Do You Need Divorce Coaching or Legal Representation? Consider this Example.
On a whimsical impulse Carrie and Jack got married in Las Vegas, Nevada in 1992 while on vacation with friends. They remained married and living together for seven months in Rhode Island where Carried had her job and family and Jack was stationed in Newport with the military at NUSC.
The marriage quickly deteriorated after Jack discovered that Carrie was a verbally abusive and sometimes violent alcoholic. When Jack refused to buy Carrie alcoholic beverages of any kind, Carrie moved out. Even though all the furnishings and other assets belonged to Jack before the two got married, Jack agreed to give Carrie everything. Jack felt bad for Carrie and he went so far as to engage professional movers to pack up and move all the furnishings in their apartment to wherever Carried wanted them moved. The only things Jack did not give to Carrie were the things that were provided to them by the US Military because he had no right to give them away.
Carrie left with 95% of everything and Jack kept only a few minor things that were needed for his survival in the apartment. Jack went so far as to set up a military allotment to be deposited in an account of Carrie's choosing for half of the military pay he received each pay period. Carrie's allotment was set up to last for an indefinite period of time.
Both Carrie and Jack were aware that as long as they remained married the military would provide Jack with an additional amount of money each pay period as long as he was classified as "married."
Carrie and Jack each went their separate ways and verbally agreed to live their own lives under these circumstances. Jack didn't want to hurt Carrie and realized she had a problem so he did not file for divorce. Carrie did not seek any form of rehabilitation but she knew that if she filed for divorce she would get less money from Jack, so she never filed either.
Finally, Jack retired from the military in 2000 and the allotment to Carrie ceased pursuant to the military's own administrative guidelines. Jack then began receiving a military pension for his 20 years of military service.
When the military allotment ceased, Carrie sought legal advice in Rhode Island where she had been living for the past 12 years and made a substantial claim for Jack's pension and other assets he had accumulated while they had been living separately.
Jack was surprised to learn that although the Rhode Island judge could certainly consider the totality of the circumstances surrounding the divorce, Rhode Island law did allow Carrie to claim that at least a portion of Jack's military pension was "marital" because it accrued while the parties were legally married and absent a Rhode Island or Federal Law which instructed the Rhode Island Family Court otherwise, the pension could be considered marital if the court made a finding that all or a portion of the pension was marital and should be equitably split between the parties as the court saw fit after trial.
Jack was not happy about the divorce proceedings. All this time he thought he had "done the right thing" for Carrie and now she wanted even more and Jack didn't want to give more. Jack felt he had given enough and he was willing to fight for his military pension as a non-marital asset because he had already given Carrie what amounted to more than her share. In Jack's eyes he had already given more than he would have been ordered to give by any divorce court.
Perhaps the greatest thing to keep in mind regarding a scenario where you and your spouse separate all your assets and debts and live completely separate but you do not terminate your marriage legally is this. . . YOU ARE STILL MARRIED!
Can you answer these questions?
1. Can Jack argue that since he and Carrie separated everything at the time they personally terminated their own marital relationship with each other that any asset accumulated after that time is non-marital?
2. If Carrie runs up credit card debt in order to support herself during the time that she is separated from Jack, could a Rhode Island Family Court Judge find the credit card debt to be marital debt?
3. If Carrie builds up an IRA plan during the time she is separated from but still married to Jack, does Jack have a reasonable claim to a part of that IRA plan if he didn't contribute to it?
4. If Carrie has a child during the time she is separated from Jack and there is no name specified as the father of the child on the birth certificate, is it possible that Jack might have to pay child support for that child?
5. Are there any federal laws which trump state law regarding any of these issues and decide the question for us so that the question(s) become a non-issue?
6. Do you see the other eight (8) important legal questions/issues that a skilled divorce lawyer might address with you if you were either Jack or Carrie?
If you do not see the other important legal questions/issues in this scenario, then you either need some professional RI Divorce Coaching or representation by a good Rhode Island Divorce Lawyer.
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!!
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Copyright 2009. Christopher A. Pearsall, Esquire
Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!
* The Rhode Island Supreme Court licenses all attorneys in the general practice of law. There is no recognition for specialization of attorneys in any area of law.
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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.
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,
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.
