Rhode Island Divorce and Family Law Attorney | Attorney Christopher Pearsall

Divorce, Affairs, Cheating and Rhode Island Law

Question:  I had an affair before I filed for divorce.  If the judge finds out about the divorce what might happen?

Answer:  Divorce may be based upon irreconcilable differences or may be fault-based under Rhode Island Law.  A divorce case may be filed based upon adultery.  Thus, an affair may play a part in your divorce proceeding.  However, the role the affair may play in your divorce will be directly related to the circumstances and the timing of the affair. 

Consider these two diverse examples:

Example No. 1 - John & Tina

John and Tina have been married for 20 years and have two children. The second child turns 19 and goes off to college.  Unbeknownst to Tina, John has been unhappy for hears and has considered divorcing her for years because they have had virtually no relationship.  However, before John files for divorce he gets a promotion at his job and meets a woman who makes him feel alive again.  He begins to see this woman for two months and then files for divorce and immediately moves out of the house.

In this instance, what role does the affair play?  If Tina discovers that the infidelity began two months before John filed for divorce she might assume that this "other woman" and this "affair" are the cause of the marital breakdown and file a counterclaim for divorce alleging infidelity.  If Tina insists on going forward with the counterclaim for divorce based on adultery, it is possible that her counterclaim will be denied if the family court judge hears John testify that he was unhappy for years and merely stayed together for the sake of their children and it was only by fate that he ran into a woman who made him feel alive again.  If the judge believes John and believes that divorce was inevitable, then Tina should not prevail on her claim of adultery because Tina has not shown the affair was the actual cause of the breakdown of the marriage.

Example No. 2 - Bill & Sheila

Bill and Sheila have been married for five (5) years.  Sheila has been relatively happy with Bill.  He is a good provider, he takes care of her, he talks with her and listens when she needs his ear.  Bill is very supportive of Sheila and encourages her to participate in whatever activities she might like.  Sheila decides to take exercise classes and Bill pays for them.  Sheila ends up with a rather muscular and attractive trainer for her classes.  After working with her personally in the first class Sheila is all excited for her next class.  After her next class Sheila asks her trainer to go out with her for coffee and over the next few hours Sheila entices her trainer to a nearby hotel where they have intercourse.  Sheila begins to become distant to Bill. Bill notices it and continually tries to respond to Sheila's needs. Bill showers Sheila with gifts, takes her on a romantic 10 day cruise, takes her out to dinner more frequently and sends her flowers each month.  Sheila explains that her favorite activity is her exercise class  so Bill continues to pay for it.  Bill After each class Sheila meets her trainer at a different local hotel or motel and continues her affair.  Bill eventually discovers the affair about 14 months into the relationship.  Bill is crushed and files for divorce based on adultery.

In this case Bill's claim based on adultery may be granted because the marital breakdown can be directly related to Sheila's affair with her trainer.

In either case, the family court judge is allowed to consider the conduct of the parties in the equitable distribution of the marital estate, both the debts and the assets. 

In Example No. 1, unless John spent a considerable amount of money or gave his new girlfriend substantial assets or signed a loan for her and incurred more debt in his name, a family court judge is likely to conclude that John's conduct was not the cause of the marital breakdown and that it had little or no effect on the marital estate and therefore John's conduct will make little or no difference in the way the court will distribute the marital estate.

In Example No. 2, Sheila's deception may be shown to be the cause of the marital breakdown and as a result of the deception and Sheila's change in attitude toward Bill, Bill was deceived into believing that he was the cause of the problem or that he could rectify whatever the problem was between him and his wife.  A judge might well find that Sheila's deception caused Bill to spend thousands of dollars in marital assets and incur thousands of dollars in marital debt in order to please Sheila.  In the very least Sheila deceived Bill into paying for her classes and facilitating her affair.

If you assume in Example No. 2 that Bill spent $18,000 in that 14 month period for the classes, trip, flowers, etc... believing that he could repair the unknown rift in his marriage with his wife, the court may hold Sheila responsible for $18,000 more of the marital debt or divest Sheila of $18,000 in marital assets to make up for the damage her deception caused to the marital estate.

As you can see, in either example the idea is not to punish a party for their infidelity, but rather to determine if the infidelity was the cause of the marital breakdown and whether the infidelity caused any financial impact to the marital estate (ie. the debts and assets of the parties).

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

CALL (401) 354-2369 now to schedule for your low-cost, no obligation legal consultation!

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

Copyright 2008 - Christopher A. Pearsall and Pearsall Law Associates (All Rights Reserved.)

Attorney Christopher Pearsall and Divorce goes 100% Virtual!

It's no secret that Rhode Island Divorce Lawyers and attorneys in real estate and many other fields have been hit by the recession.  If you haven't been hit by it yet then count yourself lucky.  Companies are downsizing and businesses that have been around for 100 years and more are closing their doors.  Businesses of all sorts are finding ways to survive, stay in business, cut costs and remain profitable enough to remain viable in a horrible market. 

Money isn't in abundance and families are cutting back on luxuries and sticking to necessities.  It's not a wonder that more and more people are looking to technology to ease their financial burdens and automate everything they can to service customers and clients.

It is in the midst of our recession that I announce that I have decided to close my physical office in Cranston, Rhode Island and make a leap that I was hoping to postpone for six more months but practicality makes it more sensible to do so now.

