Rhode Island Divorce Tips

[Excerpt by Dan Hart of the Cincinnatti Enquirer] 

Even when Catherine Zang was home alone, her husband was watching.

A hidden video camera tracked her movements inside parts of the couple's Green Township home. A microphone behind a wall recorded sound in the living room and kitchen. Software in the computer copied her emails and instant messages.

The secret recordings went on for months, maybe longer, Zang believes. In that time, she thinks her husband spied on her day after day while she talked on the phone, sat on the couch or used the computer in what she thought was the privacy of her own home.

...

[Additional Excerpt by Debra Cassens Weiss of the ABA Journal]

A well-known Cincinnati lawyer is among the defendants in two federal privacy lawsuits filed by a woman and her online friend claiming the attorney intended to use secret surveillance in divorce proceedings.

Plaintiff Catherine Zang alleges her then-husband, Cincinnati home builder Joseph Zang, spied on her with a hidden video camera and microphone, as well as computer-tracking software, the Cincinnati Enquirer reports. Catherine Zang and the friend, Javier Luis, seek hundreds of thousands of dollars in damages for wiretapping and invasion of privacy.

Catherine Zang says she discovered the devices in 2009 after her husband’s divorce lawyer, Mary Jill Donovan, revealed she had evidence portraying Catherine Zang in “unflattering, embarrassing and private settings,” the suit says. The complaint claims Donovan intended to use the evidence to obtain a favorable settlement for Joseph Zang.

 . . . . 

At issue in the suit is the reach of federal and Ohio federal wiretapping laws, the story says. The laws permit audio recordings as long as one of the parties is aware of the recording. Catherine Zang argues near constant surveillance was not permitted under the laws, however, because her husband wasn’t always at home during the taping.

Surveillance between spouses is becoming more common, according to Ken Altshuler, president of the American Academy of Matrimonial Lawyers. “There’s absolutely been an increase in this,” he told the Enquirer. “They have very sophisticated technology now.”

QUESTION:

I live in Narragansett, RI and I'm going to be filing for divorce soon.  My husband makes twice as much as I do.  How do I figure out how much alimony I am entitled to under Rhode Island law?

Overwhelmed Wife

ANSWER:

Dear Overwhelmed Wife:  

Rhode Island law doesn't provide any specific calculation for determining alimony.  Alimony is either agreed upon by the parties or it is determined by the judge after a full trial.  Also, there isn't an informal formula that Rhode Island lawyers or judges uniformly use to determine the amount of alimony a party should be entitled to get or for what period of time.  Alimony is addressed on a case by case basis and attorneys make various arguments for how much or how little a party is or should be entitled to.

Keep in mind that Rhode Island alimony is intended to be rehabilitative and not to balance the two parties' incomes or keep you in the lifestyle to which you are accustomed.

All My Best to You on Your Journey Through The RI Family Court,
Attorney Christopher A. Pearsall - "The Rhode Island Divorce Coach"™ 
 

I'm an Affordable RI Lawyer focusing my practice exclusively in the area of Rhode Island Divorce and Family Law.  

Call me for your reduced-cost advice session at (401) 632-6976. 

I am here to help when you need me.

I'm not sure if many people see the trend that is happening in the Rhode Island Family Court today.  If I were to take a good guess I'd say at least 65-75% of people are representing themselves in their own divorces.

That's huge folks.  They are doing everything from filling out the papers to going to the hearing and trying to get through it by getting a judge who is going to help them through it by having them answer a few basic questions or at least what the judge might be able to figure out are the issues between the parties when they are in his or her court.  Then the people get the fill in the blank forms from the clerk's office and they fill them in very simply because they aren't really concerned about the future because it's all over with, right?

Sorry folks, that's the wrong approach.  Out of those 65-75% of people doing their own divorces I'd be willing to stake my license on that fact that 5% or less of those people will even get it 1/2 way right so they don't have a mess in the future.

Remember, if you're married, you get one shot at this divorce thing and resolving your issues.  If you screw it up, don't think that it's going to be easy to undo it later or that the judge is going to help you after the divorce is over.

Once you've made you're bed you're going to have to lie in it.  Using some pretty good guesswork here I'm almost certain that at least 50% of these people are going to be back in court later on in life trying to fix something from this divorce they did now by taking the easy way out.

What's the easy way out?  You take the easy way out when you do it yourself and you get no advice throughout the process from a lawyer who practices divorce law in Rhode Island.  

The judge isn't there to help either party.  A judge does just that... they judge.  They make decisions.

Did you know that if that judge doesn't include something and you don't stop him or her and say "Judge, we need to include something about my health insurance ...." or whatever your issue may be, then you are now trying to tread water in cement shoes.  You've just blown it.

Folks, not getting the advice of a lawyer for your divorce from someone who knows what they are doing and doesn't cost all that much or want thousands up front is foolish.  It's like taking out money from a high priced loan shark who means business and then just expecting that if you disappear into the woodwork that there won't be any payback.  

