Rhode Island Divorce Tips

Divorce isn't enjoyable whether you're in Rhode Island, Texas, Wisconsin or anywhere else.  Ultimately, however, divorce is substantially a matter of law.  The law of the state or jurisdiction in which you are getting divorced determines the manner in which assets and debts are divided.  Generally, your jurisdiction's laws will also set forth how children will be provided for through child support, medical coverage, etc..

Though my experience with law has been limited to Rhode Island, Massachusetts, Vermont and New Hampshire, one consistent factor has presented itself in each jurisdiction.  Clients and people representing themselves ("Pro Se") often underestimate the value of a good divorce lawyer.

A good divorce lawyer goes well beyond simply knowing the laws of the jurisdiction regarding divorce and domestic relations.  Good divorce lawyers have honed their skills by looking at the details.  It is often said that the "devil is in the details" and nothing could be truer in the case of a good divorce lawyer. 

Divorce can be a complex area of law in any jurisdiction but a lawyer's role goes way beyond knowing the divorce laws themselves.  Experienced divorce lawyers know not just the laws but they are all too familiar with the forms that need to be filed, the timing involved, the philosophies of the judges, the court rules that apply at any given time and laws regarding contractual interpretation and drafting.

Too many people think that divorce lawyers just follow a step by step procedure, submit the right form at the right time, then say a rehearsed set of questions when it comes time to a hearing.  Ahhh . . . if it were only that simple.  As lawyers we don't go through years of schooling to do something as easy as that.  As a divorce lawyer myself in Rhode Island, I do like divorce lawyers all around the world.  I keep up with the law.   I think on my feet.  I try to plan for each eventuality that may occur.  I follow the courts rules.  Most of aIl, I adapt to each client's needs and situation as necessary.

Imagine that you are a divorce lawyer representing Daisy in your home state or country.  You initially meet with Daisy.  Daisy tells you that she thinks her husband Tom, a corporate lawyer, is cheating on her.  Daisy wants to file for a fault-based divorce and wants more than half of everything her husband has.  Daisy mentions that Tom put their house and their summer home into some kind of irrevocable trust to benefit Tom's mentally retarded brother and that somehow her husband is part of a business partnership that was incorporated before Daisy and Tom were married.  Daisy and Tom have been married for 17 years and have two minor children.  Tom has his own business flipping houses for a profit but Tom is the only one who has participated in that business and Tom has contracts for about 9 house sales pending.  Daisy tells you that she doesn't know much about Tom's "house flipping" business because Tom does whatever he wants with the money and Daisy never sees any of it.

What do you need to think of as a good divorce lawyer in this scenario?

First, can you file for a fault-based divorce in your jurisdiction based upon what Daisy has told you?  Can you file a divorce in your jurisdiction based upon multiple grounds?  Do your jurisdictions rules require you to give notice to the defendant husband and/or his lover before you can file using such grounds? 

In your jurisdiction do you know if a fault-based divorce can be used to acquire a greater portion of the assets?  What needs to be proven to establish the fault?

Do you know if an irrevocable trust that holds a marital home in your jurisdiction can shield the property from the opposing spouse?  What if Daisy knew about the establishment of the irrevocable trust and did nothing to stop her husband from making the transfer.  Could she be estopped from asking for part of the marital home?  Wouldn't you need to know the law regarding not only divorce but also estates and trusts?

Daisy mentioned Tom as being in a partnership that was incorporated before they were married.  As a divorce lawyer don't you now need to know if Tom is a partner in a partnership or whether he is a shareholder or a director or officer of a corporation?  Doesn't it sound as though Daisy has her terms confused.  Do you know if it is an asset that you can reach for Daisy in the divorce or whether it's outside the bounds of the divorce laws?  Do you need to have more facts?  Do you need to do more research?

