Uncontested Divorce in Rhode Island: How Custody Works on the Nominal Track
Uncontested Divorce in Rhode Island: How Custody Works on the Nominal Track
An uncontested divorce in Rhode Island — where both parents agree on custody, support, and property division — follows a streamlined path called the "nominal track." It's faster, cheaper, and far less stressful than a contested case. But it still has specific requirements that can trip up parents who assume agreement alone is enough.
The Nominal Track Timeline
When both parents agree on all terms, the Family Court schedules a nominal hearing roughly 65 to 75 days after the complaint is filed. This hearing is brief — typically 5 to 10 minutes. The judge confirms the terms of your settlement on the record and issues an oral decision approving the agreement.
But here's what catches many parents off guard: the divorce is not final after the nominal hearing.
Under R.I. Gen. Laws section 15-5-23, the case enters a mandatory 90-day "nisi" waiting period. During this interlocutory phase, the marriage remains legally intact and neither spouse can remarry. The legal dissolution only becomes absolute after the nisi period expires and the Final Judgment is formally filed.
The prevailing party must file a "Decision Pending Entry of Final Judgment" within 30 days of the hearing. If you miss this deadline, you'll need to file a motion to enter the final judgment out of time — an avoidable delay.
What You Need for the Nominal Hearing
Even on the nominal track, you must present a complete package:
A detailed parenting plan. Rhode Island does not provide an official template — you draft your own. Judges reject vague agreements that rely on "reasonable visitation at reasonable times." Your plan must specify the weekly schedule with exact days and transition times, holiday rotations, summer procedures, transportation responsibilities, and a dispute-resolution clause.
Completed DR-6 financial affidavits. Both parents must file current, notarized DR-6 forms (Statement of Assets, Liabilities, Income, and Expenses). These feed into the child support calculation.
DR-10 Child Support Guideline Worksheet. This shows the court how you calculated child support using Rhode Island's Income Shares Model. Both parents' adjusted gross incomes are combined and matched against the state's obligation schedule.
A signed stipulation. The written agreement covering all terms — custody, placement, support, and property division — signed by both parties.
How Custody Gets Decided When You Agree
In an uncontested case, the parents — not the judge — design the custody arrangement. The court's role is to verify that the agreement serves the child's best interests and that neither parent was coerced.
You'll decide three things:
Legal custody. Joint legal custody (shared decision-making on education, healthcare, and religious upbringing) is strongly favored for fit parents. Sole legal custody is reserved for documented abuse, abandonment, or severe unfitness.
Physical placement. Where the child lives primarily. One parent typically has primary placement, and the other has a schedule of parenting time. If both parents agree to shared placement (each with at least 179 overnights per year), the child support offset formula applies.
The parenting schedule. The specific days, times, and logistics of when the child is with each parent. Common schedules include alternating weekends with a midweek dinner, the 2-2-3 rotation for younger children, or alternating weeks for older children.
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Where Uncontested Cases Stall
Incomplete DR-6 forms. Blank lines, outdated income figures, or missing notarization can delay your hearing.
Vague parenting plans. A plan that says "parents will share holidays fairly" will be rejected. Specify which parent has Thanksgiving in even years, who has Christmas morning versus Christmas afternoon, and what happens during school breaks.
Missing the post-nisi paperwork deadline. After the nominal hearing, you have 30 days to file the Decision Pending Entry of Final Judgment. The Final Judgment itself must be entered within 180 days after the nisi period expires. Miss these windows and you'll need court motions to get back on track.
When Uncontested Becomes Contested
If you and the other parent agree on most terms but can't resolve one issue — say, the holiday schedule or who claims the child as a tax dependent — the case may be partially contested. The court can schedule mediation for the unresolved issues or refer the disputed matters to a judge while the agreed terms remain intact.
The Rhode Island Child Custody & Parenting Plan Guide walks through the entire nominal track process, from drafting your parenting plan to filing the post-nisi paperwork, with checklists for every stage.
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