Rhode Island Divorce Tips by Attorney Chris Pearsall

RI Divorce Lawyer on Alimony Awards after Trial versus Alimony in a Marital Settlement

Most divorce lawyers in Rhode Island know that divorce settlements are a matter of give and take, offers and compromises.  

Yet as a RI divorce lawyer there are settlement aspects that frankly I wish didn't exist but are a reality of the process.  Alimony as part of a marital settlement when it isn't warranted from a legal perspective is sometimes one of them.

Yet, this is a perfect example of how as a Rhode Island Divorce Lawyer, or even more economically as a Rhode Island Divorce Coach, I could be of tremendous assistance to you.

 * * RI Alimony - A Brief Lesson * *

Rhode Island alimony has been deemed by the Rhode Island Supreme Court to be for rehabilitative purposes.   To give yourself a general idea of what this means you could think of it this way.  If you and your spouse were to get divorced ask yourself these two questions.

1)  Are either you or your spouse in need of financial support from the other spouse to get back on your feet to reasonably support yourself?

2)  Does the spouse who is not in need of financial support have the income, resources, or skills necessary to provide that additional financial support to the needy spouse?   

If a Rhode Island family court judge after hearing the evidence is of the belief that that one spouse is in need of financial support AND that the other spouse is capable of providing that financial support, then an award of alimony to the needy spouse is likely probable.

* * NEEDINESS * * 

Under Rhode Island law there is no set standard for determining when you as a spouse are "in need" of financial support.  A judge at trial considers a wide variety of factors before reaching his or her decision on this subject.

However, there are a few very strong indicators of a spouse "in need."  

1)  If your skills are too outdated in the current job market to earn enough money to reasonably live on; and/or 

2)  If you have been out of the workforce too long to be able to obtain a job with your existing skills that would allow you to reasonably support yourself.

* *  THE COURT DIVORCE TRIAL * * 

Assume that a trial is heard in this hypothetical Rhode Island Divorce case.  

Trial evidence shows that Cheryl Court and David Court have been married for 28 years.  That there are no minor children that must be cared for.  That both parties have been employed for the last 10 years of the marriage.  That Cheryl earns $32,000 and David earns $78,000 per year.  Cheryl requests alimony.  David argues that alimony be denied.   

The Judge's decision after trial denies Cheryl's request for alimony finding as fact that she has been consistently employed, that makes a sufficient income to support herself, and that she has not demonstrated any need for rehabilitation warranting financial support from David.

* * THE COURT SETTLEMENT FLIPSIDE * *

Divorce trials can be a huge drain on a person's time, finances, and mental and emotional well-being.

Let's look at the same case from a settlement standpoint.

David filed for the divorce.  Cheryl has enjoyed 28 years where they have lived fairly well, taken several trips per year, and she has not really been limited in what she can buy for herself.  At first Cheryl feels hurt and rejected.  Then Cheryl's hurt turns to anger as she realizes that her lifestyle may have to change.  Yet Cheryl doesn't want it to change and she doesn't believe she should be punished because David wants a divorce so she demands alimony.

David truly wants to settle the case but he becomes angry because now Cheryl is being unreasonable and demanding what the court isn't likely to give her after trial.  Cheryl doesn't care.  Cheryl takes the position that if she doesn't get alimony then she'll go to trial and take her chances.

Keep in mind that the facts are the same as the trial scenario above.  A reasonable legal analysis would lead a divorce lawyer to advise David that Cheryl isn't legally entitled to alimony.  So even though David agrees with just about every proposal when he says "no" to her demand for alimony its a question of whether David or Cheryl is going to give up before they go to trial or force the case to go before the judge for a divorce trial.

Alimony is different in a case like this when it comes to a legal analysis for trial versus trying to settle a case.  It doesn't matter if Cheryl is legally entitled to alimony or not, the fact is that she believes she is entitled to alimony so her emotional state may force a legal battle that is unnecessary if both parties were acting rationally, equitably and amicably with one another.

How could a good divorce lawyer or Rhode Island Divorce Coach help you?  One word..."balancing."  This is what I call it when a professional advises his or her client regarding what scenarios are possible to determine the best course of action based upon numerous factors including financial effects, emotional effects, family effects, practical reasoning, and even one's internal principles.

In the end, though the trial route may simply to be to fight against alimony tooth and nail, a party may decide to pay alimony for reasons far different than whether it is legally warranted or not.  

An analogy for this alimony scenario in a Rhode Island divorce might be considered similar to the cost-benefit analysis that a company might do to determine what action should be taken to address what to do about several hundred defect car parts that are known to exist but may have been installed in any of the millions of cars throughout the United States.

Rhode Island Alimony is not a cut and dry situation.  If you want to go to trial, it may be fairly clear the path to take.  If you want to settle the case, it's about as murky as it gets.  

Do you have a Rhode Island Alimony predicament?  

Feel Free to Call Me for a low-cost Coaching Session!

