Filing for divorce generally includes (1) filing the necessary paperwork with the appropriate state or county court; (2) paying the filing fee; and (3) having the paperwork properly served on (handed to) your spouse—known as service of process.

This paperwork generally consists of a complaint or petition that includes the names of the spouses, the grounds for the divorce (fault or no-fault), whether there are children involved in the marriage, and whether the spouse is seeking child custody, child support, or spousal support.

A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce. Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.

Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.

In Rhode Island, filing for divorce involves submitting the necessary documents to the family court in the county where either spouse resides. The initial paperwork typically includes a complaint for divorce, which outlines the basic information about the marriage, the grounds for divorce (Rhode Island allows for both fault and no-fault grounds), and any issues related to children, child custody, and support. To file for divorce in Rhode Island, at least one spouse must have been a resident of the state for a minimum of one year prior to filing. The filing spouse must also pay a filing fee. After filing, the documents must be properly served to the other spouse, which is known as 'service of process.' The service ensures that the other spouse is notified of the divorce action and has an opportunity to respond. The specific procedures and requirements for filing for divorce in Rhode Island are detailed in the state's General Laws, particularly in the sections pertaining to domestic relations.