Rhode Island Divorce When Your Spouse Won't Cooperate (2026)

If your spouse won't cooperate, file an individual Complaint for Divorce at the Rhode Island Family Court. Serve the Respondent and proceed to default if no appearance is filed.

Individual Complaint — Overview

1. File Complaint for Divorce at Family Court
2. Complete and file Financial Statement (required even in default cases)
3. Serve the Respondent
4. Respondent has 20 days to file an Appearance and Answer
5. If no Appearance/Answer: file Motion for Default; proceed to default hearing
6. If contested: discovery, hearings, potential trial

Service Options

Option 1 — Acceptance of Service

Ask your spouse to sign an Acceptance of Service. Fastest option.

Option 2 — Sheriff's Service

Service by the county sheriff or a constable. Cost: ~$25–$60. Return of Service filed with Family Court.

Option 3 — Process Server

Private process servers licensed in Rhode Island. Cost: ~$50–$125.

Option 4 — Publication

If you cannot locate your spouse after diligent effort:

1. File Motion for Service by Publication with supporting Affidavit
2. Family Court grants permission
3. Publish in a Rhode Island newspaper of general circulation
4. File Affidavit of Publication

After Service — 20-Day Response Deadline

The Respondent has 20 days after personal service to file an Appearance and Answer. File a Motion for Default if no response is received.

Default Process

1. File Motion for Default
2. Default entered
3. No waiting period in Rhode Island
4. Schedule default hearing
5. Present Financial Statement and testimony: irreconcilable differences (6+ months); marital property evidence
6. Judge enters Final Judgment of Divorce by default
7. Court equitably divides marital property based on your Financial Statement and evidence

Temporary Orders

During the case, file a Motion for Temporary Orders for:

• Temporary alimony
• Exclusive use of the marital home
• Temporary custody and child support (if children)
• Restraining order against dissipation of marital assets

Last reviewed: March 2026 | Individual Complaint + service | 20-day response deadline | Default after no response | Financial Statement required | No waiting period | Equitable distribution | Temporary orders available | Family Court — statewide | courts.ri.gov/Courts/FamilyCourt/Pages/Forms.aspx | rils.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.