Rhode Island Divorce Tips by Attorney Chris Pearsall

Your Cheating Heart…Could Get Caught Next Week

A local private investigator says that there is a higher chance that an infidelity surveillance assignment will be successful on Feb. 13, 14, or 15 than at any other time of the year.

By Jill Connors at Patch.com
Posted:  February 6, 2012

“It’s just human nature,” says private investigator Ryan P. McCormack, one-half of the Newport-based two-man team at Coastal Investigation Group, in explaining why there is a greater chance of catching an unfaithful person on surveillance during the three-day period from Feb. 13-15 than at any other time of the year.

“Around Valentine’s Day, people naturally want to spend time with someone they are romantically involved with. They let their guard down a little, or maybe one person in the relationship pressures the other one, because it’s Valentine’s Day,” says McCormack, who notes that it’s a well-known phenomenon in the private investigation industry.

“I’d estimate there is a 75% chance of catching someone during those three days, whereas during the rest of the year your chances are less than 50-50,” he says.

McCormack says less than half of Coastal Investigation’s caseload is related to infidelity, and he also says there is misconception about an infidelity surveillance assignment, which people often assume means a physical act needs to be caught on tape. Infidelity surveillance assignments often come from divorce attorneys rather than individuals, and they are looking for patterns of behavior or spending that can be important in a case. “For example, if [the unfaithful spouse] is going out and spending $200 on dinner with someone once a week, but then in court they claim they have no money, then that’s when the video footage can be important.”

 Read the Full Article at Patch.com

Disclaimer:  This article is the property of Patch. Attorney Christopher A. Pearsall, The Rhode Island Divorce and Coaching Institute and RhodeIslandDivorceTips.com do not claim any right, title or interest in this article.

Rhode Island Divorce Lawyers have to Consider Covert RI Tracking and Surveillance Methods of Some Spouses!

Being a good Rhode Island lawyer when handling a divorce matter isn't about knowing the basics, a few forms and a the fundamental rules anymore.  So if you're considering representing yourself in Rhode Island's Family Court System you need to know a lot more if you have an untrusting or deceitful spouse.

Today's technology brings with it many conveniences but it also brings with it many dangers.

Let's imagine that you are a lawyer representing a client or even a spouse who wants to represent himself or herself.  Do you know about Patrolman GPS?  What about the FamilyMap Celphone Service by AT&T?  Okay, how about MobiStealth?  

If you are a Rhode Island lawyer representing a divorce client and the opposing party seems to be one step ahead of you every time, or if you represent yourself and the same thing is happening then you need to at least jump onto the internet and find out about these and many other devices and services FAST!

Let me introduce you quickly to each.

Patrolman GPS is a small attachable GPS tracking device that can be used in a magnetic case and put in your pocket, on your car, in your briefcase, in your glove compartment, etc... and track your every move.

PatrolMan GPS (Front and Back)

 

FAMILYMAP Service

FamilyMap is a service you can add to your AT&T Cell phone service. Unless you know what this service is, what it does, AND you also take care of paying the cel phone bill then you wouldn't even know that you are being tracked by GPS built into your cel phone regarding your every movement.

 

MOBISTEALTH

Now for Rhode Island Divorce lawyers this is one to throw into the works that will rock your world and your client's divorce if you are not careful.
MobiStealth is a tracking program that can be installed and remain completely hidden on many cellular phones and is linked both to the phone itself and a GPS Satellite tracking system.  It is reputed that this little germ (as I prefer to refer to it)  of cell phone spywhere can do the following on your cell phone.

