Rhode Island Divorce Tips by Attorney Chris Pearsall

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!

Grounds for RI Divorce - Rhode Island General Laws § 15-5-2 - Additional grounds for divorce

Divorce in the State of Rhode Island can be filed using "no-fault" grounds.  It is generally the preferred grounds for filing in the Rhode Island Family Court typically because it tends to keep the divorce matter more amicable and in the event there is a trial there is no particular need for the court to declare the divorce based upon the fault of either party which lessens the need for the court to hear testimony about the conduct of the parties.

However, there are various additional grounds that you may use to file for divorce.  They are set forth in Rhode Island General Laws §15-5-2 - Additional Grounds for Divorce.  

This statute reads as follows:

§15-5-2 - Additional Grounds for Divorce.

Divorces from the bond of marriage shall also be decreed for the following causes:

(1) Impotency;

(2) Adultery;

(3) Extreme cruelty;

(4) Willful desertion for five (5) years of either of the parties, or for willful desertion for a shorter period of time in the discretion of the court;

(5) Continued drunkenness;

(6) The habitual, excessive, and intemperate use of opium, morphine, or chloral;

(7) Neglect and refusal, for the period of at least one year next before the filing of the petition, on the part of the husband to provide necessaries for the subsistence of his wife, the husband being of sufficient ability; and

(8) Any other gross misbehavior and wickedness, in either of the parties, repugnant to and in violation of the marriage covenant.

It is important that you are aware that these grounds for divorce exist in Rhode Island Domestic Relations law.  You should keep in mind that for each of these grounds, the evidence required order to prove your case to the court is not only different but it is usually also more difficult.

Ask yourself this question before you choose one of these "fault-based" grounds for divorce,

"Do I want to make my divorce harder to prove to the court?" 

A Quick Tip from The Rhode Island Divorce Coach:

Think long and hard before you file for divorce based on fault-based grounds.  Rememember that the harder it is to prove your case, the more difficult you make it for yourself for the court to award you the divorce. 

 

Need help understanding the Rhode Island divorce process or procedure?  Or do you need to understand the law itself and your legal rights and alternatives before, during or after a divorce?

Call me Now at (401) 632-6976 to set up your Affordable Rhode Island Divorce Coaching and Advice Session!  I've been there and I'm here to help!

Happy Holidays and My Best to All with Matters before the Rhode Island Family Court!

Uncontested Rhode Island Divorces - Does My RI Divorce have to be difficult?

Does your Rhode Island divorce have to be difficult?  No.  

So what makes a Rhode Island divorce proceeding so difficult?

One major factor is that people make their own divorces difficult.  

Most of the time the difficulty in a divorce in Rhode Island or another state arises from any combination of ten (10) of the following factors:  

1)  Feelings of Entitlement as a result of the history with your spouse or a wrong you perceive your spouse has "done" to you;

2)  Anger toward your spouse;

3)  Resentment about your marriage itself;

4)  Bitterness toward your spouse;

5)  Desire for Revenge through your Divorce proceeding;

6)  Fear of the future after your Divorce is completed;

7)  Fear of Being taken Advantage of by their Spouse;

8)  Listening to Friends and Family who have been through a difficult, emotional or bitter divorce;

9)  Choosing the Wrong Rhode Island Divorce Lawyer; and

10) Deferring your personal judgment on issues on your life to an attorney's judgment. 

Are there other factors involved, absolutely!  However, these tend to be the greatest factors affecting a difficult and prolonged divorce that are actually caused by the people in the divorce itself.

If a person in a a divorce can remain aware of these factors and consciously try to eliminate them or keep them in check, the chances of having an easier divorce are much greater.

The question is, whether you really want a difficult, emotionally draining, extremely costly and frustrating divorce, or an easy divorce? 

Sometimes it's best to take the easy way out.

 

Authored By:

 

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce* Lawyer is Now
Rhode Island's Only Divorce and Family Law Coach!!

Discover the Tremendous Benefits You Receive by 

Participating in Family Law Coaching Sessions!

Visit the RhodeIslandDivorceCoach.com

Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

Experience the Difference!

Copyright 2000 to Present.  Christopher A. Pearsall, Esquire
 Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

Note: If this article contains a case scenario with names, dates or amounts, any resemblance any connection to any person or situation now or previously existing is purely accidental, unintentional, and is merely a mistaken creation in the mind of the reader.

* The Rhode Island Supreme Court licenses all attorneys in the general practice of law.  The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

- - Recommended Websites - -

Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | ChrisPearsall.com | LegalScholar.com | Pearsall-Law-Associates.com | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers | Rhode Island Divorce Coach  |  RI Divorce Coach | RI Divorce Lawyer on Twitter | Rhode Island Divorce Coach on Twitter | Rhode Island Divorce Lawyer on Facebook.com| Attorney Chris Pearsall at LawGuru.com | Rhode Island Family Law Lawyer - RI Consumer Tips