Grounds for Divorce in Rhode Island: No-Fault, Fault and Separation Requirements
Rhode Island has no-fault grounds, irreconcilable differences and three years living apart, and keeps eight fault or conduct grounds. Misconduct evidence is limited on a no-fault complaint but conduct remains a factor for alimony and property.
What are the grounds for divorce in Rhode Island?
Ten in all: irreconcilable differences, three years living apart and the eight additional causes in R.I. Gen. Laws 15-5-2.
| Ground | Section | What the statute says |
|---|---|---|
| Irreconcilable differences | 15-5-3.1 | Irremediable breakdown of the marriage, irrespective of fault |
| Three years apart | 15-5-3 | Lived separate and apart at least three years, voluntarily or involuntarily |
| Impotency | 15-5-2(1) | Cause listed |
| Adultery | 15-5-2(2) | Cause listed |
| Extreme cruelty | 15-5-2(3) | Cause listed |
| Willful desertion | 15-5-2(4) | Five years, or a shorter period in the court’s discretion |
| Continued drunkenness | 15-5-2(5) | Cause listed |
| Habitual drug use | 15-5-2(6) | Habitual, excessive and intemperate use of opium, morphine or chloral |
| Neglect to provide | 15-5-2(7) | A husband’s neglect and refusal for at least a year to provide necessaries despite ability |
| Other gross misbehavior | 15-5-2(8) | Gross misbehavior and wickedness repugnant to the marriage covenant |
Is Rhode Island a no-fault state?
It has no-fault grounds and keeps fault grounds. A divorce is decreed on irreconcilable differences irrespective of the fault of either party (15-5-3.1(a)).
Is there a separation requirement in Rhode Island?
Only for the three-year ground. Irreconcilable differences needs none. Use the Rhode Island divorce timeline calculator to see the filing date and the final judgment timing.
Can the court hear evidence of misconduct in Rhode Island?
On an irreconcilable differences complaint, allegations or evidence of specific acts of misconduct are improper and inadmissible, except for deciding alimony and property, where custody is in issue and the evidence shows parental custody would be detrimental to the child, or where needed to prove irreconcilable differences (15-5-3.1(b)).
Is desertion a ground in Rhode Island?
Yes: willful desertion for five years, or a shorter period at the court’s discretion (15-5-2(4)).
Does the three-year ground depend on who left in Rhode Island?
No. The allegation is that the parties have lived separate and apart for at least three years, whether voluntarily or involuntarily, and the court enters a decision pending entry of final judgment on finding it true (15-5-3(a)).
Are the neglect and drug grounds still used in Rhode Island?
They remain in the statute, but the neglect ground is written for a husband’s failure to provide for his wife (15-5-2(7)), so ask a licensed Rhode Island attorney how a court would apply it today.
Does fault matter to property and alimony in Rhode Island?
Conduct of the parties during the marriage is a listed factor for both alimony and the assignment of property, and wasteful dissipation is a property factor (15-5-16(b); 15-5-16.1(a)). See the Rhode Island property division calculator and the Rhode Island alimony calculator.
Does fault matter to the children in Rhode Island?
Evidence of past or present domestic violence must be considered, and where it is proven any visitation is arranged to protect the child and the abused parent, with safety and well-being as primary considerations (15-5-16(g)). See the Rhode Island parenting time calculator.
Can one spouse’s acts cancel the other’s in Rhode Island?
No. On an irreconcilable differences hearing, the acts of one party do not negate the acts of the other or bar the divorce decree (15-5-3.1(c)).
Frequently asked questions
What are the grounds for divorce in Rhode Island?
Irreconcilable differences, three years living apart and eight fault or conduct grounds.
Is Rhode Island a no-fault divorce state?
It has no-fault grounds and keeps fault grounds.
Is a separation period required for a Rhode Island divorce?
Only for the three-year ground.
Does adultery matter in a Rhode Island divorce?
It is a ground, and conduct during the marriage is a factor for alimony and property.
Can my spouse stop a Rhode Island divorce?
Not by pointing to the other spouse’s acts: they do not bar a decree on irreconcilable differences.
Official sources
- R.I. Gen. Laws 15-5-12: domicile and residence requirements
- R.I. Gen. Laws 15-5-13: venue
- R.I. Gen. Laws 15-5-22: trial required
- R.I. Gen. Laws 15-5-23: final judgment
- R.I. Gen. Laws 15-5-3: separation as a ground
- R.I. Gen. Laws 15-5-3.1: irreconcilable differences
- R.I. Gen. Laws 15-5-2: additional grounds
- R.I. Gen. Laws 15-5-16.1: assignment of property
- R.I. Gen. Laws 15-5-16: alimony; custody of children
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Rhode Island statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Rhode Island attorney.