Before & During Divorce
Do’s
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Know the legal requirements:
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One spouse must have lived in Rhode Island for at least one year to file. This residency can also be satisfied by the Defendant’s residency.
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Typical waiting periods after the nominal hearing, before finalizing the divorce: 3 months for all divorces except living separate and apart for a space of 3 years ; 21 days after decision pending entry entered by Court if separated for 3+ years;
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Gather and disclose financial information truthfully:
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Rhode Island uses equitable distribution—fair, but not necessarily equal—based on factors like length of marriage, contributions, and misconduct and other factors.
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Alimony may be awarded based on many factors including age, disability, ability to work, and needs.
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Consider mediation:
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Uncontested divorces go faster and cost less. Mediation is often available for free in RI and is usually cheaper than litigation.
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Handle forms diligently:
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For self-representation (Pro Se), be precise—fill out every applicable form (e.g. DR‑6 financial statement), mark “N/A” if needed, and avoid leaving blank spaces.
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Don’ts
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Don’t ignore disclosure rules:
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Failing to fully disclose assets—or being “creative” with valuation—can result in legal repercussions.
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May not be best to stay in high-conflict shared home:
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Continuing to live together when tensions are high can undermine negotiations and make the process more painful. However, if custody of children is at issue moving out can be highly detrimental before the matter is resolved. In some cases, it is not financially feasible for one party to move out. Consult a RI divorce lawyer about whether it is best for you to move out of a shared marital home.
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Don’t represent yourself in complex custody or contested cases unless confident:
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While possible, Pro Se representation in such cases is risky. Mistakes can be costly, and judges expect familiarity with legal norms.
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After Divorce Finalization
Do’s
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Stick to respectful conduct—especially around children:
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Be cautious online—judges view public posts about family law matters unfavorably.
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Never speak poorly of your ex in front of children—they shouldn’t feel they must take sides.
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Submit modification petitions promptly if circumstances change:
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Support orders (like child support) are only retroactively adjustable from the date you file.
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Don’ts
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Don’t disrespect court or staff:
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Show proper court decorum—dress appropriately, avoid interruptions, and treat all court personnel with respect.
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Don’t use illegal substances during custody disputes:
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Being subject to drug testing, use of illegal substances can seriously harm your case. Marijuana is no longer taken seriously in Family Court in Rhode island
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