If Tom's business of "flipping houses" began before Daisy and Tom got married and it was "self-funding" thereafter, what can you advise Daisy as to what she may be entitled to?  If you and Daisy suspect that Tom is going to hide the money from the 9 house flips and keep them from Daisy, do you know if you have enough information to get a restraining order preventing the sale of the houses?  Is it advisable for you to stop the sales of the properties?  Can you get an equitable order from the court requiring the performance of the contracts but ordering that the proceeds be held by the court pending the divorce proceedings?

If Tom's business of "house flipping" voids the sales if any third party makes a claim to the proceeds, what can you advise your client to do in the divorce to avoid the loss of any share of the contractual proceeds?

These are just the immediate issues that present themselves on the surface without addressing anything relating to the children, retirement accounts, investments, etc. . .

There are many more issues presented here but this divorce posting would go on for hundreds of pages if every issue were considered.

Good divorce lawyers know that the devil is in the details. . . trust details, transaction details, contract details, legal details, court rule details and much more.  Disregard or ignore the details and you settle either for a divorce flying by the seat of your pants either because you represent yourself or because you have hired a divorce lawyer settling for mediocrity in his or her practice.

That new car smell is the best. The feeling of driving around in a new ride is sensational. But what happens when the experience sours and your new car starts smelling like a lemon?  Rhode Island’s lemon law gives you the right to take action – and turn your lemon into lemonade.  Sergei Lemberg, an attorney specializing in lemon law, offers an overview of our lemon law, and tips to make sure you can take advantage of your Rhode Island lemon law rights.

According to Sergei, Rhode Island Lemon Law covers new and used passenger vehicles, SUVs, vans, trucks, and motorcycles that are sold or leased in Rhode Island. It also covers business vehicles under 10,000 pounds.

Not every new car is eligible for “lemon” status, however. In order to be considered a “lemon,” the defects have to affect the use, safety, or value of the vehicle. In other words, the need for a paint touch-up or a malfunctioning radio won’t cut it. In addition, the defects have to occur during the first year from the date you take delivery of the vehicle or the first 15,000 miles on the odometer – whichever comes first. You also need to have taken the vehicle in for repair four times for the same problem or it has to have been out of service for 30 days for a combination of problems. Sergei notes that, after the fourth repair attempt (but within one year or 15,000 miles), you have to notify the manufacturer in writing of the defect and give them one last opportunity to fix the problem.

Rhode Island Lemon Law says that you must participate in the manufacturer’s informal dispute resolution process (if one exists) or the Rhode Island Motor Vehicle Arbitration Board before you are eligible to file a Lemon Law claim in court. Sergei’s quick to say, though, that manufacturers have teams of lawyers that do nothing but fight lemon law claims, and that you’ll only be on equal footing if you have a lemon law attorney at your side. The good news is that, if your court claim is successful, the manufacturer has to pay your attorney fees. However, the law doesn’t provide for attorneys’ fees for arbitration. That being said, with the help of a lawyer, you can get a refund, replacement vehicle, or cash settlement without having to go through the entire lemon law process – and get your attorney’s fees covered in the process.

If you think you have a lemon, start keeping notes. Jot down every communication you have with the dealer or manufacturer, the times and dates that you have a problem with the vehicle, and the days that the vehicle is out of service, either because it’s in the shop or because it’s not in working condition. Remember to keep all of your work orders, other paperwork, and any written correspondence. It’s also important to contact a lemon law attorney after the third repair attempt. He or she can help guide you through the final steps that will legally establish your vehicle as a lemon.

Authored b:  Lemon Law Attorney Sergei Lemberg

Many people believe that a Rhode Island Divorce Lawyer isn't necessary in a "simple" divorce. 

What is a "simple" divorce? 

Well, different people describe it differently when they call me. 

Some say it's a divorce where they have agreed on "everything" with their spouse so it shouldn't cost much.

Others say, it's simple because they don't have children, no real estate, and they've split up their personal belongings.

