Understanding Marriage Annulment in Rhode Island

An annulment is a legal process to declare a marriage invalid. Rhode Island does not have a statutory annulment procedure, unlike many states. Instead, courts in Rhode Island have the power to declare marriages void or voidable and treat them as if they never happened, as one of the legal ways to end marital relationships in the state. Although it is not explicitly referred to as an annulment, it serves the same purpose.

R.I. Gen. Laws § 15-5-1 states that divorces from the bonds of marriage shall be decreed in cases of any unions which are found to be originally void, or voidable by law. Chapter 5 of the domestic relations section of the general laws covers divorce and separations, and provides grounds for voiding marriages. These include bigamy, incest, and mental incapacity at the time of the marriage in question. Voiding a marriage (and any associated record) or declaring it “void ab initio” is different from divorce in that, while divorces terminate legal/valid marriages, it declares that the union never existed.

This type of procedure is designed to provide a legal remedy to individuals who discover that their marriage was flawed from the beginning. People may also pursue annulment instead of divorce for personal or record-keeping reasons, as when a marriage is voided, it does not appear as a divorce.

Grounds for Annulment in Rhode Island

The grounds for void and voidable marriages in Rhode Island are detailed in the following section:

• Under R.I. Gen. Laws § 15-1-2 and § 15-1-3, marrying kindred by blood is forbidden, and such incestuous marriages are null and void.
• Under R.I. Gen. Laws § 15-1-5 (1), bigamous marriages where one spouse is already party to another marriage are void and prohibited.
• Under R.I. Gen. Laws § 15-1-5 (2), any marriage where either of the parties is mentally incompetent at the time of the marriage shall be absolutely void,

Although Rhode Island does not have a separate set of laws for voidable marriages, the courts recognize that a marriage may be set aside when there is a major defect at the time of consent or capacity. Examples of grounds that make a marriage voidable include the following:

• A marriage may be voidable in court if one spouse was forced, threatened, or coerced into the marriage.
• If consent to the marriage was obtained by fraud or significant deceit, such as misrepresentation of intentions or identity, the court may void the marriage.
• The inability or refusal to consummate the marriage, whether intentional or a result of a medical condition such as impotence, can be used as grounds to void the marriage.
• If a spouse could not consent to the marriage either mentally or legally, due to factors such as age, intoxication, or illness, the court may find grounds to void the marriage.

As these grounds are voidable, not automatically void, legal proceedings in the courts will be required to annul such marriages.

Eligibility Requirements for an Annulment in Rhode Island

The eligibility requirements for an annulment in Rhode Island depend on whether the marriage is void or voidable, as well as under what conditions. Typically, as Rhode Island does not have separate annulment statutes, the action happens within divorce proceedings and is governed by the general divorce statutes.

Either spouse may initiate an annulment by filing a petition that requests the marriage to be voided, not terminated by divorce. The process is subject to the same residency and domicile requirements that affect divorces. Under R.I. Gen. Laws § 15-5-12, for an action to be filed in Rhode Island, the petitioner must have lived in the state for at least a year, or the defendant must have lived in the state for one year and have been properly served.

What matters under Rhode Island law is whether a marriage is legally recognized under the state’s laws. Hence, even though religious annulments can be performed in Rhode Island, only civil annulments in the courts have a legal effect. A religious ceremony that is not solemnized under Rhode Island law may not even be considered a valid legal union.

There are no clearly established filing deadlines for couples seeking to void or annul their marriages. However, the petitioner must file based on the conditions that existed at the start of the marriage. Hence, it is advisable to file as soon as possible because waiting a long time to file while willingly cohabiting as husband and wife may adversely affect the petition.

How to Get a Marriage Annulled in Rhode Island

Unlike many states, Rhode Island does not have a separate track for annulments. The Rhode Island courts process annulments via the normal divorce process. Instead of asking for a divorce, it is typically framed as a divorce from the bond of marriage under the relevant statutes or a request for a decree that a marriage is void or voidable. Hence, there are no specific annulment forms or annulment packs; rather, the steps taken follow the standard process for filing for a divorce, but with a request that the court declare the marriage void or voidable. The steps below outline the general path a person seeking to void a marriage (annul) in Rhode Island may take.