This time the pause was endless yet I was just too puzzled not to speak.The lawyer was quiet again, so I asked it as a question.
The lawyer waited quite awhile before speaking.
The conversation ended.
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.
Now, to my readers I offer this.
You may not understand this statement until you meet with 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
Posted by Attorney Christopher A. Pearsall on July 07, 2010 at 08:42 PM in Affordable Legal Advice, After-Acquired Property, Alimony, Attorney Ethics, Attorney Liens, Attorney Morality & Integrity, Attorney Tactics, Billing Issues, Child Placement, Child Support, College Obligations, Commentaries, Common Law Marriage, Coping with Divorce, Coventry, RI - Uncontested Divorces, DCYF and Parental Alienation, Differing Family Law Services, Divorce & 401Ks, Divorce & Addictions, Divorce & Adultery, Divorce & Affairs, Divorce & Affordable Help, Divorce & Assets, Divorce & Attorneys Fees, Divorce & Bank Accounts, Divorce & Cheating, Divorce & Child Care, Divorce & Children, Divorce & Children's Rights, Divorce & Coaching, Divorce & Computer Data Recovery, Divorce & Contempt, Divorce & Controversial, Divorce & Counseling, Divorce & Court Orders, Divorce & Credit Cards, Divorce & Dating, Divorce & Death, Divorce & Debt, Divorce & Defenses, Divorce & Discovery, Divorce & Evidence, Divorce & Experts, Divorce & Fathers, Divorce & Forensic Data Recovery, Divorce & Grounds, Divorce & Healthcare, Divorce & Intercourse, Divorce & IRAs, Divorce & Judicial Bias, Divorce & Legal Resources, Divorce & Love, Divorce & Marriage, Divorce & Mediation, Divorce & Medical Provisions, Divorce & Men, Divorce & Mothers, Divorce & Motions, Divorce & Pensions, Divorce & Personal Injury Claims, Divorce & Pre-Trials, Divorce & Prejudice, Divorce & Questions, Divorce & Separation, Divorce & Trials, Divorce & Women, Divorce & Your State of Mind, Divorce and Computers, Divorce and Forensic Evidence, Divorce and Mental Health, Divorce Appeals, Divorce Attorney Fees & Costs, Divorce Attorneys & Disciplinary Complaints, Divorce Costs & Expenses, Divorce Court, Divorce Forms, Divorce Hearings and Trials, Divorce Kits, Divorce Lawyers, Divorce Lawyers & Practice Philosophies, Divorce Principles, Divorce Procedure, Divorce Questions, Divorce Settlements, Equitable Distribution, Family Court & Children, Family Law Ethics, Forensic Computer Data Recovery Specialists, Grandparents Rights, Guardian Ad Litem Reports, Healthcare, Inheritances, Insurances, Judicial Abuse, Judicial Misconduct, Laypeople Acting PRO SE, Legal Article Directories, Legal Custody, Low Cost Divorce, Marital Assets, Marital Home, Marital Settlement Agreements, Non-Marital Assets, Parental Rights, Physical Custody of Children, Placement, Post-Divorce Moving Issues, Pre-Marital Assets, Property Settlement Agreements, Protection from Abuse, Rhode Island Case Law, Rhode Island Common Law, Rhode Island Debt, Rhode Island Divorce & Bankruptcy, Rhode Island Divorce Coaches, Rhode Island Divorce Coaching, Rhode Island Divorce Laws, Rhode Island Nominal Proceedings, RI Child Custody Attorneys & Lawyers, RI Common Law Divorces, RI Common Law Marriage, RI Divorce & Real Estate, RI Divorce and Bankruptcy, RI Divorce and Bi-Sexuality, RI Divorce and Homosexuality, RI Divorce and Legal Presumptions, RI Divorce and Military Benefits, RI Divorce and Perspectives, RI Divorce Attorney Apology, RI Divorce Grounds, RI Divorce Residency Requirement, RI Divorce Settlement Dangers, RI Divorce Terminology, RI Family Court Judges - Philosophy, RI General Laws about Divorce, RI Uncontested Divorces, Statutory Waiting Period, Tax Issues, Testimonials, Tricky Divorce Issues, Uncontested Divorces in Rhode Island, Visitation | Permalink | Comments (1) | TrackBack (0)
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