Things may look easy now and you may be thinking you are getting through your divorce just fine, but there are literally thousands of issues in divorces and 50% of these people are going to be back and filling up the the courthouse with Post-Judgment Issues galore.

I've made it easier and more affordable for people to be informed and make sure they handle their divorces right the first time!  While no attorney can guarantee that any divorce result will be perfect so your ex-spouse doesn't try to take you back to court later, the chances are one heck of a lot less than these poor 50% who just want to save a few dollars and have heard that a judge will help them through the hearing.

Perhaps people will get the picture if I take time in my next attempt to list just some of the hundreds and even thousands of legal issues that arise in divorce and perhaps people will see the concern that I do for these people who go forward without any legal advice at all.

All My Best to You on Your Journey Through The RI Family Court,

Attorney Christopher A. Pearsall - "The Rhode Island Divorce Coach"™ 
 

 Affordable, Experienced, Caring and here to help you when you need me.

Call me for your reduced-cost advice session at (401) 632-6976. 

As lawyers I've had my fair share of tussels with attorneys who are both male and female as well as members of the judiciary to the highest level.  As lawyers we are expected to act with a level of civility toward our colleagues that reflects the dignity and respect our profession is meant to engender between each other and to the public.

Yet where do we draw the line when civility is taxed to a level of intolerance.  As a lawyer it's my job to protect my client's rights but as a lawyer I've come to the conclusion that sometimes the bounds of civility must give way to a greater good . . . the desire for truth and the prevention of denigration of the human person be they the client or the lawyer.

In the past year I have reached my limit and come to several conclusions that are worth expressing for the benefit of clients, lawyers and the judiciary.

THREE NEW PERSONAL BOUNDARIES

1.  If it means that the line of civility must be crossed to protect the dignity, rights or privacy of a client, then over the line I'll go.

2.  If another lawyer breaches the line of civility with or without just cause, I will reserve myself to the extent possible and rise above the lack of civility by a member of my own profession.  Yet in cases where a  lawyer, judge or magistrate crosses the line and resorts to public acts of incivility, denigration or humiliation without cause then I will call that person's incivility to his or her attention publicly and "on the record" when called for in order to call the person's lack of civility to their attention.

3.  When a lack of civility evidences a bias against a client or against me as a member of the bar then once again the civility will not be tolerated and will be called publicly to the attention of the lawyer, judge or magistrate who crosses the line.

Ultimately, civility has its place and it has its limits and while the Rhode Island Code of Conduct is intended to guide us as lawyers, it is not a license to belittle others be they lawyers, clients or judges.

All My Best to You on Your Journey Through The RI Family Court,

Attorney Christopher A. Pearsall - "The Rhode Island Divorce Coach"™ 

 
I'm an Affordable Providence County Family Law Lawyer and I am here to help you if you need me.

Call me for your reduced-cost advice session at (401) 632-6976.

Effective today, October 9, 2012 the following changes are being imposed at the Rhode Island Family Courts regarding filing fees, copies, etc...

The cost for the folliowing copies will be as follows:

1.  Exemplified Copies - $25.00 each.

2.  Other than a single Certified Copy of Final Judgments of Divorce which will be provided to a party at the time of entry of the Final Judgment if the party or the party's attorney is at Family Court or the Final Judgment has been mailed into court for entry and a Self-Addressed Stamped Envelope is provided for the return of a single Certified Copy of a Final Judgment, all other Certified Copies of Final Judgments will cost $25.00 each.

3.  Other than a single Certified Copy of an Adoption Decree which will be provided to a party at the time of its entry at the Family Court, all other Certified Copies of Adoption Decrees will cost $25.00 each.

4.  Copies of Juvenile Records will cost $25.00.  It is unclear whether or not this is $25.00 per page or per file.

5.  The Cost for Administrative Appeal Filings is $120.00 per filing.

6.  For Post-Judgment Family Law Filings a $120.00 filing fee will be required to be paid to the Rhode Island Family Court each time a Motion or Petition which is required to be served on a party pursuant to Rule 4 of the R.I. Rules of Domestic Relations Procedure (i.e. the filing requires the use of a Summons).

7. For the filing of Miscellaneous Petitions in the Rhode Island Family Court, a filing fee of $120 will be required to be paid to the Rhode Island Family Court as well as  each time a Motion or Petition which is required to be served on a party pursuant to Rule 4 of the R.I. Rules of Domestic Relations Procedure (i.e. the filing requires the use of a Summons).

Please note that as of this time there is no formal Administrative Order.  However, these fees are being required and followed by the Rhode Island Family Court Administration.

The days of a one-time re-opening fee of for a case and free certified copies at the court are over and both attorneys and consumers should be aware of these new fees and costs for budgeting purposes.

All My Best to You on Your Journey Through The RI Family Court,
Attorney Christopher A. Pearsall - "The Rhode Island Divorce Coach"™ 

I'm an Affordable Rhode Island Attorney focusing my practice in the area of divorce and I am here to help you when you need me.

Call me for your reduced-cost advice session at (401) 632-6976.