Step 1
The petitioner must prepare and then file the complaint at the appropriate family court and pay the required fees. The complaint must specify that the remedy sought is a declaration that the marriage is void or voidable, instead of a standard divorce. The complaints must indicate the grounds for the voiding and be notarized by the petitioner or a legal guardian if they lack capacity.

Step 2
After the complaint has been filed, the other spouse must be served with the complaint and summons in accordance with state laws. This is to ensure the other party received prior notice and has the chance to view and respond to the complaint. The local sheriff, constable, or authorized private process server must deliver the documents to the respondent in person and provide proof of service. The respondent may file an answer or response consenting or contesting the voiding.

Step 3
If the process is contested, it proceeds as in other domestic relations cases, with a preliminary hearing, motions, discovery, and exchange of evidence between the parties. After the preliminary hearing, the case may proceed to a court hearing or trial where both parties argue their cases and present evidence before a judge. The court evaluates the evidence and decides if the statutory and common grounds for voiding the marriage are met.

Step 4
If the court accepts that the grounds were met, it will issue a judgment or decree stating the marriage was void or voidable from the start, which serves the same purpose as an annulment. Even with the decree in place, the court may still address ancillary matters such as debt, assets, alimony, child custody, and parenting responsibilities, the same as in a divorce. This is particularly to protect any children from the marriage or third-party interests.

Required Forms and Documentation for an Annulment in Rhode Island

Rhode Island annulments are typically handled as nullity or voiding actions under the same statutes as divorce; hence, there are no standard annulment forms or documentation. The petitioner uses the divorce forms and documentation, but notes that they are seeking a judgment declaring the marriage is void, rather than a divorce. Below are some of the forms required for seeking a voided marriage in Rhode Island.

• Complaint for Divorce or Divorce From Bed and Board (Form 16707): This is the initial form that initiates the proceedings. The petitioner must note in it that they are seeking a judgment of void or voidable marriage, not a standard divorce.
• Affidavit of Verification/Sworn Statement: The petitioner must notarize or verify the complaint as part of the domestic-relations case procedure.
• Family Court Summons: This form must be served to the other spouse (the respondent) as notice of the proceedings.
• Proof/affidavit of service: This must be filed with the court as proof that the respondent has been properly served with the petition.
• Answer/Response: This is the document filed by the respondent to contest the voiding.
• Statement of Assets, Liabilities, Income, and Expenses (Form DR-6): For declaring assets during proceedings.
• Child Support Guideline Worksheet (Form 16134): For working out support and other factors if children are involved.
• Family Court Final Judgment (Form ID 3301): The final document issued at the end of the case.

Depending on the grounds for voiding involved, the parties may be required to submit supporting documents and evidence, such as marriage records, court records, medical records, psychological evaluations, affidavits or sworn statements from witnesses, criminal records, and documentary evidence, including letters, contracts, texts, emails, or notes.

As there is no standard annulment package with specific forms, most of the forms are adapted from the divorce packet of forms. The forms required can be obtained from the county clerk's office or the local division of the Rhode Island Family Court. Some forms are also available online from the Rhode Island Judiciary Website Forms page.

Where to File for an Annulment in Rhode Island

The Rhode Island Family Court handles all domestic relations matters in Rhode Island, including divorces, separations, voidings, and all accompanying issues such as child custody and support. Only the family court has the jurisdiction or statutory authority to issue judgments in these matters.

A petition may be filed for the decree at the family court division that has jurisdiction over the couple. Jurisdiction in Rhode Island is based on residency and domicile laws as given in R.I. Gen. Laws § 15-5-12 (a). At least one spouse must have been a resident of Rhode Island for at least one year before filing, and the case must be filed in the Family Court that has jurisdiction over the residence of either spouse.

