Rhode Island Divorce Tips

I hired a lawyer for my divorce in Rhode Island and my husband was all upset when he got served with papers that said I wanted alimony when I told the lawyer I didn't want alimony.  Why would my lawyer put something in my divorce complaint that I didn't want?

I've heard quite a few people who come to me when they aren't happy with their lawyer right from the start.  Yet as I tell everyone, I don't sugarcoat things.  Invariably I ask why the person is  asking me that question instead of the lawyer that was hired.

Divorce complaints are signed and sworn to under oath by the person who files them.  Therefore, if you are person doing the filing (i.e. the Plaintiff), then you should ALWAYS read your Divorce Complaint and approve of the language that is included in it before you sign it and swear to it under oath.  

With that said, there is often a very good reason for including a request for alimony in a divorce complaint.  Typically, the general rule is this - if you don't ask for alimony in your divorce complaint then it is very likely that the Family Court Judge will take the position that you have waived alimony permanently and you will not have the opportunity to request it later.  

The point?  Your attorney is probably just protecting you.  

However, you should not sign the divorce complaint without asking the question and understanding the answer.  It is NOT acceptable for a lawyer to simply tell you that it is just "standard language" and that it must be included.  That is neither correct nor is it true.  

If you instruct your attorney to remove a request for alimony from the divorce complaint then he or she must do so.  Remember, you are the client.  You need to know your legal rights, your options, your alternatives, and the possible consequences.  You should be instructed by your lawyer on those matters.  However, as the client YOU and not your lawyer should make the decision regarding the language.

Are there other reasons why a lawyer might recommend that you include a request for alimony in your divorce complaint.

Absolutely!  However, that is for another article.

My Very Best to You in Addressing Your Family Law Issues,

Attorney Christopher A. Pearsall "The Rhode Island Divorce Coach."®

Serving Rhode Island Families exclusively in the Rhode Island Family Courts throughout our State for more than 12 years.

Call (401) 632-6976 for your low-cost paid advice session to make sure you know your rights.

My Very Best to You in Addressing Your Family Law Issues,

Attorney Christopher A. Pearsall aka "The Rhode Island Divorce Coach."®

Serving Rhode Island Families exclusively in the Rhode Island Family Courts throughout our State for more than 12 years.

Call (401) 632-6976 for your low-cost paid advise session to make sure you know your rights.