How Do You File for Divorce in Rhode Island If You Have Kids and a House?

A question we often hear is: “I want to file for divorce in Rhode Island, with children and a home. What steps must I take, and what happens with custody and the house?”

Divorce Basics in Rhode Island

• Residency requirement

  • One spouse must live in Rhode Island for one year before filing.

• Grounds

  • Both no-fault (irreconcilable differences) and fault grounds are available.

• Where to file

  • File in the Family Court, in counties including Providence, Newport, and Warwick.

• Process overview

  • Petition → service → financial disclosures → temporary orders → settlement/mediation → trial if needed.

Do You Need a Lawyer to Get a Divorce in Rhode Island?

• Not required, but strongly advised if kids and a house are involved.

• How a lawyer/mediator helps

  • Drafting detailed parenting plans.

  • Handling division of home equity and mortgages.

  • Navigating spousal support and child support.

  • Ensuring fairness in financial disclosures.

How Much Does It Cost to Get a Divorce in Rhode Island?

• Court filing and service fees.

• Attorney and mediator fees.

• Appraisals or valuations for the home.

• Custody evaluations if disputes escalate.

What About the House & Property Division for Divorce in Rhode Island?

• Rhode Island uses equitable distribution.

• Factors considered:

  • Contributions of each spouse.

  • Length of the marriage.

  • Custodial needs of children.

  • Each spouse’s financial situation.

• Options include selling the home, awarding it to one spouse, or balancing with other assets.

Custody, Parenting Time & Child Support for Divorce in Rhode Island

• Custody is based on the best interests of the child.

• Courts consider stability, caregiving history, and ability to meet the child’s needs.

• Parenting time schedules prioritize stability and ongoing relationships.

• Child support is based on Rhode Island’s guidelines.

Things You Must Know About Getting Divorced in Rhode Island!

• Courts may award one spouse exclusive use of the home during proceedings.

• Mortgage, taxes, and maintenance are factored into orders.

• Custody and child support orders can be modified later.

• Contributions to the home, financial and non-financial, both count.

• Title on the home does not control division.

A Gentle Reminder About Divorce in Rhode Island

This post is for educational purposes only and is not legal advice. Divorce outcomes vary by county, from Providence to Newport to Warwick.

At Fresh Starts, you can search our Expert Guide by state to find Rhode Island-based attorneys, mediators, and child custody professionals who can support you.