What Happens After Filing for Divorce in Rhode Island

You filed your complaint, paid the $180.75 e-filing fee, and now you are staring at a case number wondering what comes next. The Rhode Island divorce process has a clear sequence after filing, but it involves several strict deadlines that the court will not remind you about. Miss one and your case stalls. Miss the wrong one and you may need a court motion to get back on track.

Here is the exact post-filing sequence.

Step 1: Get the Summons (Immediate)

After the Family Court clerk accepts your filing, the court issues an official summons. If you e-filed, the summons is available for download through the EFileRI portal. If you filed in person, the clerk hands it to you at the window.

The summons is part of the service package you must deliver to your spouse. It formally notifies them that a divorce action has been filed and provides instructions on how to respond.

Step 2: Serve Your Spouse (Within 120 Days)

You have exactly 120 days from the date you filed the complaint to serve the summons, complaint, and automatic orders on your spouse. You cannot serve the papers yourself — Rhode Island law requires service by a county sheriff, licensed constable, or any disinterested adult who is at least 18 years old and not a party to the case.

Service options and typical costs:

• County sheriff: $30–$50 depending on the county.
• Licensed constable: $50–$100, often with faster turnaround.
• Disinterested adult: Free, but that person must complete and notarize a Proof of Service affidavit.
• Waiver of service: Your spouse can voluntarily accept the papers. They sign a waiver form and return it within 30 days, avoiding process server fees entirely.

If you cannot locate your spouse after diligent searching, you can file a Motion for Alternative Service — but this requires an Affidavit of Diligent Search documenting your efforts. The court may then authorize service by publication in a newspaper or by first-class mail.

Step 3: Wait for the Response (20 Days After Service)

After being served, your spouse has 20 days to file a written Answer with the court and serve a copy on you. They must also file their own DR-6 financial disclosure form.

Three things can happen during this window:

Your spouse files an answer agreeing to everything. The case stays on the nominal (uncontested) track. The court schedules the nominal hearing.

Your spouse files a contested answer. If the answer disputes any issue — property, custody, support — the case moves to the contested track. This triggers a longer process involving discovery, case management conferences, and potentially trial.

Your spouse does not respond. If 20 days pass with no answer, you can file a Motion for Default. A default divorce has its own set of requirements, including stricter witness rules at the hearing.

Step 4: The Nominal Hearing (65–75 Days After Filing)

For uncontested cases, the Family Court schedules a nominal hearing approximately 65 to 75 days after you file. This is your one court appearance.

At the hearing, you testify about your residency and the breakdown of the marriage. If your spouse attends, the court typically waives the corroborating witness requirement. If they do not attend, you need two witnesses or one witness plus an affidavit to verify your residency.

The judge reviews your Marital Settlement Agreement and, if satisfied, grants the divorce from the bench.

Step 5: File the DPEFJ (Within 30 Days of the Hearing)

After the judge grants your divorce at the nominal hearing, you must draft and file the Decision Pending Entry of Final Judgment (DPEFJ) within 30 days. This document formalizes the judge's oral decision. It must include the warning: "This is NOT a final judgment of divorce. The parties remain legally married until entry by this court of a final judgment."

The court's "Guide and File" online portal can help you generate this document if you are doing it yourself.

Step 6: The Nisi Waiting Period (90 or 20 Days)

Filing the DPEFJ starts the mandatory nisi waiting period:

• 90 days for divorces based on irreconcilable differences or fault grounds.
• 20 days for divorces based on three-year separation.

During this period, you are still legally married. You cannot remarry. All temporary orders — custody, support, automatic orders — remain in effect. The nisi period cannot be shortened or waived.

Step 7: File the Final Judgment (Within 180 Days After Nisi Expires)

After the nisi period ends, you file the Final Judgment with the court clerk. This is the document that legally dissolves your marriage. Once a judge signs it and it is entered into the court record, your divorce is final and you are free to remarry immediately.

The final judgment must be filed within 180 days after the nisi period expires. If more than 270 days pass from the DPEFJ date without a final judgment, you will need either a signed stipulation from both parties or a Motion to Enter Final Judgment Out of Time.

The Complete Timeline at a Glance

For an uncontested divorce on irreconcilable differences, the fastest realistic timeline from filing to final judgment is about five to six months.

The Rhode Island Divorce Filing Process Guide includes a deadline tracker that calculates every date in this sequence from your actual filing date, so you do not have to count days manually.

See more Rhode Island guides →