Rhode Island Divorce Records
Divorce in Rhode Island is conducted when a married couple legally separates following significant marital discord. It is done for formal separation so the parties return to their initial single designations. Rhode Island is a mixed divorce state, which allows spouses to divorce for irreconcilable differences but also accepts fault-based grounds. Individuals divorce if there is cruel treatment, infidelity, or desertion, among other things.
Divorce records are available to any interested party following the Rhode Island Access to Public Records Act. The statute maintains that all public records are open for use, with the exception of those restricted by law. Rhode Island experiences a lower-than-average rate, at 2.4 per 1000 residents. This is the same as the national average in 2022.
What are Divorce Records?
Rhode Island divorce records are complete case files indicating the formal separation process for a married couple. They are multi-document records that include the various steps taken up until the end of the divorce case. These records include the filing documentation, summons, witness statements, evidence provided, orders, and decrees. Typically, divorce records serve different purposes for the parties involved. They can be used to verify whether a person is legally single, especially if they want to remarry.
Rhode Island divorce records are initiated when the courts file the final decree, including the documentation generated. These files include child custody arrangements, spousal support or alimony, asset division, debt division agreements, and other court documents. Unlike other states, though, getting divorce records from the Vital Statistics Offices in the state is impossible. That said, parties may obtain the following information from the Clerk’s Offices.
- Names and addresses of the parties of the divorce
- The date of the divorce decree and certificate
- Grounds for the divorce
- Date of the marriage ceremony
- The settlement agreement which includes; property division, child custody, and spousal support
- The court in which the case was filed
Are Divorce Records Public in Rhode Island?
Divorce records in Rhode Island are open to the public by the Access to Public Records Act. This allows citizens to copy and verify public records from local government agencies. That said, certain details may be considered private or confidential information. For example, financial affidavits, domestic abuse testimonies, and details may not be accessible to all parties. The same goes for sealed records and protective or restraining orders for the welfare of the petitioning party.
Divorce Stats and Rates in Georgia
According to the Center for Disease Control, Rhode Island recorded one of the lowest trends regarding the number of divorces in 2022, at 2.4 per 1,000 residents. This is a reduction from the rate 30 years earlier, which was 3.7 per 1,000. It is also the same as the national average, albeit low at the state level.
In the state, the median duration for marriage before divorce is 8 to 12 years, though the average age at the point of divorce has been increasing. That means many residents are divorcing later in life than in earlier years. This could be attributed to people getting married later in life. The average age of people getting married in the state is 29.3, so the average age at the time of divorce is 37 to 42. Social factors including changing ideals may have also affected the rate of divorce in the state.
Grounds for Divorce in Georgia
Rhode Island is both a no-fault and fault-based grounds state. That is according to Title 15 of the State’s General Laws. So, individuals may file a complaint of divorce against their partner based on irreconcilable differences. However, there are several other permissible grounds for divorce in Rhode Island, including the following:
- Infidelity
- Incurable mental illness
- Desertion
- Conviction and prison sentence for more than one year
- Impotence
- Mental incapacity
- Frequent or habitual intoxication with alcohol or illicit drugs
- Cruel treatment
- Coercion or fraudulent actions to make one of the spouses agree to the marriage
How to File for Divorce in Rhode Island
The first thing that individuals desiring to file for divorce in Rhode Island should do is to ensure they meet the requirements for the case. Either the petitioner or their spouse must be a state resident for at least one year. They have to be domiciled in Rhode Island, which means it is their main residence. If only the defendant meets the criteria for residency, they have to be served with the Summons and Complaint for Divorce.
The petitioner will also prepare the other necessary forms. One is the Family Court Cover Sheet, which provides the state with basic information about the parties in the divorce. The petitioner will also submit a statement of assets, liabilities, income, and expenditures. The majority of the required forms will be available to the Family Court Clerk’s Office, which may also be referred to as the Domestic Relations Division of the Superior Courts. This is in the county where the petitioner is filing for the divorce or where the defendant lives, provided they meet the residency requirements. Forms are also available on the State’s Judiciary website, though it would be advisable to check with the Clerk to determine if all of the forms are present following their requirements.
Filing the paperwork at the courthouse may cost the petitioner an estimated $250. However, if they cannot afford this at the time, the courts may determine to waive the filing fee. This depends on the income level of the requester. When the paperwork has been filed, the petitioner will notify their spouse of their intent to divorce by serving them divorce papers. That is everything that was filed with the District Court. There are various ways to do this. In an amicable setting, the initiator can hand the spouse the papers to sign or send them to them via mail, especially if one lives out of state. Alternatively, a petitioner can pay a Sheriff to have them deliver the papers to them.
Depending on the circumstances, both parties may attend court hearings to establish temporary orders on child custody or support. If both agree on the set terms, a final hearing can be set to make the decision. At the final hearing, the judge will provide a final judgment, which is the divorce decree. In Rhode Island, the divorce decree becomes final after a three-month waiting period.
Rhode Island Divorce Decree
Rhode Island divorce decrees are final judgments that the magistrate or judge sets at the final hearing. This document declares the finalization of the divorce and contains the terms arrived at by the spouses or decided by the judge. In contested divorces, the courts make a decree on alimony, division of assets, and debts depending on the ability of the spouses. The contents of the divorce decree are typically binding on the parties involved so the sheriff’s department can enforce them, as is the case when individuals default on spousal or child support.
How to Find and Access Rhode Island Divorce Records
Rhode Island divorce records are mainly accessible through the Clerk of the Courts, where the case was heard and finalized. Unlike other states, the Departments of Vital Records does not provide access to these records, even for indexing purposes. Interested parties can find divorce records in person, via mail, and online.
Offline Access
Find the Family Court where the divorce was heard and finalized. This may be one of four options in the state, including Providence, Kent, Newport, and Washington County Family Courts. The next step is to go to the Family Court in the county where the divorce was finalized and visit the Clerk’s Office. Have the necessary documentation for verification, including a government-issued ID and the details of the party. Their names, date of divorce, and case number should suffice.
In many cases, their office will supply the records upon request, but it may take time to source them in other instances. Regardless, the Clerk will instruct on collecting the records or mailing them to the appropriate address. The cost of each request will depend on the county.
Mail Access
Identify the court where the divorce was heard and finalized, and mail a request to the Clerk’s Office. The request should have the names of both parties, case numbers, the requester's details, and a specification on whether the request is for certified or uncertified records. The mailed request should have a self-addressed stamped envelope so the court can send it back to the requester.
Online Access
Though Rhode Island does not provide access to divorce records on its Judiciary websites or Vital Records platforms, interested parties can visit the courthouse and use their computers to search for divorce cases. Alternatively, third-party platforms allow requesters to view divorce records as well.
References:
- https://sheriffs.ri.gov/services-location-contact-us
- https://www.courts.ri.gov/programs-services/Pages/Policies-and-Procedures.aspx
- https://www.courts.ri.gov/Courts/FamilyCourt/Pages/default.aspx
- https://www.courts.ri.gov/Forms/Complaint%20for%20Divorce%20or%20Divorce%20From%20Bed%20and%20Board.pdf
- https://webserver.rilin.state.ri.us/Statutes/TITLE15/15-5/15-5-16.htm
- https://www.bgsu.edu/ncfmr/resources/data/family-profiles/payne-median-age-first-marriage-geo-fp-19-07.html
- https://www.cdc.gov/nchs/pressroom/states/rhodeisland/ri.ht