Rhode Island Default Divorce

When your spouse is served with divorce papers in Rhode Island and does not file an Answer within 20 days, you can pursue a default judgment. A default divorce lets the case proceed without the defendant's participation — but it does not skip the hearing, the witness requirements, or the two-step finalization process. It simply means the court can grant the divorce based on the plaintiff's evidence alone.

Here is how the default path works step by step.

The 20-Day Response Window

After your spouse is served with the summons, complaint, and automatic orders, they have exactly 20 days (excluding the day of service) to file a written Answer with the Family Court and serve a copy on you. They also must file their own Form DR-6 financial disclosure.

If 20 days pass with no response, the defendant is in default. You can then move forward by requesting a default judgment.

How to Request a Default

The plaintiff files a motion or request for default with the Family Court clerk, documenting that proper service was completed and the defendant failed to respond within the statutory deadline. The court may schedule a hearing on the default motion, or in some cases the clerk can enter the default administratively.

Default does not mean automatic approval of everything the plaintiff asks for. The court still reviews the complaint, the proposed terms, and the financial disclosures before granting a divorce. The judge retains full authority to modify requested relief — including property division, alimony, and custody — based on what is equitable under the circumstances.

The Default Hearing and Witness Requirements

Even in a default case, the plaintiff must attend a hearing and present testimony establishing:

1. Jurisdiction — proof that the one-year residency requirement has been met
2. Grounds — testimony about the breakdown of the marriage (irreconcilable differences, fault, or three-year separation)
3. Terms — the proposed property division, alimony, custody, and support arrangements

Because the defendant is not present to corroborate the plaintiff's residency, the court enforces strict witness requirements. The plaintiff must bring:

• Two live witnesses who can testify under oath that the plaintiff has been a domiciled resident of Rhode Island for at least one year, or
• One live witness plus an ex parte affidavit of residency signed by a second person (obtainable from the clerk's office)

Failing to bring adequate witnesses is the most common reason default hearings get postponed. Line up your witnesses well before the hearing date. Suitable witnesses include neighbors, coworkers, landlords, or family members — anyone who can truthfully confirm where you have been living.

What the Court Decides in a Default

In a default divorce, the judge considers the plaintiff's evidence and the proposed Marital Settlement Agreement (if one was filed). Without the defendant's input, the court still evaluates fairness under Rhode Island's equitable distribution framework. The twelve statutory factors under R.I. Gen. Laws § 15-5-16.1 still apply.

If you have children, the court still determines custody and child support based on the children's best interests, not simply the plaintiff's preferences. The judge may order terms different from what the plaintiff requested if the evidence does not support the proposed arrangement.

After the Default Hearing

Assuming the judge grants the divorce, the same two-step finalization process applies:

1. DPEFJ — File the Decision Pending Entry of Final Judgment within 30 days of the hearing decision
2. Nisi period — Wait 90 days (or 20 days for the three-year separation ground)
3. Final Judgment — File the Final Judgment after the nisi period expires, within 180 days of the nisi expiration

The default path does not shorten these timelines. The nisi waiting period is a statutory mandate that applies to all Rhode Island divorces regardless of whether the case was contested, uncontested, or decided by default.

When Default Is Not the Right Path

Default works when a spouse is unresponsive, has disappeared, or simply chooses not to participate. It does not work well when a spouse is actively hostile, hiding assets, or threatening to contest custody. An unresponsive spouse who later appears and contests the default can potentially have it set aside by showing good cause for the failure to respond within 20 days.

If your spouse cannot be located at all, you will need to pursue alternative service (service by publication or by mail) before you can move for default. Alternative service requires filing a Motion for Alternative Service with an Affidavit of Diligent Search documenting your efforts to find them.

For a complete walkthrough of the default divorce process — including witness preparation, hearing testimony, and the finalization sequence — the Rhode Island Divorce Filing Process Guide covers every step from filing through the Final Judgment entry.

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