Ultimately, even an attorney doesn't know if it is a "simple" divorce until it is done because legal issues arise along the way frequently. 

As Rhode Island Divorce Lawyers it is our job to anticipate as many legal issues as possible based upon the circumstances presented us.  We think on our feet and adapt to legal issues as they arise and as new facts are presented. 

Yet even as divorce attorneys we can't anticipate every circumstance and every consequence that arises as a case moves along.  This would require us to have some sort of clairvoyance that allows us to see every future event that might happen in every case and that's not just a tall order for a good attorney, it's an unreasonable expectation.

But I can understand that many people can't afford even affordable Rhode Island Divorce Attorneys like myself, or they don't see the value we provide and they choose to try to do it themselves.

I've also realized that there are some people that are overwhelmed simply by the process and the documents that must be filed in a Rhode Island Divorce or in a proceeding that is going forward before the Rhode Island Family Court.

So, as a way of helping that last group of people who don't want to use Rhode Island Divorce lawyers for their full case but still need a little help, I  offer a low cost consultation, I can also offer you a price to create the documents you need for your divorce or family law proceeding and you can handle the rest on your own if you like. 

Or perhaps you'd like some advice from a consultation with me together with few documents.  In this way, I can relieve your stress of preparing the documents and knowing what must be filed by making sure you have everything you need. 

I might even be able to assist you with a strategy or two that may help make things easier for you.

It's different.  It's innovative.  Most divorce lawyers won't do it but I will.

A colleague of mine calls it my

Though it may sound funny.  It's fairly accurate.  Skeptical?  Perhaps you'd like to talk to one of my existing clients.  Just let me know.

Are you a parent who pays for work-related child care or daycare expenses for one or more children? 

If so, there is something you should be immediately aware of.  When child support is calculated, work-related childcare expenses are included on the Rhode Island Child Support Guidelines Worksheet and they may substantially affect the amount you have to pay for your overall support for your child.

However, if you look closely at the Rhode Island Family Court's Child Support Guideline Worksheet you should direct your attention to Line 7 of the sheet if you pay childcare / daycare expenses.

First, you should note that child care / daycare expenses must be "work-related" in order to included as a factor on the RI Child Support Guideline Worksheet for calculating the child support paying parent's obligation.  If it is not "work-related", in other words, if it is not reasonably necessary for the placement parent to go to and/or attend work or work-related training, then the childcare cost should not be included on the Rhode Island Child Support Guideline Worksheet as something the child support paying parent should pay.  The idea here is that the childcare / daycare expense should be paid proportionately by the child support paying parent if there is a work-related gain for the minor child as its basis.

Second, you will note that there is a small phrase in parenthesis under the Line 7 listing which states after the words "Work-Related Child Care Costs" which states (actual costs minus federal tax credit).  The Federal Tax Credit is the Child Tax Credit provided for in you Federal Income Tax Returns.

Currently, the maximum Child Tax Credit remains at $1,000 per qualifying child.

Let's use this in an example for the sake of understanding:

John and Tammy are divorced.  They have two children that are placed with Tammy.  Tammy works and pays $140 per week for full-time daycare for one child and $60 per week as child care in an after school program for the second child both of which are needed for Tammy to work full-time to support the children. 

The Rhode Island Child Support system is based upon 4.3 weeks in a month.  Thus, the Work-Related Childcare Costs are $200 x 4.3 weeks or $860 per month which are the actual childcare costs. 

Let's assume that John makes 60% of the total income made by John and Tammy together and Tammy makes the other 40%. 

Now without considering anything more, John will be responsible for 60% of that $860 each month which is $516 per month.

However, if we look at Tammy's tax return then we find that she took the Child Tax Credit for both children and qualified for the full Federal Child Tax Credit of $1,000 per child for a total of $2,000 for the year.

Therefore, John is entitled to have the $2,000 deducted from the actual work-related childcare costs.  Since this was done on a monthly basis we would take the $2,000 and divide it by the 12 months in the year.  $2,000 divided by 12 months yields $167 per month. 

