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March 2007

February 2007

Finding The Right Rhode Island Divorce Lawyer for You!

In your Rhode Island divorce proceeding I am absolutely . . . positively certain that the most crucial decision you will make throughout the entire divorce process is the selection of the person to represent your interests.

As a husband, father, layman and now an attorney for men and women I make this statement from almost every perspective you can imagine.  Your decision on whether you present yourself or which attorney you retain to represent you in your divorce will make a monumental difference.

Selecting the right Rhode Island lawyer to represent you in your Rhode Island divorce matter is not the easiest thing to do so here are just a few things you want to consider.

1.  How many divorce cases does the attorney handle in a year?

2.  What is the focus of the attorney's practice?  For example, is it divorce and family law or does the attorney handle a good volume of personal injury cases?

3.  How much does the attorney charge per hour and what expenses does that include? 

4.  Does the attorney have available references to divorce and/or family law clients who would be willing to speak with you about his or her services and what is the relationship of those clients to the attorney (i.e. brother-in-law, friend, etc... or a referred client).

5.  Does the attorney address fees and costs first before even discussing your issues with you?  (i.e. does he or she seem more interested in money issues than in working with you regarding your case...)

Choosing the right attorney for your divorce matter is CRUCIAL!  It is the single most important thing you will do in your divorce proceeding.  By the end of the interview / consultation you should assess whether or not you feel like you got a good sense of the attorney and that he or she is a genuine yet knowledgeable practitioner that you could see representing you.

Generally speaking, I call this the "KLT" Test.  At the end of the interview do you feel that based upon the length of the meeting that you "Know" . . . . "Like" . . . . and "Trust" the divorce attorney such that you can see him or her representing your interests in a knowledgeable and positive manner before the Rhode Island family court.

If your answer to the KLT Test is yes . . .yes . . .and yes . . . and if the retainer and fee arrangement to retain the attorney are comparable to other attorneys you have interviewed and the attorney regularly practices before the Rhode Island family courts then it's very likely that you have a good attorney to represent your interests.

Having the Right Rhode Island Divorce Lawyer on your side makes ALL the difference!

Rhode Island Divorce - The Confusing DR-6 Financial Form

If you're in a Rhode Island Divorce proceeding you'll be introduced to a form known as the DR-6.  This form requires you to provide a variety of financial information.  It must be filed in any new divorce proceeding in the Rhode Island Family Courts and most people find it to be one of the more annoying tasks of their divorce.

The DR-6 Form that you MUST file at the time of your Rhode Island Divorce Complaint filing is your Statement of Assets and Financial Obligations.  It is usually a single page with front and back that must be completed.  The front side of the form contains your assets and income and the back side of the form contains your expenses and your debt.  Typically it has been understood that you only put your specific information on this form.

For instance, on the front side of the form, for income you would put your income if you are employed or any income that you receive personally.  You would not put down your combined income with your spouse.  In a Rhode Island Divorce is it important that the family court judge has a picture of what your income is in the marriage and what assets you have or that you claim an interest in now that your marriage has broken down.  This assists the court by giving information that the judge may consider pertinent in making an equitable distribution of the marital estate between you and your husband.

The top portion of the first side of the DR-6 Financial Form / Statement of Assets and Liabilities is typically covered by simply transferring the information from a weekly, bi-weekly or monthly paycheck into the various boxes that match up between the form and your paycheck.

The remainder of the front side of the DR-6 financial form seeks information about health and life insurances, bank accounts and assets such as a the value of your home or other real estate, tangible property, retirement accounts (i.e. 401k, 403b, IRA's, Pensions) and motor vehicles.

Other than the income portion of the front side of the DR-6 the remainder of the form seeks information that may overlap.  For instance, if you have a joint bank account with your spouse you would put this account down and how much is in the account because you both "own" that bank account as an asset.  However, it would be wise to note on the form that it is a "joint" bank account.  If you are approximating the value of anything, you may wish to put the notation "approx." beside the number or "best approx." for your best approximation as to what you believe the value may be.

The reverse side of this necessary form in your Rhode Island Divorce form is the expenses and expenditures information.  This provides information regarding your current financial picture.  In other words, specifically what you are currently paying. 

The back of the DR-6 form is frequently misunderstood with good reason.  Many people fill out multiple columns since there are columns for weekly, bi-weekly and monthly on the form.  This happens even though the form indicates that you should select only one column.  One column should be selected and everything calculated based upon that single column.  Thus, you should calculate everything down to monthly, weekly or bi-weekly . . . whichever works best for you.

