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Legal Information: Rhode Island

Divorce

Updated: 
November 30, 2023

What are the grounds for divorce in Rhode Island?

Grounds are legally acceptable reasons for divorce. A judge can grant you a divorce if you and your spouse have irreconcilable differences that have caused an irreparable breakdown in your marriage. Granting a divorce based on irreconcilable differences means that a judge can issue a divorce decree without considering either your or your spouse’s fault for the end of the marriage and without considering any claims of misconduct.1

A judge can also grant you a divorce based on a fault-based ground instead of irreconcilable difference, which include if your spouse:

  • is impotent;
  • cheats on you (adultery);
  • treats you with extreme cruelty;
  • deserts you for five years or a shorter period of time as decided by the judge;
  • habitually and excessively uses opium, morphine, or chloral;
  • neglects you and refuses to provide for you despite being able to; or
  • engages in any other “gross misbehavior” or “wickedness” that violates the vows of marriage - for example, sexually inappropriate or immoral behavior.2

1 RI ST § 15-5-3.1
2 RI ST § 15-5-2