Uncontested Divorce in Rhode Island Step by Step

An uncontested divorce in Rhode Island means both spouses agree on every issue — property division, debt allocation, alimony, and (if applicable) custody and child support. Agreed cases go on the "nominal track," which is the fastest path through the Family Court. But even on the nominal track, Rhode Island's mandatory waiting periods and two-step finalization mean the process takes roughly six months from filing to final.

Here is the full sequence.

Step 1: Confirm Eligibility

You need two things before you can file. First, at least one spouse must have been a domiciled resident of Rhode Island for one continuous year. Second, you and your spouse must agree on every financial and custodial issue. If you agree on most things but not all, you may still be able to use mediation to resolve the differences and stay on the nominal track.

Step 2: Assemble the Filing Packet

The plaintiff (the spouse who files) prepares:

• Complaint for Divorce — states the grounds (typically irreconcilable differences) and the relief requested
• Form DR-6 — the notarized Statement of Assets, Liabilities, Income, and Expenses
• Certified copy of the marriage certificate
• Rhode Island Department of Health Divorce Record
• If minor children are involved: Form DR-10 (Child Support Guidelines), FC-59 (Statement Listing Children), and a UCCJEA Affidavit

You also draft the Marital Settlement Agreement — the written document that spells out exactly how you and your spouse have agreed to divide property, handle support, and arrange custody. This is what the judge will review at the nominal hearing.

Step 3: File and Pay

File in the Family Court of the county where the plaintiff lives. The e-filing cost is $180.75 ($160 filing fee + $17.50 processing fee + $3.25 technology surcharge). Credit card payments add a 3.25% convenience fee.

If you qualify for an In Forma Pauperis (IFP) fee waiver — automatic approval if you receive TANF, SSI, or SSDI — the court waives the filing fee and e-filing surcharges, and the sheriff serves your papers at no charge.

Step 4: Serve Your Spouse

Even in an uncontested divorce, the plaintiff must formally serve the summons and complaint on the defendant within 120 days of filing. You cannot serve the papers yourself.

The simplest option for cooperative spouses is a voluntary waiver of service. The plaintiff sends the defendant a Notice of Lawsuit and Request for Waiver of Service with two copies of the waiver form and a prepaid return envelope. The defendant signs and returns the waiver within 30 days. Once the executed waiver is filed, the case proceeds as if personal service was completed on the filing date, and the defendant has 60 days (instead of the standard 20) to file an Answer.

Step 5: Defendant Files an Answer

The defendant has 20 days after personal service to file a written Answer and their own Form DR-6 — or 60 days if they signed a waiver of service. In an uncontested case, the answer typically acknowledges the complaint and confirms agreement with the proposed terms.

Step 6: Attend the Nominal Hearing

The court schedules the nominal hearing roughly 65 to 75 days after the complaint is filed. At the hearing:

• The plaintiff testifies about residency and the breakdown of the marriage
• The judge reviews the Marital Settlement Agreement, the DR-6 forms, and any child-related plans
• If the judge is satisfied, they grant the divorce with an oral decision

Witness requirements: If both spouses attend and testify under oath that the residency requirement is met, the court generally waives the need for outside witnesses. If only the plaintiff appears, you must bring two corroborating witnesses — or one witness and a signed ex parte affidavit of residency obtained from the clerk's office.

Step 7: File the DPEFJ

Within 30 days of the hearing decision, the prevailing party files the Decision Pending Entry of Final Judgment (DPEFJ). This document formally records the judge's decision but does not dissolve the marriage. The court's Guide and File portal on courts.ri.gov can generate this form for you.

Step 8: Wait Out the Nisi Period

The DPEFJ triggers a mandatory 90-day nisi waiting period (or 20 days if the divorce was granted on the three-year separation ground). During nisi, you remain legally married.

Step 9: File the Final Judgment

After the nisi period expires, file the Final Judgment form. Once the judge signs it and it is entered into the court record, the divorce is final. You must file within 180 days of the nisi expiration. If you miss the 270-day window from the DPEFJ date (200 days in three-year-separation cases), you will need both parties' written consent or a court motion to file late.

Timeline Summary

For a standard uncontested divorce on irreconcilable differences:

The Rhode Island Divorce Filing Process Guide includes checklists for each step, a DR-6 walkthrough, hearing preparation guides, and a finalization timeline tracker to keep the entire nominal-track process on schedule.

See more Rhode Island guides →