Rhode Island Divorce Tips by Attorney Chris Pearsall

What is Your Rhode Island Divorce Lawyer's Philosophy? Are you a Lawyer's Paycheck?

If you don't know about Rhode Island divorces and how they are processed or the laws that guide the family court, that is understandable.

However, knowing your divorce lawyer's philosophy about divorce can make you or break you.  A divorce lawyer should know what his or her own philosophy is and it is a valid question to ask what a lawyer's divorce philosophy is when you interview lawyers to represent you.

What is a philosophy?  It is the underlying thought process and guiding principles by which a person does something.  For instance, there is a philosophy of law itself yet there are also different philosophies for different types of lawyers and even different philosophies for lawyers who practice in the area of divorce.

So what is the philosophy of the divorce lawyer you may be interviewing or meeting with about your case?  It is said that actions speak louder than words, but at the outset the best you may be able to do is to ask the lawyer the question, namely "What is your divorce philosophy?"  Or, "What is your philosophy for handling divorce cases?"  My personal thought is this.  If a lawyer has no idea what you are asking or does not know what you mean by a philosophy, I believe that to be a sign that the attorney you are interviewing has not thought deeply enough about their own method of handling cases and therefore you may not be happy with the attorney's representation.  

In my professional and personal opinion, any Rhode Island attorney who practices divorces, should readily know what their philosophy is.  So what should you be doing?  Well, that's your choice as a prospective client, but if I were a client I would be thinking about how I would like my attorney to approach my case and what considerations they should have in mind when addressing my case.  If the lawyer's philosophy doesn't meet the case approach or considerations that you believe you would like to be taken with your approach, then it is probably not a good match with that attorney.

My philosophy is not agreeable to every prospective client and I don't expect it to be, yet I believe my philosophy to be as noble as the principles that I endeavor to project to my clients because these principles are part of me.

My philosophy is client-centric.  The client is at the center of everything and therefore it is not a matter of the divorce lawyer dictating every step of the process.  In my divorce lawyer's philosophy I should always do several things.

1)  Listen to your legal and personal needs;

2)  Consider your financial well-being and balance any items that might need to be done in your case with the cost of those items in legal fees, etc...  In other words, is the work cost-effective.  Would you approve of what needed to be done for the possible benefit?

3)  Address matters based upon your mental and physical well-being and considering all factors in your divorce situation.  There is value to your  anxiety, grief, emotional, mental and physical well-being and health.  Isgetting an extra $1,500 for you in your settlement worth the cost to you of two extra days of stress and anxiety?  It may not be worth pursuing due to non-legal factors because your importance is far greater than just a "divorce case"  you as a whole person is most important.

4)  I consider the stress on your finances and trust.  Clients deserve respect and I must earn and keep your trust not only by your words but by my actions in your divorce.  In a divorce situation you have entrusted me with a major part of his or her life.  That is a tremendous amount of trust.  Because of this you are not a paycheck to me.  You are not a file folder.  You are a person who has placed an important part of your life in my hands.  

5)  Ultimately, my goal is always to reach a reasonable settlement for you as quickly as possible and to do it within the parameters that you find reasonable provided I advise you of all the pros and cons of each aspect of your case.  I need to do this because it is important that you be informed.  How can you make crucial decisions in your divorce without being informed by your lawyer?  You may need to have things explained to you only because they do not live in my lawyers world of technical jargon from day to day and I don't expect you to know what all the legal terms mean. So I make sure that understand it.  Plain and simple.

6)  In summary, I endeavor to settle cases reasonably, make sure youare are informed and understand everything that would go into the settlement, and help you to settle your case with as little stress, anxiety, physical drain on your system and as little drain on your finances as possible.  

7)  I serve you.  I am the way lawyers were intented to be.  No hidden agendas or motives.  You deserve my help, my respect, my honesty, my understanding of your situation and the fact that you deserve to be listened to them more than I need to be talking.  This is all about doing what is best for you as my client.

