Rhode Island Divorce Tips

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This isn't an article of any real divorce substance. Rather it is something dreams are made of.

I remember sitting on my grandmother's couch as she watched me and my mother went off to work during the summer. I wasn't the kind of kid who was creative then so I gravatated to whatever was hanging around. For me it was comic books. For whatever reason, my grandmother liked comic books. Perhaps she bought them to keep me entertained.

Whatever the reason, I remember my introduction to Superheros such as Batman, Superman, Thor, Spriderman and The Green Lantern. As a young child they were the things legends and dreams were made of and I quickly developed a dream of wanting to help people in an ununsual and almost superhuman type manner.

Of course reality has a way of setting in as we get older and I soon learned little differences between myself and Superman. I am limited by gravity and the laws of physics and Superman was not. Yet I still dreamed of making a big difference in the world. Have I made it yet as a Rhode Island Divorce Lawyer and Coach, perhaps.... but I doubt it.

As age creeps up on me and my Rhode Island Divorce and Coaching practice continues, I wonder when my moment might come.

Many of us have bad days. Friday was one such day and I wasn't feeling too good about myself. Surprisingly I received a particular Facebook email that changed my thoughts from my difficult date of Rhode Island Divorce practice to thoughts of my youth and making a difference.

A new Facebook friend emailed me to tell me that while checking in on Facebook her young son of 7 or 8 was standing behind her as she clicked on my Facebook home page. It presented pictures of my younger days. It was a time when I was in good shape and had a different hair style.

Suddenly the mother was pushed aside by her young son who had been peering over her shoulder. Pointing to a picture of me he said, "Mom, I can't believe you didn't tell me that you know IronMan!" My female facebook friend immediately sent me a Facebook email and told me about the mistaken identity.

Although it was clearly a mistaken identity, I recalled clients who have thanked me and called me their hero for getting them their son back or resolving vacation visitation or settling their divorce faster than expected. Many of us want to be heros in many different ways. Yet maybe we are but we're just missing those moments and dismissing them.

I always wanted to be a hero. To some people maybe I have been a hero. For a few seconds I was a true hero for a young little boy with a true joy and excitement that his mother knew IronMan. For all of 10 seconds I helped a child to believe in someone true, honorable and good in a world that can be very much the opposite when see other sides of it.

Though I've tried to embody all that is true, honorable, honest, good, and noble in this world, to feel like a hero even for a split second is truly a gift.

Yet it reminded me of those younger days and I remembered. Dreams do come true. Maybe not when we'd like them to. Maybe not for as long as we'd like them to. Maybe not in the way we'd like them to. But dreams do come true.

In one shining moment this little child reminded me of all the good I have done for people in over a decade working with children and spouses in need of my help and yes . . . for all of 10 seconds I was IronMan!

Thank you Joey (for lack of his real name) for brightening my day and making a lifelong childhood dream come true.

Whatever you do, divorce or not, remember to dream.

[ Please note that this article was re-written correctly. It was accidentally posted in its previous form on my RhodeIslandDivorceTips.com website due to an autosave function when I passed out on my bed after a very grueling day and the computer finally ran out of power on my lap at 1 a.m. or so. Admittedly I learned that even 10 second superheros need to sleep. ]

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One Reason Rhode Island Divorce Lawyers Bill Against Retainers Provided by Divorce Clients?

May 06, 2011

Rhode Island Divorce lawyers have strayed away from being good-hearted and accepting payment arrangements and smaller retainers from divorce clients.

Why?

Well, one reason is far from greed. This story explains one major reason why most Rhode Island divorce lawyers bill against retainers and more and more are asking for larger retainers.

* * Attorney Goodheart's Story * *

Attorney Natalie Goodheart was an experienced Rhode Island divorce lawyer. When Clementine D. Vorce called Attorney Goodheart and explained her story, Attorney Goodheart was appaulled and entered into an agreement to represent Clementine for roughly a 40% reduced hourly rate.

