Rhode Island Divorce Tips by Attorney Chris Pearsall

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!

RI divorcee seeks Marital Deduction on Estate Feds Claim Fraud

Feds: RI divorcee seeks $1.7M marital deduction

August 18, 2011|Laura Crimaldi, Associated Press

 

A woman has been accused by federal prosecutors of trying to have a divorce judgment thrown out after tax collectors levied $2.8 million in taxes and fines against her dead ex-husband’s estate on the grounds it wasn’t entitled to a marital deduction.

In a civil complaint filed on Tuesday in U.S. District Court in Providence, the federal government accuses Jo-Ann DerManouelian of trying to get her divorce judgment voided in an “improper and collusive attempt’’ to claim a marital tax deduction for her ex-husband’s $17.7 million estate.

DerManouelian, a former waitress living in Johnston, is among three co-executors of the estate of businessman Aram DerManouelian, who died in 2006 at age 67, the complaint shows. The couple’s divorce was finalized on Jan. 6, 1994. She claims in state court filings, however, that her husband fraudulently obtained the divorce.

After Aram DerManouelian died, his estate filed a federal tax return that claimed a marital deduction of nearly $1.7 million, according to the complaint. The Internal Revenue Service rejected the deduction and issued a fraud penalty of $1.1 million in March.

On June 3, the estate petitioned the U.S. Tax Court to rule it had properly declared a marital deduction, the complaint said. Rhode Island state court spokesman Craig N. Berke said Jo-Ann DerManouelian filed a motion on July 7 in the Family Court of Newport County to have her divorce judgment voided.

A motion hearing on the divorce case has been scheduled for Sept. 29, Berke said. The judge assigned to the case hasn’t taken any action, he added.

Jo-Ann DerManouelian claims in state court that her husband initiated divorce proceedings in 1993 because his marriage to her prohibited him from leaving real estate and pension proceeds to his son from a previous marriage. The couple had no children together, court records show.

“When Jo-Ann asked Aram why he was filing for divorce, Aram would only tell Jo-Ann that she should not fight what he was doing and that he, Aram, would pay his lawyers $2.00 for every $1.00 that his lawyers kept from her if she contested the divorce in any way,’’ her attorney Keith Kyle wrote in court filings.

He also claims the couple lived together as husband and wife from the 1980s until Aram DerManouelian’s death.

“On January 6, 1994, there were no irreconcilable differences between Aram and Jo-Ann, Aram and Jo-Ann were living together as husband and wife, there was no irremediable breakdown of the marriage between Aram and Jo-Ann and the entry of the (divorce judgment) January 4, 1994 was procured by fraud on the court by Aram,’’ Kyle wrote.

Kyle didn’t return a message seeking comment Thursday.

Federal prosecutors, however, say Aram DerManouelian’s marital status was listed as “divorce’’ on his death certificate. It also says he twice referred to Jo-Ann DerManouelian as his “former wife’’ in his will. She also is referred to as his “former wife’’ each of the 12 times she’s listed in trust documents related to the estate, the complaint said.

The complaint states Aram DerManouelian listed his filing status as “head of household’’ or “single’’ until 2005, when the estate filed a joint income tax return that listed Jo-Ann DerManouelian as his spouse. He also deducted alimony payments to his ex-wife from his adjusted gross income, the complaint said.

A spokesman for the U.S. Department of Justice, which is handling the case, had no immediate comment on Thursday.

An obituary for DerManouelian published in The Jamestown Press said he was the “beloved husband’’ of Jo-Ann DerManouelian. He was the founder and president of Warwick-based National Velour Corp. and Johnston-based American Foam Corp., said the obituary, which didn’t cite a cause of death.

American Foam sold the foam blamed for fueling a West Warwick nightclub fire that killed 100 people on Feb. 20, 2003. The fire, at The Station nightclub, began when pyrotechnics for 1980s rock band Great White ignited the foam, which was used as soundproofing around the stage. The company later agreed to pay $6.3 million to settle lawsuits from survivors and victims’ relatives.

DerManouelian also was the owner and developer of Portsmouth Industrial Park in Portsmouth and Omni Park in Middletown, the obituary said.

Jo-Ann DerManouelian, 61, and the other estate co-executors did not return messages on Thursday. Attorney Michael S. Marino, who’s handling the tax court case, also did not return a message.

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

The Rhode Island Divorce Coach - A Few things that Must be "On the Record" in a Nominal Divorce Proceeding!

Rhode Island Divorce Coaching these days reveals many of the things that people want to know about as I sit down and meet with more people to be coached for their divorce proceedings.

For instance, "What kind of things have to be "on the record" and in the Judge's Order about the divorce?"

It's easy to get confused in a divorce when you've already gone to the trouble of putting together a Marital Settlement Agreement that contains literally "everything" you and your spouse have agreed upon to resolve your divorce.

Outlining several of them may be helpful to people, though they may vary primarily depending upon whether you have minor children or not at the time of your Nominal Hearing.

1. Residency must be testified to and on the record.

2. Service upon your spouse needs to be on the record whether it is by you or mentioned quickly by the judge.

3. The marriage date and place must be confirmed as accurate and generally a date of separation of the parties living as husband and wife should be provided to the Rhode Island Family Court judge at the time of the hearing.

4. Identification of any Minor Children Must be on the record and specifics relating to legal custody, physical custody, visitation, child support and     .

5. At least the general basis of the grounds for divorce that have been specified as the reason for granting the divorce.

6. In the very least, requests for alimony and waivers of alimony as well as statements about about age, health, education, and employment or income justifying a waiver of alimony must also be on the record.

7. The authentication of a Marital Settlement Agreement and submission of the agreement as a Full Exhibit must be made along with the testimony of both parties that each person identifies his or her signature on the Agreement, it was signed freely and voluntarily and that the person signing the document considers the Agreement to be a fair and equitable distribution of their marital estate.

These are fundamentals that must be on the record. Several other items should be on the record but need not be mentioned in this brief article. I will endeavor to address them in another article on Rhode Island Divorce.

This should not be taken as an "all inclusive list" of everything that must be on the record. Different proceedings and circumstances may call for additional items or fewer items.

Just keep in mind that the Rhode Island Family Court has a system in place that lets you go through your divorce as quickly as possible if you are amicable with your spouse, know what you have to do in order to use that system efficiently, and protect your children properly in the process.

Be prepared. Get some coaching from a professional who does this for a living and you will have the best chance at success getting through the process without spending a lot of money.

If you are nervous or uncertain about what to do, that's your internal signal telling you that you should be calling me for your low-cost divorce coaching session.

My best to you as you go before the Rhode Island Family Court System. It's not easy.  Divorce never is.  Let's make it easier for you and for the Rhode Island Family Court judge and make things as efficient as possible. You'll be happier. The Rhode Island family court's divorce process will work much better for you.  And best of all I'll help you keep as much of your hard earned money in your pocket where it belongs!

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 2007 to Present.  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.  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

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