There you have it.  This is my divorce lawyer's philosophy for my clients and explains how I process cases.

My philosophy does not work for every prospective client.  Prospective clients who simply want to use my expertise to hurt or damage their spouse or cheat their spouse out of what they are entitled to from marital assets do not match my philosophy.  Could they ask me for representation just the same?  Certainly.  Would I agree?  Not likely.  I have rejected cases that could put $20,000+ in my pocket for a single case.  Yet knowing what the person wants to do is all I need to know.  

My philosophy is one of integrity for my clients and for people generally.  

Ultimately, some lawyers may bend for a price, especially in hard times when money is tight for many of us.  I will not do it.  My integrity is not for sale at any price.

Find a good divorce lawyer with integrity and a strong central morality that is designed to protect people and preserve the family unit and you have located a good divorce attorney.  If that lawyer also offers a divorce philosophy that meets your needs and financial budget then you may have found just the right divorce lawyer for you.  

Philosophy is at the center of every business man.  Ask enough questions and you will find it.  Match your needs to the business person's philosophy and you found the right lawyer (or business person) to meet your divorce needs.  This isn't just for Rhode Island.  It works for anything you need help with.

I am Attorney Christopher A. Pearsall 
and I am The Rhode Island Divorce Coach! 

My Best to All Who Will Go before the Rhode Island 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.)

 

Rhode Island Divorce Lawyers Ponder whether getting at the Truth is Prohibited in Rhode Island Family Court?

A particular Rhode Island Family Court issue arose a little more than four (4) years ago.  It was in the form of a particular question that I discussed with no less than nine  (9) lawyers only a few of whom I even remember and who shall remain nameless.  

Yet it doesn't matter who the lawyers were.  It matters that I overheard several lawyers who were unfamiliar to me discussing the same question not long ago relating to their own experiences in the Rhode Island Family Court.

The Rhode Island Family Court judges each have discretionary power by law.  Most assuredly they are the authority as to what can and cannot be done in their courtrooms short of a directive from the Chief Judge of the Family Court.

One of the main things that the Rhode Island Family Court judges generally endeavor to do is to protect and preserve the family unit as a whole.  I have not found this wording in any specific manual, statute, treatise, case law or Administrative Order of the Court.  I have learned this consistently from numerous judges over my years of practice in the family courts and before various judges.

Yet I am not the only Rhode Island Attorney who been thwarted in his or her divorce and/or post-divorce efforts at presenting the best representation possible for clients by a judge's prohibition of calling a child of the parties as a witness in a divorce or post-divorce case.  

Now, I understand and agree with the preservation of the family unit.  I am a strong advocate for uncontested divorces, reasonable people, counseling for those who need it, reunification of parents with their children if it is reasonably possible without psychological injury to minor children.

Ultimately I believe this should be a concern of the RI Family Court as a judicial institution as well as the individual family court judges appointed to serve the people and address the countless issues they hear day in and day out both fairly and equitably.

Yet it is disconcerting as a Rhode Island lawyer representing a party in, for instance a post-divorce matter involving the violation of the court's order to (1) be prohibited by a judge from calling a child of the parties as a material witness to defend my client or prove my client's case when the "child of the parties" is no longer a minor and/or when the child of the parties has insisted on testifying to reveal the truth of what he or she knows has occurred, and (2) to then have the judge berate or accuse me or my client of trying to take steps to undermine and possibly destroy the family unit.

Most assuredly, if the child of the parties were a minor of younger years then I might expect some skepticism on the judge's part and the attorney and/or client might well deserve a rebuke in the eyes of some judges.  Yet some judges have prohibited children of the parties who may be as old as 23 and who are married, have children of their own and who may have developed a career that rivals their own parents.  In such cases, wouldn't the prohibition of testimony violate a person's right to present either their case or their defense, notwithstanding a RI Family Court Judge's concern for the preservation of the family unit?