Attorney Natalie Goodheart was true to her name and didn't hold Clementine strictly to their written fee arrangement. Instead, Attorney Goodheart focused on Clementine's needs rather than her own pocket and wasn't sending her a bill every other week despite the mounting hours because Clementine's needs were more important.

It was not your typical case. Sydney had filed suit claiming that he and Clementine were married. Clementine's position was that she wasn't married to Sydney. Yet Attorney Goodheart believed that Clementine was correct when it clearly appeared that Sydney simply was angry the relationship was over and wanted part of Clementine's assets despite his failure to contribute substantially to those assets during their relationship.

Unfortunately this particular Rhode Island divorce case became more difficult as it continued. This was not due to Clementine but due to Sydney wanting more and more from Clementine's assets.

Attorney Goodheart's work hours started mounting up on the case so from time to time she was forced to ask Clementine for a payment against all the hours that hours she was working.

Still, the Rhode Island Divorce attorney kept working for Clementine sometimes without asking for a payment for months despite the increasing hours.

Finally, Sydney forced the Rhode Island divorce to a trial. Attorney Goodheart warned Clementine that a Rhode Island divorce trial would be costly to prepare for and undergo and could cost between $10,000 and $20,000.

Attorney Goodheart and Clementine had already made several offers to resolve the issues present in the case but they were rejected. Clementine was understandably fed up. Clementine informed Attorney Goodheart that she would rather pay her to fight through the Rhode Island divorce trial than to make even one more offer to resolve the case.

Attorney Goodheart prepared extensively for the trial and unlike many cases this was a common law marriage allegation so in the end there would be a winner.

When the dust cleared Attorney Goodheart had won for Clementine. The Rhode Island Judge found there was no marriage and denied and dismissed Sydney's claims.

Attorney Goodheart's prepared the final bill for her representation at the reduced amount of 60% of her normal fee. In addition, she decided to offer to write off another $4,000 if Clementine paid the bill in full in 30 days.

Clementine's response was not the positive one Attorney Goodheart expected, especially in light of their "win" at trial.

Clementine offered to pay Attorney Goodheart 40% of the entire bill as payment in full. Attorney Goodheart was upset by her client's inability to realize what she was already offering yet she agreed to meet Clementine halfway by writing off approximately 50% of her bill.

Attorney Goodheart was astounded by the response. Clementine once again offered Attorney Goodheart the same offer after picking apart the Rhode Island Divorce attorney's performance during the case and the trial and clearly indicating that Attorney Goodhearts services were only worth 40% of the entire bill.

In the end, Attorney Goodheart decided that she wasn't about to let that much work go unpaid. A Notice of Appeal to the Rhode Island Supreme Court was filed and Attorney Goodheart terminated the attorney/client relationship and gave notice that she intended to collect on the entire debt.

This is on reason why Rhode Island Divorce lawyers bill against retainers and are more and more being less "Good-hearted" and requiring higher retainers.

There are many people who don't pay their divorce lawyers for the good work they do, even when their fees are reduced and the divorce lawyers agree to take a big hit on their fees.

Several Rhode Island attorneys who had the tendency to be "good-hearted" have shared with me that being "good-hearted" just landed them 3 times more clients that don't pay them than the ones that do and their receivables were huge. These attorneys lost several times more money than they make without the ability at tax time to reclaim any of their unpaid hours which may be lost forever.

Many RI divorce lawyers have learned that being good-hearted often leads to bankruptcy because the lawyer needs to be paid and good intentions of clients don't pay very many bills.

The fact is, many lawyers are not fat cats with condos, summer homes, boats, planes, large bank accounts, etc..... Some attorneys make much less than clients simply because clients won't pay a good-hearted attorney's bill.

Clients who don't pay their divorce attorneys cause a circular pattern which increases fees and causes rates and retainers to rise.

Perhaps derrogatory jokes about lawyers should end and jokes are more appropriate for the deadbeat clients who cause the polycentric problem of higher retainers and rates that attorneys need to charge to survive.