• Email, call and SMS history– Stores copies of emails, call logs and SMS that were sent and received from the phone.
• Recent location – MobiStealth can be set to automatically retrieve the GPS coordinates of places that were recently visited.  To get live tracking you will need to signup for the PRO and PRO-X versions as the Lite version doesn’t offer real-time GPS tracking. You will also need to signup for one of the PRO versions if you want to track a phone that doesn’t have GPS.
• Secretly Record Phone Calls (PRO-X Version only) – With this feature you can have MobiStealth record incoming and outgoing calls to specific numbers and even perform reverse phone number look-ups to see who the call are made to or received from.  This feature alone makes MobiStealth a much better buy that many other Android spouse spy software because it doesn’t require that you are there to listen in on calls as they are happening.
• Retrieve Pictures and Videos – A picture, they say, is worth a thousand words and in fact may be all you need to make your case against someone, especially if the person has the habit of taking lots of pictures and videos.  This feature allows MobiStealth customers/clients to remotely retrieve pictures and videos that were taken with the targeted phone.
• Recordings of the Phone’s Surroundings – This spy feature can turn on the phone’s microphone in order to secretly record conversations that are within earshot.
• Bookmarks, chat Sessions and Calendar events – A detailed record of bookmarks, chat sessions and calendar events can be just as incriminating as photos and text messages. You can use this Android spy app to review of chat sessions, calendar events and even contacts that were created.
• Internet Browsing – If you are concerned that the phone in question is being used by your spouse to view  inappropriate content, MobiStealth can help you get all the evidence you need to confirm your suspicions or confront your partner.

To this point there haven't been cases addressing the legality of these particular devices when used in connection with Rhode Island divorce cases by the Rhode Island Supreme Court.

However, from the perspective of Rhode Island lawyers representing you in a divorce proceeding these are becoming more common issues that should be considered.  These should be considered not simply due to the possible invasion of the attorney/client privilege but also due to the fact that legal protections and/or motions may need to be filed in the family court to establish prevent further invasion and/or validate the criminal nature of the surveillance.

Technology concerns in divorce cases in Rhode Island are no longer optional for the lawyers in the cases or those people who represent themselves.  Divorce is a whole new ball game folks.  Knowledge of technology is no longer optional.

I'm Attorney Christopher A. Pearsall and I am "The Rhode Island Divorce Coach."

My Sincerest Wishes for Success if you Appear before the RI Family Court,

Chris

Divorce Attorney's Alimony Legislation Article - Cheaper to Keep Her? Not Anymore...

Posted: January 3, 2012
Author:  Divorce Attorney Jason Marks 
Source:  Noted below. 

We all have a friend (who has a friend) that stays in a bad marriage just because he (or she) can't afford the alimony that often comes along with ending the relationship. For those living in a ship-wrecked marriage, help may be on the way. If proposed alimony reform is passed by the Florida Legislature, for many it may no longer be "cheaper to keep her."

In response to sweeping reforms in other states (most recently Massachusetts and New Jersey), legislators in Florida (one of which ironically is now going through his own divorce) have recently introduced parallel bills in the Florida House and Senate that are intended to bring what many perceive to be antiquated laws concerning alimony into the 21st century.

Key provisions of the bills would limit the maximum duration of alimony based on the length of marriage; terminate alimony at full retirement age (currently 66); and cap alimony at no more than 20% of the payer's net monthly income. The most important change -- particularly for the millions of (predominantly) men serving as indentured servants to their former spouses -- is its retroactive nature, allowing a spouse the ability to go back to court to modify his or her existing orders of support in line with the parameters of the new law.

Proponents of the bill (again, mostly men) argue that the current laws concerning alimony have the effect of making former spouses ending long-term marriages "partners for life," and that the current laws fail to acknowledge the reality that in most households today, both spouses work.

Everyone has a friend who has a friend with a horror story. There is the man who works two jobs so his former spouse can avoid working while living and traveling with her new boyfriend. There is the 75 year old man who is unable to retire, and is forced to work full time to pay alimony to his former spouse 25 years after their divorce. Proponents argue that the current laws provide unequal treatment and expectations on the paying spouse, while the spouse receiving the alimony marches on (sometimes with a significant other) without any meaningful adjustment to their own lifestyle. 

Even those who don't support the pending legislation would likely agree that for most divorces, both spouses who are educated should have a responsibility to work. Long gone are the days where only one spouse provides the financial support for the family while the other stays at home to raise the children.