Ultimately then the calculation changes.  The $860 per month is reduced by the $167 per month benefit that Tammy receives from the Federal Child Tax Credit.  After this reduction, the work-related childcare costs goes from $860 down to $693.  So John's contribution goes down to 60% of $693 per month which results in a reduced contribution of $416 per month as opposed to $516 per month.

A tip for any parent who is or could end up paying for childcare costs is to request the production of the placement parent's full tax returns to see if the Federal Child Tax Care Credit has been taken and the placement parent has been allocated the full credit.  This could save you $100 or more per month.

NOTE:  RARELY, IF EVER is the Federal Child Tax Credit calculated which is to the detriment of the child support paying parent.  Keep this in mind, it could save you significant money.

In my involvement of the day to day daily law practice for a decade now I've seen a lot of crap.  Sometimes it just pushes you to the brink.  Day in and day out I deal with colleagues that I can't stand because they have no moral compass.  Their ethical duty to their client and their own paycheck to meet their own expenses seems to be the primary motivating factor in what they do.  It doesn't matter if what they are doing is morally reprehensible as long as it doesn't directly violate our Professional Code of Ethical Conduct as attorneys. 

Unfortunately, morality is more subjective than objective and the Rules of Professional Conduct are designed to form a bare bones template so to speak to keep us within financial and ethical conduct that are generally considered right or wrong based upon either the majority of public opinion or by the comparison of the actions with the possible consequences if the attorney were to violate a particular covenant, such as the commingling of attorney funds with client funds and the possible loss of those funds under those circumstances.

Daily Rhode Island Divorce Lawyers think nothing of violating both ethical and moral standards by misleading the court.  If they can get away with it then the presumption is that it is acceptable.

Sorry Colleages... It's not acceptable to this fellow.  For more than a decade attorneys have urged me to "play the game".  Yet this isn't a game to the clients we represent.  This is their lives!  Is there a more sacred task that we are assigned than to be entrusted with a part of a persons life based upon our skills.

Several attorneys have marvelous reputations.  Yet how did they get them.  In my experience, their reputations are overblown and result not from skill in the process on a moral or ethical level but because they are willing to do whatever is necessary to win a case for their client regardless of whether it is immoral, unethical or beyond the bounds of a reasonable human conscience.

Consider the fact that if I as a Rhode Island Divorce Lawyer I see this conduct regularly.  Yet still I seek to remain within the bounds of my own morality and that of my client while still complying with my ethical conduct.  How might it be to be the only honest lawyer in Rhode Island fighting for a client buried by innuendo and conjecture from a better know attorney whose word is valued more than mine simply by virtue of years of practice before the court.

Where does w Rhode Island Divorce Lawyer wearing the White Hat of justice turn when opposing a system with obvious biases from days long forgotten.  Today is a new era and the court and it's practitioners need to be held accountable for their conduct.  Yet the checks and balances of judges and practitioners seem to rely more upon public opinion than upon whether things are being done correctly by practitioners and judges.

The people of Rhode Island clamor for moral Integrity in our practitioners and in our judiciary.  Will we deliver on the promise.  It is my hope that I am one of several acting as a catalyst to move us in that direction.

Justice is a worthless concept without its practice in our courts and by our practitioners.  Justice needs renewal, not only in family court but in many of our courts today.  Let's end the political backstabbing and jousting for position.  Let's do what is right for the people of Rhode Island and those who come before our court.  The system is not too late to rectify. 

It only took a few good men to write the Constitution of the United States.  Let's strive for the good people we need now to return our legal professions to the greatness it once had.

If I must wage war on those who choose to line their pockets over those who choose integrity first, then so be it!   The consumer needs more people willing to stand for what it right.  So to those divorce lawyers  who line their pockets at the expense of the client's hard earned money, I suggest you think twice.