The bottom of the form gives a final calculation box the indicates the minimum amount of monies you need to meet your obligations.  This is what often confuses clients because it seems to tell them that they should put in everything that they might be responsible for, OR everything that has their name on it as an obligation, OR even a portion of everything they claim to have an interest in that has a payment on it.  The fear is that the judge will order the client to pay additional things that they haven't factored in to their DR-6 form and it will leave the client without monies to pay them.

Rhode Island divorces are hard enough without you having to stress over a confusing form.  This form is intended to be updated throughout the divorce process as often as necessary to keep the court up to date regarding the changing financial circumstances of each party.  It has been used by Rhode Island family court judges to help make suggestions regarding the equitable distribution of assets as well as a reasonable apportionment of debt between the parties.  It is also used to determine income for purposes of child support.  The form may also be very useful in determining whether the income and debt obligations between the parties support a possible determination by the court that there should be a deferred sale of the marital home if there are minor children of the parties and the income and assets of the parties is sufficient to sustain the home with the parties residing separately.

The DR-6 form can, and often is, confusing.  It is not something that clients truly need to stress over.  Just take the time to indicate your current financial picture, give your best approximations where exact figures are not possible and/or the information is not available and make sure you notify your attorney and update the form if your financial picture changes.

My business isn't divorce.  It's guiding you to a brighter tomorrow!

Rhode Island Divorce - The After-Acquired Property Blooper!

It's important to be informed in your divorce proceeding and to ask your attorney every question possible about your divorce.  In particular you should ask your divorce lawyer to explain to you everything that you don't understand. Though it does not frequently become an issue because a good lawyers will know that most seasoned practitioners will not make an issue of it, . . .the  "after-acquired property clause" can be a hidden blooper if a substantial asset arises that neither party anticipated and the spouse who didn't acquire the property now wants a portion of it.  This is perhaps best explained in the context of this divorce example.


Shannon files an action in the Providence Rhode Island Family Court seeking a divorce from her husband Louis who likes to gamble a bit too much by buying 50 lottery tickets each week.   Louis occasionally wins $50 but has never won more than $100. 

Shannon and Louis each hire their own attorneys. 

Shannon wants a male attorney who focuses his practice in the area of divorce and family law.  We meet and she wants to engage me as her attorney to protect her interests in the divorce.  Shannon seems pleasant, non-psychotic and fairly reasonable about her expectations for the outcome of her divorce.  Shannon doesn't have a significant amount of money so I discount my fee to help her out and I agree to represent her.

Louis calls around and then meets with Attorney Schnoz because he was the one who gave Louis the lowest telephone estimate for an uncontested divorce and Louis expects the matter to be easy and uncontested.  Attorney Schnoz generally handles mostly collection cases and evictions but will also takes the occasional uncontested divorce.

Shannon and Louis are very reasonable and with my help and Attorney Schnoz we are able to reach an agreement regarding settlement.  There aren't many assets and very little debt so we agree to simply have Shannon and Louis testify about the substance of the agreement and we simply put it on the record before the Judge.

On the hearing date everything goes smoothly but nothing is mentioned about property acquired after the divorce hearing but before the entry of the Final Judgment of Divorce during the testimony.  Additionally, nothing is put in the court's temporary order about how how property acquired after the divorce hearing will be handled even though the party remains married until the final decree enters.

Three days before the final decree can enter Louis purchases a lottery ticket.  On the first day that the Final Decree of Divorce can enter by law Louis watches the news and finds out that he holds the winning ticket for the Lotto Bucks and has won $3.7 million dollars.  He calls Attorney Schnoz to let him know that he won the lottery.  Attorney Schnoz realizes that the Final Judgment may enter and runs over to the court to have the Judge sign the Final Decree of Divorce.

Louis is thrilled because he never had this much money in his life.  Louis gets a call from Attorney Schnoz who tells him that he is now officially divorced and that he can come in pick up a certified copy of his Final Decree of Divorce.  Louis runs over to get his copy and offers to bring a copy to Shannon, supposedly out of courtesy. 

As soon as Shannon returns to her apartment he hands her a copy of the Final Divorce Decree and holds up the lottery ticket.

Louis:  "You just made the biggest mistake or your life by divorcing me.  As of this morning I'm worth a cool 3.7 MILLION DOLLARS.  Have a nice life."

Louis leaves and Shannon gets on the phone to let me know what happened.  I run out to the court and get a certified copy of the time stamped and entered copy of the Final Divorce Decree.

Two days later Attorney Schoz and I are before the court again on Shannon's Emergency Motion for Restraining Order.   Louis is furious.  He has a Final Divorce Decree and his position is that she is not entitled to any of it. 

