There are two considerations when it comes to choosing where to file for divorce: where each spouse lives and which spouse will be requesting the divorce. If you are seeking a no-fault divorce on the grounds that you and your spouse have been living separate and apart for at least three years, at least one of you must meet Rhode Island residency requirements in order for the divorce to be legal.
Where to File a Divorce Complaint in Rhode Island
If you could potentially file in two different counties, it is a good idea to consult with a divorce attorney before you complete and serve the paperwork. Each county is allowed to make its own rules about how divorce cases are handled, and each jurisdiction will have its own backlog of cases that could mean longer wait times for you and your spouse. An experienced attorney can tell you if there are any advantages or disadvantages for filing in each county, as well as what to expect after you file.
As a Rhode Island resident, you could potentially file a divorce complaint in:
The county where you live.
Your home county is the county of your primary residence. If you have more than one residence, the court will consider your primary residence to be the address on your driver’s license and car registration.
The county where your spouse lives.
Your spouse may file for divorce in the county where he resides, if he meets this domicile requirement.
If your spouse meets the domicile requirement but you do not, you may file with the Family Court in Providence County. However, your spouse must actually be served with the Summons and Complaint for Divorce in order to meet jurisdictional requirements.
Do You Need To Speak To A Rhode Island Divorce Attorney?
If you are considering a divorce you need to speak with an experienced Rhode Island divorce attorney as soon as possible. Please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help divorce clients in Providence, Warwick and all areas of Rhode Island.