 Perhaps a proper alternative for a 17 year old might be for the RI Judge to speak with the minor child of the parties in camera with counsel so that the judge might determine the nature of the testimony, the level of it's material significance, the weight that might be given to the testimony or even the maturity level of the 17 year old minor child to determine the appropriateness of the testimony.  

Clearly some attorneys might simply call a minor child to the stand and ask questions designed to emotionally injure the other parents by using the minor child merely as a tool.  Such conduct should not be tolerated.  Yet to jump to the conclusion that this is what is happening when one party calls a child of the parties to the stand without further examination or consideration by the judge may place blind faith in mere allegations made by counsel who is zealously representing his or her client and who might clearly benefit by the exclusion of say, the 22 year old daughter who saw and/or heard the father violate the court's order directly and without hesitation.

However, might a better route be for the Judge to suss out the nature of the testimony offered by the child of the parties and it's purpose, determine any possible bias of the child, and consider other pertinent factors.

This would seem to be a more prudent route that would result in a more equitable decision and the pursuit of justice via hearing what may be the clearest indicator of the truth as to what did or did not occur rather than a family court judge simply setting a rule that in his or her courtroom a child of the parties shall not be allowed to testify regardless of age, maturity level, or the direct importance or content of the testimony itself.

There is always the fear that as practitioners before the Rhode Island family court, that if we mention an issue that may be considered by some to be controversial that as legal practitioners we might then become a persona non-gratis (a person not in favor with the court) and thereby risk that judge's will suddenly rule against our clients at every turn.

However, I choose to believe that the members of our judiciary are above such a juvenile standard of conduct.  Absent an extreme and direct encounter with a particular judge to a significantly greater degree, I believe that our judiciary is always cognizant that our family court judges are always aware that they are capable of improvement in their roles in the Rhode Island Judicial System just as we should be as Rhode Island lawyers.

This seems to simply be a matter of counter-balancing the two issues of family preservation with the search for truth with lies in each parties right to present evidence before the court to either made their case or to defend themselves against what may be unfounded allegations.

Therefore, I bring this issue to the forefront more for the consideration of the judiciary and for the betterment both of practitioners and the clients they seek to serve.

I certainly welcome any comments from the court, fellow practitioners and from the general public as I am certainly not beyond learning which I find to be a daily and never-ending practice of improvement to better serve my clients and present information to the court in a way that does not waste the court's time but also presents to the court the information needed for our judiciary to make well-informed, equitable, and just decisions for all.

Happy Holidays to the Members of the Rhode Island Family Court and to all who read my articles.

 

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!

Rhode Island Divorce Lawyers Tip for Today - Client's should maintain Control!

Hiring a Rhode Island lawyer to handle your divorce should not mean that you leave everything to the lawyer.  In my humble opinion, too many clients do that out of a sense of relief.  Once a client engages a lawyer for his or her divorce, there is some sense of relief to the client.  That's understandable.  Now the client has someone who should be knowledgeable in divorce and family law to help him or her through the process and usually adds a certain level of comfort.  A client no longer feels as though he or she is floundering in the dark.

Divorce clients, here is the catch.  You need to retain a reasonable amount of control!  Why?  

Here are Three (3) Excellent Reasons to retain reasonable control in your RI Divorce over the Decision-Making:

1.  It's either your credit, your money, or perhaps money that you borrowed that is paying for your lawyer, right?  The less control you keep over the decisions in your case, the faster that money is likely to be burned up because your attorney is going to do what he or she thinks is right to protect your interests because you don't seem interested enough or because you aren't clear that you WANT to make the decisions as to what IS or IS NOT done in your case.  Certainly the lawyer can advise you of the repercussions of your decisions, as long as it is clear what decisions you have made.

2.  It's YOUR LIFE.  You can hire the best Rhode Island lawyer to handle your divorce but ultimately it is YOUR LIFE that is on the line here.  Who knows your life better than you?  NOONE!  So it makes perfect sense that you should control the decisions that are going to control YOUR future.

3.  The less control you retain, the more decision making authority you hand over to your attorney or to the court regarding YOU LIFE!