My position for Shannon is straight-forward.   Shannon needs to have the ticket held by the court and that the funds coming from the ticket should be deposited in to the court registry until the court decides what should be done with them.  Attorney Schoz is a bit dumbfounded and argues for Louis that the divorce is final and therefore there is no reason for this. 

Judge:  Counsel, may I hear your argument as to why your client claims the lottery winnings are his alone.

Attorney Schnoz:  Judge, he only has a ticket.  Nothing more.  What does she want?  The $10.00 it cost for half the purchase price of this $20 ticket?  If that's the case we'll give her the $10 right now but she certainly isn't entitled to any winnings from it.  My client paid for it himself.  He picked the numbers and he hasn't even received any monies from it at this time.  In fact, this ticket isn't worth anything until it is verified as a winning ticket and they pay out on it which probably won't be for another 45 or 60 days.  By that time he will have been divorced from this woman for 2 months after the ticket has matured into an actual payout.  The law is fairly clear that an ex-spouse isn't entitled to anything he gets after the divorce.  The funds belong to Louis.  Shannon as his ex-wife has no entitlement to them.

Judge:  Okay.  Now Mr. Pearsall let me hear from you.  How is it that your client claims she is entitled to any of these monies in light of that.

Attorney Pearsall:   Thank you your Honor.  I think my brother has missed the point here a bit.  This marriage broke down substantially because of her husband's gambling and excessively buying these lottery tickets.  He squandered their money on the lottery and my client bore the brunt of that.  She finally had to divorce him, in part, because of it. 

The husband purchased this ticket a full week before the lottery drawing that revealed he had a winning ticket.  When we had the hearing in this case we put the agreement of the parties on the record of the court.  Nowhere in that agreement did my client agree that any property acquired by her or her husband up to the time of the Final Decree would not be part of the marital estate. 

This man had an attorney, we all knew he continued to buy lottery tickets and there was always the chance that one of those tickets could be a winning ticket.  If Attorney Schnoz and his client wanted any winnings by the husband to be exclusively HIS then there should have been something insisted upon in our agreement that any property acquired AFTER the hearing date was solely the property of the person who acquired it.  Without that agreement, the ticket became part of the marital estate at the time it was purchased and my client is entitled to half of its value. 

In fact, the ticket matured when it was announced as a Winner in the morning on the day the Final Decree of Divorce entered.  The husband and his attorney knew of this and rather than filing a new DR-6 Financial Form to disclose to the court and his wife the new information as to this asset, as is required by family court procedure, they presented the Final Divorce Decree and had the court sign it. 

The husband then proceeded to throw it in my client's face only hours after the decree had entered as a little dig that she shouldn't have divorced him.

With all due respect to Attorney Schnoz, the ticket is an undisclosed asset of this marriage.  Under prevailing case law and procedure, my client was entitled to disclosure and is entitled to make a claim for part of the proceeds of that ticket because the ticket was purchased prior to the entry of the Final Decree of Divorce.  Absent any agreement to the contrary it is part of the marital estate and subject to division by this court.

We request that since the Husband is prone to gambling that the ticket be placed in the Registry of the Court to be held until it is paid out and that the monies also be paid into the Registry of the Court until the court determines how they should be divided by the parties.

Judge:  Thank you. 

Judge:  Attorney Schnoz, do you disagree that there was no after-acquired property agreement or that your client purchased the ticket before the Final Decree was entered?

Attorney Schnoz:  Well . . . no your Honor but the point is that . . [interrupted by the Judge]. . .

Judge:  Thank you Mr. Schnoz.  I'm prepared to issue an Order.  Since the parties did not have an agreement prohibiting any claim of property acquired by either of them between the hearing date and the entry of the Final Decree of Divorce and since it is conceded that the Husband bought the ticket prior to the entry of the Final Judgment, I find as a matter of law that all Lotto Bucks tickets purchased by the Husband prior to the entry of the Final Divorce Decree are marital assets subject to disclosure and are subject to this court's power of equitable distribution, including any and all proceeds derived from those tickets.

Judge:  (continuing)  . . . Attorney Schnoz, I am ordering that your client provide that ticket to you and that it be deposited into the Registry of the Court today.  I am also ordering that any funds that result from that ticket are also to be deposited into the Court's Registry and the ticket shall only be released to the parties necessary in order to secure the release of the winning funds.   

Mr. Pearsall, kindly submit an order to that effect.

Attorney Pearsall:  Yes your Honor.

This particular scenario is not typical.  However, after-acquired property issues occur frequently.  The issue is typically whether a claim should be made for any after acquired property if there is no agreement that the parties shall each simply own their own property that they acquire free and clear of any claim of their soon to be ex-spouse.