Attorney Christopher A. Pearsall - Phone: (401) 632-6976

Article Copyright 2010 to present - Christopher A. Pearsall and The Rhode Island Divorce and Coaching Institute (All Rights Reserved.)

A Lawyer who Hates Lawyers? What is this RI Divorce Lawyer Really Saying?

Today, I am a Rhode Island lawyer focusing my practice on divorce and divorce coaching.  Looking back decades ago I remember another lawyer who had been practicing in another state for some 40+ years who said something that perplexed me.

* * * Remembering the Lawyer who Hated Lawyers! * * *

The lawyer was about as true, honorable, and generous a gentleman as I have ever met.  He had all the qualities I envisioned a good lawyer would have.  He truly cared about each of his clients.  He fought for each one within the bounds of the law, within his professional code of ethics, and with a high degree of morality. The lawyer knew that I greatly admired him as both a person and as a lawyer.

One extremely hot summer afternoon this lawyer returned to his office after losing a district court hearing.  He plopped himself down in the chair at the opposite end of the short conference room table I was sitting at in his office law library.  His secretary nervously brought him a lemonade and napkin then quickly skirted out of the room.  There was an endless silence.  

Finally, I spoke, 

Chris:  "I'm considering becoming a lawyer."

The lawyer lifted his head, wiped his brow with a napkin, grabbed a nearby law book and flung it across his law library breaking the law book's spine.

It was one of the first times I had ever seen this man so upset.

I was quiet until the lawyer spoke.

Lawyer:  I HATE LAWYERS!

This time the pause was endless yet I was just too puzzled not to speak.

Chris:  "I don't understand!?!  You ARE a lawyer."

The lawyer was quiet again, so I asked it as a question.

Chris:  "How can you hate lawyers when you ARE one? 

The lawyer waited quite awhile before speaking.

Lawyer:  Chris, if you're anything like me, you'll understand when you get there. 

The conversation ended.

* * * 20 Years Later We Agree * * *

I've been working in the legal field now for more than 20 years since that conversation.  

As a Rhode Island lawyer, I am bound by a Professional Code of Ethical Conduct among other things.  There are things that I shouldn't say or do and there are things that I can't say or do despite the right to Free Speech guaranteed to all of us by the United States Constitution.  The layperson would be amazed. 

* * * A Message for Roger * * *

For a point of reference only, the lawyer's name was Roger.

Hopefully he's still alive and hopefully he is in tune enough with today's "internet" that he reads this article.

First, to this great lawyer.

Roger, I was like you.  I understand!

* * * A Message for Readers * * *

Now, to my readers I offer this.

You may not understand this statement until you meet with me.

If you like lawyers, you probably won't like me.

With that said, I can tell you that as a Rhode Island Lawyer who has focused my practice exclusively in the area of divorce and family law, I cannot make your problems go away.  No lawyer can!  Yet some lawyers may tell you they can to get you as a client.

Lawyers can't make your problems go away because fundamentally they are your problems.  Only you can take responsibility for those challenges in your life.  Only you truly have the power to resolve those challenges by your decisions.

However, I can tell you that I can help you understand and get through your Rhode Island divorce or family law challenges by working with you either as your Coach or as your Representative.

* * *  Your Divorce Coaching Program * * *

Roger's words were invaluable.  Today, they are the powerful force motivating the continued growth of your Family Law Coaching program.  

I call it Your Program because it is designed specifically for you.  It is designed to teach you, train you, advise you, inform you, and save you time and money in the areas of divorce and family law.

As Your Coaching Program continues to evolve, it will continue to work faster for you, become more economical for you, and become more helpful for you.

Whatever you choose to believe, there is one thing you can know with certainty. I am one lawyer trying to make a difference for YOU with a new and innovative way of practice designed by hard work, my belief that you can do more than you believe you can at this moment, and your willingness to be open to something new that works. 

What can Your Coaching Program help you with?  Here is a brief list . . .

Rhode Island Divorces & Legal Separations, Rhode Island Child Support Establishment, Modifications, Collections and Terminations, Rhode Island Child Custody Matters and Child Custody Modifications, Rhode Island Petitions to Enforced Marital Settlement Agreements and Property Settlement Agreements, Preparing Pre-Nuptual Agreements and Ante-Nuptual Agreements in Rhode Island, RI Petitions to Move Out of State with Minor Children, Petitions to Establish Paternity in Rhode Island, Rhode Island Motions to Adjudge In Contempt and Defense of those Contempt Motions, Protection from Abuse Petitions and Defense Against Such Petitions, Rhode Island Motions and Petitions to Establish, Modify or Terminate Visitation, RI Common Law Divorces and their Defense, Rhode Island Legal Rights, Rhode Island Family Court Procedures, 2nd Opinions about your Attorney on Rhode Island Divorce Cases, Pro Se Representation (i.e. Representing Yourself Appropriately in Family Court), and many more . . . 

Look for the Testimonials Section about Your Coaching Program which is coming soon.  Feel Free to Call Me for a low-cost Coaching Session!

Attorney Christopher A. Pearsall - Phone: (401) 632-6976