While most critics would acknowledge that changes to current laws are necessary, some argue that the proposed changes have taken reform too far, even accusing bill drafters of being misogynistic (since of those receiving alimony, 90% are female). Critics also claim that the passage of the proposed bill in its current form has the potential to create a welfare state for spouses who are either too old or lacking in educational and occupational qualifications to enter the work force. No doubt, critics point to their own friends who have friends with their own horror stories. 

Nevertheless, both supporters and critics agree that reform is necessary to bring current laws in line with the realities of the modern family. The question is whether or not a line should be drawn, and if so, where.

Should Florida give needy spouses alimony for a "reasonable period of time" like Rhode Island does? 

Read the whole article at The Huffington Post

Jason Marks is a divorce attorney and partner at Miami-based Kluger, Kaplan, Silverman, Katzen & Levine, P.L. and has handled a number of high-profile, high-net worth matrimonial disputes. To contact Jason, you can email him at jmarks@klugerkaplan.com or call (305) 379-9000.

(All materials are either owned and/or copyrighted by Attorney Jason Marks, The Huffington Post and/or AOL or its subsidiaries.)

(Attorney Christopher Pearsall, RhodeIslandDivorceTips.com, and The Rhode Island Divorce & Coaching Institute deny all claim to any right, title, or ownership in or to any portion of this article. It is only provided partially here and credited for its fair use as a topic of interest.  It is highly recommended that all readers interested in divorce and/or alimony issues and legislation read the entire article at its source link at The Huffington Post noted above.)

 

An Important Step to Protect Your Privacy When You are Being Followed, Recorded or Watched in Connection with a RI Divorce!

Are you in a RI Divorce?  Do you suspect that your spouse or your spouse's Rhode Island attorney is having you watched, tracked, or recorded?  

While there are many important steps that can, and many times should be taken to protect your privacy. This one tends to be higher on my priority list when protecting my clients.

First, don't jump to conclusions and become paranoid.  Provide your RI Divorce Attorney with the facts or other information that you have that leads you to believe that you are being watched, followed or recorded.

So what is this important step you can take?

CRUCIAL SAFETY WARNING:  Make sure you always take care of your own safety first.  I know very little about cars themselves but I have learned about divorce snoopers only through practice over the years as they have become more prevalent.  When it doubt about whether reaching for something or touching something in an area of your car that may cause injury, always bring your vehicle to a trusted professional who can assist you without injury.

 

One Important Step

* THE CAR SWEEP *

Check your car for unusual objects that look out of place.  Keep in mind that you are looking for a device that could be used to record your location, your voice or video of you.  Shapes and sizes of these "Divorce Snooping Devices" vary too much to describe to become helpful.  Look for things that are out of place that have a microphone, lens or possibly a small blinking light.

What do you look for?  Unfortunately, there are too many types of devices to describe that are manufactured in too many shapes and sizes.  Too many of these things are readily available over the internet.  However, many people remain ignorant of the fact that in some states the actual use of these devices without the consent of the party being recorded or tracked is a crime.

 

Where Should You Search?

Search both the interior and exterior of the cars you use for these Divorce Snooping Devices.  

Interior Search Locations for Divorce Snooping Devices:

    1.  The glove compartment;

    2.  Both the driver and passenger visor;

    3.  Around and under both the fronts and back seats (especially in between the seats;

    4.  The ashtray area if you are not a smoker;

    5.  All additional middle compartments used to store extra items;

    6.  All compartments on each of the car doors;

    7.  Check "cavity areas" where a recording or tracking device can be taped or stuck and remain hidden from you under the front driver's column.  This is just above where the gas pedal and brake pedal are located.  Better snoopers will use these areas.  There are often similar areas in some vehicles in the same location on the passenger side as well.  Take extreme care so you don't unplug or dislocate anything that makes your vehicle operate properly.  If you want to really protect your vehicle then take it to a mechanic and have your mechanic do the search.  Even though your mechanic isn't likely to recognize a divorce snooping device, he or she is very likely to know whether what they touch is or is not dangerous (i.e. carry an electrical charge that can injure you or have sharp edges) and if it is actually a part of your car.

