Following the United States Supreme Court’s decision in Obergefell v. Hodges, 576 U.S. 644 (2015), there is no real difference in the divorce process for same-sex couples and opposite-sex couples. But same-sex couples may encounter some additional complications in the divorce process regarding issues such as child custody if, for example, one of the same-sex spouses was the biological mother and the biological father did not agree in writing to terminate his parental rights, and later seeks custody of the child.

In Rhode Island, following the Supreme Court's decision in Obergefell v. Hodges, same-sex couples have the same rights and processes for divorce as opposite-sex couples. This means that the legal procedures, grounds for divorce, and the division of assets follow the same laws and regulations. However, same-sex couples may face additional challenges, particularly concerning child custody issues. If a child was born to one spouse during the marriage, and the other spouse is not a biological parent who did not legally adopt the child or the biological father did not relinquish his parental rights, the non-biological parent may face difficulties in asserting custody rights. Rhode Island law will consider the best interests of the child in custody cases, but the legal relationship between the non-biological parent and the child will be a significant factor. It is advisable for non-biological parents to secure legal parentage through adoption or other legal means to strengthen their custody claims in the event of a divorce.