If it isn't clear, after-acquired property is property of any kind that one or the other spouse acquires typically after either the date of any property settlement that is agreed to in writing and intended to settle the distribution of the entire marital estate (all the debts and assets) or after the date of the nominal divorce hearing . . . but in both cases before the date and time of the Final Divorce Decree.

Parties often make the mistake of thinking that uncontested divorces are always easy, non-problematic and should not cost much.  As you can see, just one issue in this case made a big difference for Shannon.  An attorney needs to be prepared to address the same legal issues that occur in a contested divorce matter as those which appear in an uncontested matter.  The legal responsibility for the attorney is no less great in an uncontested matter as in a contested matter.

In this case, Attorney Schnoz quoted Louis the lowest rate of all the attorneys he called, yet his price shopping for the lowest rate in this particular case secured him a lawyer that probably lost him 50% of 3.7 MILLION DOLLARS.  Depending upon his temperament in this case, Louis might consider whether he can sue Attorney Schnoz for legal malpractice for not anticipating that an after-acquired property clause should have been included for his protection in his divorce settlement.  However, given the track record Louis had with winning tickets, the chances that his claim would prevail against Attorney Schnoz might be minimal.

Do you really know your rights regarding marital assets?

Would you have seen this issue coming?

Uncontested simply means you are not fighting each other on every little thing.

It does not mean that you don't have legal issues!  The two are often confused.

My business isn't divorce.  It's doing whatever I can to get you successfully to a brighter tomorrow!

Father's who sing the Rhode Island Child Support Blues.

It's not uncommon for men to be picked up on bench warrants issued by Rhode Island Family Court Judges for their failure to show up at court hearings or because they are not paying their child support.

Yet each story is different.  Some men deserve a break.  Some are unskilled.  Some fall on bad luck.  Some are injured or depressed for reasons that may be directly related to their family issues.  And yes. . . some are just plain lazy and are doing everything in their power to avoid their child support.

Identifying the fathers who shirk their responsibilities is not that difficult.  They sing a little tune I like to call the Rhode Island Child Support Blues.  The key may be a little different or the pitch but it is essentially the same.

Judge:  Sir, tell me why I shouldn't keep you at the Adult Correctional Institution for not paying your child support.

Father #1:  Well judge I've been looking for work but nobody wants to hire me.

Father #2:  Judge first I was laid off and then I got locked up on a bum wrap and I just got out.

Father #3:  I can't do any more than I'm doing judge.  I have four other children that I have to try to pay for too and I can't find a job.

Most of the time the excuse is that they indicate that they "have been doing everything possible to find a job but no one will hire them". 

But there's a refrain to that tune.  In today's market, there is an endless opportunity to make money.  Some fathers walk away with a child support obligation as little as $10 a week and still complain that it's not something they can manage.

In several court hearings, I take the opportunity in these types of cases to let the judge know that I can teach the father how to make an additional $30 to $50 more per week with very little effort and little or no money.

Without further excuses, these fathers must make their payments.

Divorce isn't easy.  I know.  I've been there.

My business isn't divorce or child support or child custody.  It's my job to help you reach a brighter tomorrow!

A Divorce Lesson on Valentine's Day.

Parties in a divorce who are angry at their spouse can take a lesson from Valentine's Day that should give most people some food for thought. 

Many divorces begin and often end with hard feelings.  One or both parties may feel jilted or unloved by the other spouse.  Sometimes it may be the case that one spouse or the other has fallen out of love with their mate or perhaps has found someone else.

The lesson is a simple one.  If your spouse is divorcing you then it is pretty safe to say that they are doing so because they believe they will be happier taking their life in a different direction, either alone or with another person. 

If you are upset and angry at your spouse, take a moment to think about why you are angry.  Are you angry because you feel rejected?  Are you angry because he or she has found someone else?  Are you angry because he or she have chosen to continue their life without you as their spouse?

Consider this.   Do you truly love your spouse or do you remember a time when you did?  Then it may help for you to take take a lesson from Valentine's Day and apply it to your divorce.

If you love your spouse or at one time you loved your spouse, if you truly loved them then wouldn't you want your spouse to be happy even if that happiness wasn't with you?  Or do you only love your spouse only as long as your spouse remains with you?

Divorce isn't easy.  I know.  I've been there. I know the feeling of hurt and I know when you truly love, you also know when you need to let go.

My business isn't divorce.  It's my job to get you successfully beyond divorce. Sometimes the happily ever after doesn't happen on the first try as much as we might wish it would.