The court structure adopted by the state means that although rules are uniform, each court location may have different filing practices or clerk procedures that may affect the case. It is recommended that petitioners contact the appropriate court before filing their petition to inquire about any location-specific practices.

Annulment Timelines and Waiting Periods in Rhode Island

There is no exact time for voiding actions in Rhode Island; timelines will differ on a case-by-case basis. This will typically be determined by the grounds for voiding, whether the case was contested or uncontested, and the level of complexity and evidence gathering involved in the case.

Uncontested cases with strong and clear evidence are generally expected to be resolved quickly, as the court is primarily concerned with confirming the chosen grounds and issuing the required decree. On the other hand, a contested and complicated case, particularly one involving fraud or incapacity, will often take longer due to the volume of evidence to be reviewed and the many court hearings required.

Rhode Island does not impose a waiting period for voiding cases. The case proceeds according to the court schedule once the complaint has been filed and then served to the respondent. This is unlike divorces, which have cooling-off or separation periods. Although timelines will vary, voiding timelines are mainly affected by the complexity of the grounds for voiding the marriage.

Factors that expedite the proceedings include uncontested cases, simple grounds, availability of evidence, and prompt process service. Conversely, a case will be delayed if the voiding is contested, the grounds are complex, missing evidence or paperwork, serving the respondent was difficult, the court calendar is busy or backlogged, and there are numerous ancillary issues to resolve, such as child custody and spousal support.

Costs and Court Fees for an Annulment in Rhode Island

In Rhode Island, the cost of voiding a marriage will primarily involve court filing and service fees. The full cost may vary widely depending on factors such as the complexity of the case and whether the parties hired lawyers. Several methods are available to reduce costs in these cases, such as self-representation to remove lawyer fees and fee waivers for eligible parties. The following are the costs associated with voiding (annulling) a marriage.

• The primary costs are the filing fees of $160, paid to the court clerk at the initial filing, and costs for serving the respondent. This service fee may vary from $45 to $100, depending on whether a constable, the local sheriff, or a private service carried out the service.
• Attorney fees remain the most variable costs and are hard to estimate because they depend on the attorney chosen, their experience, and the complexity of the case. Prices may vary from flat fees for simple uncontested cases to hourly rates for long, contested proceedings. This may range from a few hundred to thousands of dollars in attorney fees.

When a petitioner cannot afford the costs, they may apply for a fee waiver by filing a Motion, Affidavit, and Order to Proceed In Forma Pauperis. The judge will assess their total financial situation and determine if they have a limited ability to afford the costs. If they agree, they may waive the fees in part or in total. Waivers may also be granted automatically if the petitioner can demonstrate that they receive public assistance, such as Social Security Disability Insurance (SSI) or Supplemental Security Income (SSDI).

After the Annulment: What Happens Next?

When the Rhode Island Family Court annuls a marriage, it issues a judgment or decree of annulment stating that, under state law, the marriage is void. Unlike a divorce that ends a legally valid marriage, this declaration treats the union as if it never existed. This distinction affects many of the personal and legal actions that follow:

• Immediately after the declaration, both parties revert to single legal status under Rhode Island Law and are eligible to remarry immediately.
• The public records of the marriage, such as certificates from the vital records office, remain. However, the annulment becomes part of the records and establishes the fact that the marriage was void from the start.
• Rhode Island does not apply the equitable distribution rules used in divorce cases for annulments. Each party will receive assets they individually owned before the marriage, and joint property will be divided in accordance with contract principles, contributions to said assets, and title ownership.
• Petitioners may include the option to restore a former or maiden name as part of the final voiding judgment.
• As children born to a voided marriage are still legally considered legitimate in Rhode Island, the court will resolve parental rights and responsibilities, such as child custody, child support, decision-making authorities, and parenting time.
• Alimony or spousal support is less common after annulments since the marriage was considered void. However, the court may grant temporary support during the preceding or long-term alimony in exceptional cases, typically based on the grounds for the annulment.