If you haven't followed the common divorce thread I've tried to establish here, let me just spell it out bluntly.  It's YOUR LIFE!  You are the one who has lived it.  You are the one who has to live with the decisions and how they affect your life.  

Rhode Island divorce isn't always complicated but it isn't always easy either.  So what's the point of having an attorney, right?  Frankly, you should be hiring a divorce attorney to help guide you through the process and it's procedures and to know your rights and the alternatives available to you.

Too many times clients will hire lawyers in their divorce cases and give them carte blanche authority to make the decisions throughout their divorce.  

Too often I have heard a male spouse tell me, "She says she won't do anything that her attorney doesn't recommend doing, OR  I'm not doing anything unless my divorce lawyer tells me to do it."   This is even in cases where a husband is offering an excessive amount of money and property to settle a case and the woman has already spoken to the woman about the offer.  Even when the offer is so generously slanted in the wife's favor, I have heard that the attorney did not recommend it to their client.

I can't tell you the number of times I have sat in my office with my mouth wide open as attorneys reject settlement offers over the phone that they know from experience are absolutely fantastic without even having brought the offer to their client FIRST!  

Now let me be very clear.  I am NOT talking about small disagreements that attorneys might have.  I'm talking about cases such as when I tell my client that he should not offer his wife 90% of everything and agree to pay all debt but the client insists that I do so anyway so I follow my client's directive and STILL the opposing spouse rejects the offer because the attorney did not recommend it.  No explanation why.  No idea why.  No rational reason to reject an offer that is rarely awarded even after trial.  Yet even the wife has no idea why her attorney didn't recommend it.  She just wanted to here if her attorney recommended it or not.

That woman has made a crucial mistake.  She has turned over complete control of her life and it's decisions to the divorce attorney without even knowing the reasons why.

Clients should not blindly expect that a lawyer's judgment should substitute for their own judgment.  Lawyers in divorce cases should be informing you, instructing you, and advising you about alternatives, and risks involved.  Based on these things YOU should be making the decisions based upon your own common sense, what has been explained to you, and the very fact that it is YOUR LIFE!

Remember, that the longer a divorce takes to complete the more money attorneys earn from the conflict and possibility of trial and consequently the LESS money there is left for you and your spouse to divide.  In fact, attorneys' fees may actually cause your debts to rise if you have to put attorneys' fees for your divorce on your credit cards or if you have to pay back a friend or family member you may have borrowed the money from to pay for your attorneys' fees.

In the end, please use your common sense.  

Personally, as a Rhode Island lawyer who focuses my law practice exclusively on divorce coaching and representation, I DO NOT want to take any more of your hard earned dollars than necessary.  I grew up knowing what it was like to struggle and working numerous jobs.  

While it took a lot to get me here, I understand that it's one thing to be paid for one's expertise in an area of law but it's another thing entirely for your divorce and all that goes with it to go any longer than it absolutely needs to.  

Admittedly, I am only one of thousands of lawyers who practice divorce and not all attorneys think the way I do.  I'll guide you.  I'll inform you.  I'll educate you.  I'll give you my thoughts and the benefit of my experience.  Yet what I won't do is substitute my judgment and decisions for yours!  I understand that it is YOUR LIFE!  I understand that you need to be able to live YOUR LIFE!  I understand that you need to be able to move on in life without some attorney taking away your chance for a fresh start!  You need to keep control of your case and I make sure that my clients know that.

Whether you come to see me or not, please do yourself a favor.  Protect YOUR LIFE!  Make sure that you don't turn over control of the decisions in your Rhode Island Divorce case to any attorney or to the court. They don't have to live your life and the consequences of the decisions that affect it.  You do!

Find a common ground, be reasonable, decide on your own once you've been informed.  You're not powerless!  Once you have the information, you have all the power you need.  

ALWAYS REMEMBER GOOD PEOPLE . . .  it's YOUR LIFE!

Happy Holidays and My Best to All In Your Rhode Island Divorce and Family Court Matters!