the defendant's residency for jurisdiction, the complaint goes to Providence County or the defendant's county of residence.

Filing in the wrong county means a rejected filing and a fresh submission in the correct location. If you e-filed, you lose time in the review queue. If you filed in person, you lose the trip.

Mistake 2: Submitting a DR-6 Without Notarization

The Statement of Assets, Liabilities, Income, and Expenses (Form DR-6) must be signed in front of a notary public. A scan without the notary stamp and signature is an automatic rejection.

This sounds obvious, but it catches people who complete the form digitally, print it, sign it at home, scan it, and upload it — skipping the notary step entirely. Banks, UPS stores, and many libraries offer notary services, typically for $5 to $15 per document.

Mistake 3: Double-Counting Expenses on the DR-6

Page one of the DR-6 requires itemized payroll deductions: federal taxes, state taxes, FICA, health insurance, dental insurance, retirement contributions, union dues. Page two is for out-of-pocket expenses paid from your take-home pay.

The mistake: listing health insurance on page one as a payroll deduction and then listing it again on page two as an expense. The same applies to retirement contributions, dental insurance, and any other item already deducted from your paycheck. Double-counting inflates your expenses and understates your available income, which can lead the judge to question the entire form.

Mistake 4: Missing the 120-Day Service Deadline

You have 120 days from the date you file your complaint to serve the summons, complaint, and automatic orders on your spouse. If you miss this deadline, the court can dismiss your case.

Procrastination is the usual cause. Filers who are anxious about their spouse's reaction put off arranging service, and 120 days passes faster than expected. Sheriff and constable service can take one to three weeks to schedule and execute, so start the process early.

Mistake 5: Trying to Serve Your Spouse Yourself

Rhode Island law prohibits the plaintiff from personally serving divorce papers on the defendant. Service must be completed by a county sheriff, licensed constable, or a disinterested adult who is at least 18 and not a party to the case.

Handing the papers to your spouse at the kitchen table is not valid service. If you proceed to the nominal hearing on invalid service, the judge will not hear your case.

Mistake 6: Showing Up to the Nominal Hearing Without Witnesses

If your spouse does not attend the nominal hearing, you need proof of residency beyond your own testimony. The court requires either two live witnesses or one live witness plus an ex parte affidavit from a third party.

Discovering this requirement the morning of your hearing — when your witnesses are at work with no advance notice — means a continuance. Your case is delayed by weeks.

If both spouses attend and both testify to the residency requirement, the court typically waives the witness requirement. But do not assume your spouse will show up unless you have confirmed it.

Mistake 7: Believing the Divorce Is Final After the Nominal Hearing

This is the most consequential mistake on this list. When the judge grants your divorce at the nominal hearing, your marriage is not over. You still need to:

1. File the Decision Pending Entry of Final Judgment (DPEFJ) within 30 days.
2. Wait out the 90-day nisi period (or 20 days for three-year separation cases).
3. File the Final Judgment within 180 days after the nisi period expires.

Until the Final Judgment is signed by a judge and entered into the court record, you are still legally married. Remarrying during the nisi period is bigamy under Rhode Island law.

Mistake 8: Letting the Final Judgment Deadline Lapse

If more than 270 days pass from the date of your DPEFJ without a Final Judgment being entered, you cannot file it unilaterally. You need either:

• A written stipulation signed by both parties, or
• A Motion to Enter Final Judgment Out of Time, which requires a court hearing and proof of good cause for the delay.

People who made Mistake 7 — believing the divorce was already final — often run headlong into Mistake 8. They do not file the Final Judgment because they think they do not need to, and by the time they realize the error, the 270-day window has closed.

Mistake 9: Filing an Incomplete Settlement Agreement

The judge at the nominal hearing reviews your Marital Settlement Agreement in full. If any major issue is unresolved — a contested asset, an ambiguous custody arrangement, a missing alimony provision — the judge may decline to approve the agreement and push your case to the contested track.

An incomplete agreement does not mean "we will figure out the house later." It means your case may be reclassified, triggering discovery, case management conferences, and potentially a trial. Resolve everything before the hearing date.

Mistake 10: Violating Automatic Orders

The automatic orders under § 15-5-14.1 take effect the moment divorce papers are served. Moving money out of joint accounts, canceling insurance policies, or selling marital property without written agreement or court permission can result in contempt findings and an adverse ruling on property division.

Even well-intentioned actions can violate these orders. Refinancing the house to remove your spouse from the mortgage? That is a transfer requiring consent or a court order. Closing a joint credit card to stop your spouse from running up charges? That is a unilateral financial action that could be considered a violation.

The Rhode Island Divorce Filing Process Guide covers all of these pitfalls in sequence, with checklists and deadline trackers designed to prevent each mistake before it happens.

See more Rhode Island guides →