10 Rhode Island Divorce Mistakes to Avoid (2026)

Mistake #1 — Skipping the Financial Statement

The Financial Statement is mandatory in every Rhode Island divorce — even agreed cases with no disputes. Family Court will not finalize the divorce without both parties' Financial Statements on file.

Fix: Both parties complete their own Financial Statement (courts.ri.gov/Courts/FamilyCourt/Pages/Forms.aspx) as part of the initial filing package.

Mistake #2 — Not Knowing the 6-Month Exception to Residency

Many Rhode Island residents (and attorneys in other states) don't know about the 6-month residency exception: if you were married in Rhode Island, you only need 6 months of Rhode Island residency before you can file — not 1 year.

Fix: If you were married in Rhode Island and have been a resident for 6 months, you can file now.

Mistake #3 — Filing the Deed at the County Recorder

Rhode Island does not use a county-level recorder for real property records. Property records are kept by the city or town through its Land Evidence Records office.

Fix: After the Final Judgment, record all Quitclaim Deeds at the Land Evidence Records office of the city or town where the property is located.

Mistake #4 — No Refinancing Deadline for the House

If one spouse keeps the house, the other remains on the mortgage until refinancing. Without a deadline, there is no enforcement mechanism.

Fix: Include a specific refinancing deadline (90–180 days) and a fallback sale provision in the Property Settlement Agreement.

Mistake #5 — Skipping the QDRO

The Final Judgment does not automatically transfer employer retirement benefits. A separate QDRO is required.

Fix: After the Final Judgment, work with a QDRO specialist for private plans. For ERSRI (Rhode Island state employees), contact ersri.org for domestic relations order procedures.

Mistake #6 — Not Stating the 6-Month Duration of Irreconcilable Differences

Rhode Island requires that the irreconcilable differences have existed for at least 6 months. Omitting this allegation from the Complaint can cause procedural delays.

Fix: In the Complaint, explicitly allege that irreconcilable differences have existed for at least 6 months and have caused the irremediable breakdown of the marriage.

Mistake #7 — Commingling Separate Property

Depositing an inheritance into a joint account or using pre-marital savings for marital expenses without documentation can convert separate property to marital property.

Fix: Keep separate property in dedicated accounts. Document all separate assets with records showing their origin. Include explicit separate property acknowledgment in the Property Settlement Agreement.

Mistake #8 — Assuming Family Court Is a "County Court"

Rhode Island has a single statewide Family Court — not multiple county-level family courts. All divorce filings go through this one system.

Fix: File at the Rhode Island Family Court (main location in Providence). All divorce matters in the state flow through this unified court system.

Mistake #9 — Not Addressing All Marital Debts

Creditors are not bound by your Property Settlement Agreement. If your ex defaults on a joint debt assigned to them, the creditor can still pursue you.

Fix: List every marital debt in the PSA with creditor, account number, balance, assignment, and indemnification language. Where possible, refinance joint debts into the responsible party's name.

Mistake #10 — Not Updating Beneficiary Designations

The Final Judgment does not automatically change beneficiary designations on life insurance, retirement accounts, or payable-on-death accounts.

Fix: Update all beneficiary designations immediately after the Final Judgment.

Last reviewed: March 2026 | Financial Statement required — all cases | 6-month exception for married-in-RI | RI Land Evidence Records — CITY/TOWN level | Refinancing deadline | QDRO required | ERSRI DRO | "Irreconcilable differences" must allege 6+ months | 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.