Are Divorce Records Available to the Public in Rhode Island?
Divorce records in Rhode Island are public records. This means that anyone can request to inspect and copy divorce records in the state as long as they are not sealed. However, Rhode Island only provides plain copies of divorce records to the public. Certified copies can only be provided to the parties named on the divorce records, their legal representatives, and immediate family members.
Similarly, some divorce records are removed from the public domain in Rhode Island. Parts of these records that identify minors and victims of domestic abuse are made confidential. Documents containing sensitive and personal information, such as financial statements and social security numbers, are also not accessible to the general public.
The parties involved in a divorce can also ask the court to seal all or part of their divorce records. For this motion to be successful, they must convince a judge that the potential harm of making the records public outweighs the need to keep court records public. Like certified copies of divorce records, sealed records are also only accessible by the individuals named on those records and their legal representatives. However, a third party with a valid court order authorizing access to those specific records can view and make copies of sealed divorce records in Rhode Island.
Understanding Rhode Island Divorce Records
A divorce record is the complete case file of a divorce. This multi-document record provides details of every step taken before, during, and at the end of the divorce case. A divorce case record includes the final decree as well as motions, orders, summons, reports, evidence, witness statements, assessments, and transcripts of court proceedings. It is uncommon for a divorced individual to request this record. However, the complete case file of a divorce is required should one party decide to appeal the court’s decisions as spelled out in the divorce decree.
How to Obtain Rhode Island Divorce Court Records
To request copies of a Rhode Island divorce record, submit a completed Divorce Record request form. Provide the following details to help the Clerk’s Office quickly find and retrieve the records:
- Names of the persons named in the record
- Where and when the divorce was finalized
Alternatively, requesters can also contact Rhode Island’s statewide Family Court or its county clerk offices to request copies of divorce court records. To make this inquiry, find the phone number of the relevant office in the Rhode Island Family Court Directory.
Government public record search portals and third-party public record websites both may provide court records search tools, which can help find divorce records, though record availability usually varies widely. However, in some instances, records may simply not be available through either source.
Understanding Rhode Island Divorce Certificates
A divorce certificate is a vital record serving as proof of the dissolution of a marriage. This document includes the names of the divorced individuals as well as when and where the divorce was finalized. Where available, divorce certificates are provided by the Vital Records divisions of Health Departments.
There are generally two types of divorce certificates: certified and plain ones. Certified copies have raised seals and are legal documents that divorced individuals can use for tax, insurance, immigration, and other official purposes. These copies are only available to the individuals named on the records, their immediate family members, and legal representatives. Plain copies are informational documents and are not accepted when verifying the marital status of the persons named on them.
Understanding Rhode Island Divorce Decrees
A divorce decree refers to the final judgment of a court at the end of a divorce proceeding. This document establishes the finalization of the divorce and contains details of the terms of the dissolution of the union. It contains the rights and obligations of both parties in a divorce with respect to child and spousal support, child custody and visitation rights, and asset division. This document is signed by the presiding judge, and its contents are binding on the two parties involved in the divorce.
How to Find Out if Someone is Divorced in Rhode Island.
To find out if someone is married, one can access records online, via mail, or in person. Individuals seeking records can request a record of divorce from the state’s courthouse within working hours.
Court Administrator
Supreme Court
250 Benefit St
Providence, RI 02903
Phone: (401) 222-3266
Fax: (401) 222-4224
Those permitted by law can obtain Rhode Island divorce records by querying the office of the Clerk of Family Court in the judicial district where the divorce decree was granted.
Note that records are not readily accessible to the public from the court. Third-party sites are a better source, one can access and view records instantly. Details about a divorce record are only accessible to the parties involved.
How to Find Public Divorce Records Online
Individuals seeking to find public divorce records online can visit any of the family courthouses to use a computer within the courthouse to search divorce cases. Persons seeking records can also visit any third-party sites offering this service.
Does Rhode Island Recognize Common-Law Marriage?
Common-law marriages created in Rhode Island are considered valid. Unlike some states, Rhode Island does not see cohabitation as a major determining factor for the validity of the common-law marriage. Instead, a couple in Rhode Island can identify as a common-law couple if:
- They show an intent to have a husband-wife relationship
- They are not in any other marriage
- Their behaviors lead friends, family, and their community to believe in their marital status.
Common law marriages in Rhode Island allow couples to enjoy inheritance rights and equality in property division, among others. However, the future of common law marriage remains bleak in Rhode Island.
Dissolution of Marriage Records in Rhode Island
A Marriage in Rhode Island is said to be officially dissolved when the court issues a final judgment and decree of dissolution. A dissolution of marriage records contains the judge's decision regarding all issues surrounding the event that preceded the case. Please note that details are only accessible to the parties directly involved in the case and those who can have access by the law. A dissolution of marriage is the legal process of ending a marriage contract. This process is usually organized by a court of law in the state in which one or both of the spouses live.
The grounds for divorce in Rhode Island include:
- Irreconcilable differences,
- Living separately and apart for three years,
- Impotency, Adultery, Extreme Cruelty, Willful Desertion For Five Years (or at the discretion of the court)
- Habitual Drunkenness,
- Drug use, neglect, and refusal of support
Rhode Island is also a no-fault divorce state. This means that a fault ground is not required to obtain a divorce in Rhode Island.
A dissolution of marriage record contains information such as the name of the spouses, their date of birth, and the dissolution of the marriage decree. The marriage dissolution process is no different from a divorce process in Rhode Island.
How to Find Dissolution of Marriage Records in Rhode Island
Those seeking to find the dissolution of marriage records in Rhode Island can check the database maintained by the judicial system in Rhode Island. One can also check a third-party database to access records. Records can also be requested via mail or in person at Family Court. Individuals seeking records can send a mail to request records or visit the courthouse where the divorce was granted to search through records of dissolution of marriage in Rhode Island. One would need to know the case number, the name of the spouse, or the date of the divorce.
How to Get Divorce Papers in Rhode Island.
Divorce papers can be accessed on the website of the judicial system of Rhode Island forms. Persons in need of divorce papers in Rhode Island can also contact the local court clerk to get a list of all the forms needed to be filled. One can make inquiries from the clerk, who can give guidance in regards to how to file one’s paperwork either online, in person, or by mail. A petitioner can also visit the court in person or use the Family Court's Virtual Clerk Help Desk. In addition, one can make use of a third-party website that provides this service.
How to Find Divorce Papers Online
Divorce papers can be accessed on the website of the judicial system of Rhode Island forms or from third-party sites that provide this service.
