I was married and last lived in Rhode Island with my spouse but do not live in Rhode Island now, can I get divorced in Rhode Island?

While marriage laws are based on where the parties are at the time of marriage, divorce is based on where the parties live at the time of divorce. The answer to this question depends on whether your spouse still lives in Rhode Island. So long as your Spouse has lived in Rhode Island, continuously for one year immediately prior to the filing of your Complaint for Divorce, you are all set.

To file for divorce in the state of Rhode Island, one of the following must apply:

  • You have lived in the state for a year,
  • Your Spouse has live in Rhode Island for at least one year.

You should be aware that whatever court handles the initial divorce may not have jurisdiction over issues such as child custody, child support, and any amendments to these arrangements. Jurisdiction over Child custody is determined by the Uniform Child Custody Jurisdiction Enforcement Act, which generally requires that issues related to the child be resolved in the State where the child has resided for the last 6 months.

Make sure to consult with a knowledgeable attorney before taking any action to avoid any filing issues. Contact our office to have your questions answered today.