 

Exterior Search Locations for Divorce Snooping Devices:

1.  Inside both wheel wells;

2.  When the car is cold check around the muffler area;

3.  In the trunk, look and feel around everywhere for anything that seems out of place.  Some tracking devices that report your location via a GPS satellite service are not attached to anything else at all. Some of them even look like an extra light in your trunk that operates on a simple light sensor when it is a tracking device for your spouse or his or her Rhode Island divorce lawyer to track your whereabouts and discover whom you are with and where.

4.  When checking the trunk whether it is inside or outside the car, make sure you check your spare tire and that entire area that houses it.  There are usually no electronic devices of any kind in most vehicles.  If you see something that doesn't look right, contact a local dealer for your vehicle and try to identify the item before removing it.  If you can see identifying words or numbers on the item itself, it never hurts to go to Google.com, Yahoo.com and Bing.com to run multiple searches to see if you can do a word search or an image search (images.google.com) to see if you can determine what you have found.

5. Check under your engine hood itself and then around the inside of the engine.  It's best to make sure that your vehicle is off and cold to prevent any injury to yourself. Look for items on the underside of the hood, in and around the engine and in the front grill of the car and around both headlight fixtures.

More articles on Rhode Island Divorce Snoopers and other techno-surveillance devices in Rhode Island Divorce and Family Law Situations to follow soon.

My Best to All for a Wonderful and Safe beginning to the New Year!

I'm Attorney Christopher A. Pearsall, The Rhode Island Divorce Coach and I'm here to help.

Call now at (401) 632-6976 for your affordable legal advice and/or coaching session!

I'm here to help!

Rhode Island Divorce Attorney Coaching Tip: Be Aware of What Untrusting Spouses are Capable of!

When trust breaks down in a relationship you'd be surprised at what can happen.  Your trusted partner can turn into your worst nightmare whether you are married or not.

Here are just five (5) ways a trusted partner has lost trust in your faithfulness can help to cause the destruction of your relationship or invade your privacy.

1.  Your trusted partner may hire a private investigator to check into anything and everything you are doing, follow you around day and night, and even cause you to become paranoid and in fear of your life.

2.  Your trusted partner could install  software on your computer to spy on you that might do everything from cataloging everything you do... to literally turning on your webcam and watching what is going on in your room without your knowledge.

3.  Your trusted partner could install remote control software that allows him or her to gain control of your computer at any time of the day or night if you have an "always on" internet connection such as dsl or cable internet, which may even include turning on or shutting down your computer whenever they want.

4.  Your trusted partner could "bug" your car with a listening and/or tracking device to hear what you are saying, record what you are saying, or even track where your car is at any point in time.

5.  Your trusted partner could obtain your passwords for online accounts you have set up, or even set up "online access accounts" with companies they know you have services with in order to obtain detailed information about what you are doing on your phone, with your texts, with your travel, in your smartphone's email, etc...

One of the most prevalent statements I hear from people who come to me for advice when they mention things that indicate any of these things may be occurring is, "my partner would never do that."

The best first step toward protection you can have is to avoid ignorance.  Any spouse who is emotionally angry or scared enough is capable (sometimes with a little encouragement or suggestion from a friend or even an attorney) of falling into the trap of becoming even more untrusting and then become untrustworthy as that partner struggles for some semblance of reasonable assurance that their world is okay and their relationship with the other partner.

As an optimistic Rhode Island attorney who hopes that parties can survive their relationship difficulties I still advise my clients of one thing.

It is this.

Your best defense is to avoid ignorance.  

Keep this statement always in the back of your mind.  

"Any partner with enough distrust or doubt in your relationship is capable of becoming your worst nightmare."

My Very Best to All for a Joyous, Happy and Safe Holiday Season!

I am Attorney Christopher A. Pearsall.   I am "The Rhode Island Divorce Coach, and I'm here to help!

Call for your affordable Rhode Island Divorce Coaching Session or Seminar and get the information you need to make the important decisions in your life.  Call now at (401) 632-6976!