Yet for those of us who retain an optimistic hope, we are willing to work for a reasonable legal fee for clients who will actually pay our bills.

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.

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Women's Rights for Divorce in Rhode Island

May 05, 2011

Divorce Article: Women's Rights for Divorce in Rhode Island

By Geoffrey St. Marie, eHow Contributor
Updated: May 04, 2011

In Rhode Island, many of the laws are consistent with those of other states in regards to filing divorce, alimony, child custody and child support enforcement. Nonetheless, discrepancies and the unexpected statute may vary your options.

An initial step is to decide if you deem fault to reside in your spouse's behavior or attention to the marriage.

Filing

Women have the right to file for a divorce in Rhode Island. They are entitled to two primary options: filing a fault or no-fault divorce. In the latter case, the women needn't prove significant wrongdoing on the part of their spouse and may cite irreconcilable differences as the motive. In the case they file a fault divorce, they must substantiate one or more criteria for the separation. In Rhode Island, these include but are not limited to consistent substance abuse, extreme cruelty, failure to perform sexually, sustained desertion and/or neglect and adultery.

Alimony & Insurance

Women, in certain circumstances, have the right to collect alimony after a divorce settlement. The court's considerations will include everything from the woman's employment prospects to child care to the length or duration of the marriage. Other assets and property may also be accounted for in the award. In terms of health insurance, Rhode Island entitles neither spouse to a continuation of benefits after the divorce has been completed. The only exception may be when military benefits are involved rather than those private policies typical to most households.

Child Care & Custody

Rhode Island law does not specifically identify the women or mother as the designated guardian by default. It must be established that that is in the child's best interest. The court, after deciding upon the primary guardian or custodial parent, will lay out visitation rights for the other spouse or deny them if the situation merits it. The mother is entitled to court prescribed child support amounts, which can be amended later if circumstances demand it on either side. If you sense or know that child support is being withheld from you, contact your divorce attorney as soon as possible to gain recourse through state authorities.

Bizarre Law

In a truly outlandish RI divorce case in 2007, the husband tried invoking an archaic state law that allowed the husband in a divorce trial to act as his wife's counsel. Ostensibly, the law also afforded the wife the reverse right. The husband then attempted, on this basis, to fire his wife's attorney in order to replace him. Such an appeal had no precedent in state history, and the motion to fire the wife's attorney was rejected by the state magistrate. The ultimate reading of the law suggested that only when the wife either desires such an arrangement can it actually be forcefully applied.

References

Photo Credit: Pixland/Pixland/Getty Images;

Read the Original Printing of the Article at eHow at: Women's Rights for Divorce in Rhode Island | eHow.com http://www.ehow.com/info_8352037_womens-rights-divorce-rhode-island.html#ixzz1LTQaQFS3

My personal thanks to the eHow Contributor for giving proper credit to my recent article on Rhode Island Health Insurance. eHow continues to be an excellent and fairly accurate source of helpful information to internet citizens looking for some direction in all areas of society.

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Who is Responsible for the 2nd Mortgage in a RI Divorce? - A Question for the RI Divorce Coach

May 02, 2011

QUESTION

My husband and I co-signed on a second mortgage for a business loan. Our son is now divorced and his ex-wife and 2 children live in half duplex. Our son got nothing out of this property in the divorce. The ex-wife defaulted on the second mortgage. Who is responsible for this second mortgage?

ANSWER

Since you mention nothing about a marital settlement agreement or a Final Judgment of Divorce determining who must pay the second mortgage, then I will only provide information based upon what is stated. Whoever is on the second-mortgage as either a borrower or co-borrower on the 2nd mortgage is legally responsible to the holder of the 2nd mortgage despite any orders issued by the Rhode Island Family Court.

Should you need further advice, please feel free to contact me for an affordable advice and coaching session to provide you with the important information you may be need to make crucial decisions regarding a liability such as this and the impact any court orders may have on any individual's obligations under a Rhode Island Family Court Order.