Beginning on June 9, 2008 my physical office will close and my virtual office will open.  What does this mean new or existing clients?  It means tremendous savings.  By closing my physical office I will have completed my transition into a new age for attorneys and the practice of divorce law. 

By closing the physical office in Cranston I will be passing along the savings that results from eliminating my overhead costs to my clients.

I believe that to my knowledge that I will be the first Rhode Island Divorce Lawyer in Rhode Island to go 100% virtual and almost 100% digital.

By harnessing the power of computers and the internet I have been able to address filing and storage issues and costs as well as servicing clients more quickly and efficiently if they have a computer or access to a relative or friend or even a public library computer.  This enables clients to be informed more quickly than ever before and eliminates postage costs.  Clients will get quicker responses, see faster results and know what is going on with their case more readily than they would waiting to a typical attorney to return their call.  Of course I will certainly still be talking to clients by telephone since serving my clients is a personal thing and should never be reduced to just impersonal emails.

Though the transition to its completion may take another six (6) months to address issues that may arise, the savings will be noticed by clients immediately.

I am extremely excited to be making this move especially at a time when Rhode Islanders need it most.  I have literally become a divorce and family law attorney designed for Rhode Islanders and those who go before the Rhode Island Family Court to be able to address your divorce and family law issues during this recession at half the cost of a typical full-time experienced divorce practitioner.

Feel free to take advantage of the savings I can offer you while also increasing speed and efficiency.

I'm the Attorney for the New Millennium.

I can just about make a computer dance. 

Imagine what I might be able to do for you in court.

Call for your low-cost consultation.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

Gifts - Are they exempt from the Marital Estate or Not?

In a Rhode Island Divorce proceeding if you have an attorney, he or she would look to the Rhode Island General Laws, particularly Title 15-5-16.1(b).

In fact, the last sentence of that section addresses 'gifts' and states,

"The court shall not assign property or an interest in property which has been transferred to one of the parties by gift from a third party before, during, or after the term of the marriage."

Of course our jobs as Rhode Island Divorce attorneys is to argue for our clients using interpretations, case law or other law that may appear contradictory to the very law that is beneficial to the other spouse.

So, if it is a gift from a third party to either party then it is pretty much a "no brainer", right?  Well, being a full-time family law attorney I will play devils advocate and say . . . not really! 

Now the ....Why of my answer! 

Assume the gift is a boat.  Not a small boat.  A large boat with three sails, dual motors, and four bedrooms, a kitchen, bathroom, and the works.  Let's say daddy is rich and he gives it to his little girl, Mayford, during the marriage.  Yet this boat needed to be stored in the winter time, it needed to be cleaned before storaged, it needed to be trucked to a storage facility large enough to handle it.  The boat needed to be treated each year, the engines needed to be tuned each year, it needed to be maintained, etc..  All of this costs money and Mayford's husband Jim pays for all these things that are indeed necessary for the boat to be usable, to be protected as an asset and without which they would have to sell the boat because Mayford can't afford all the extras that come along with the maintenance, storage and upkeep of the boat.

Suddenly it comes divorce time and Mayford's Rhode Island divorce attorney claims the boat is a gift under Rhode Island General Laws, particularly Title 15-5-16.1(b) and therefore the court has no power to do anything with boat.  It is simply Mayford's boat, plain and simple.  It doesn't matter that Jim paid over $23,000 for the upkeep, cleaning, housing, maintenance and protection of the boat.  At least that's what Mayford's attorney says.

Assume you are Jim for a moment.  Would you want your Rhode Island Divorce attorney to just sit there and do nothing?  Somehow I don't think so.  Good for you!  You'd expect your divorce attorney to get up there just like I would and argue that Mayford changed the nature of that gift when she asked Jim to pay for all the extras that were necessary to keeping that little luxury and it lost its status as a gift a long time ago.  We'd be arguing that she commingled the marital estate, including Jim's earnings, her earnings, their time on the boat, the time spent arranging for all the things for that little gift with the marriage so much that it wasn't a gift anymore at all.  We'd be arguing that it would have been a hauled away piece of junk with no value at all if Mayford hadn't encouraged Jim and the kids that it was the family boat and had Jim pay for all the necessities out of his earnings.

So when is a gift a gift under Rhode Island General Laws, particularly Title 15-5-16.1(b)?  When does it cross the invisible line into being an asset of the marital estate?  The truth is, I can't answer that for you.  It's all about arguments that can be made and that's what experienced divorce attorneys are for.  We make these arguments and we try to make sure the Judge truly does get an impartial look at things and make fair decisions given the circumstances. 

After all, there is no law I'm aware of that says a judge can't find that a gift has been managed in such a way that it is now a part of the marital estate.  Since this is omitted from that statute and is not addressed elsewhere, doesn't it remain in the judge's discretion?

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

CALL (401) 354-2369 now to schedule for your low-cost, no obligation legal consultation!

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

Copyright 2008 - Christopher A. Pearsall and Pearsall Law Associates (All Rights Reserved.)

Nominal RI Divorce by Attorney Chris Pearsall

A Rhode Island divorce attorney can make the divorce process sound simple or complicated.  Whether the attorney makes it sound simple or complicated may depend upon whether the attorney has a particular goal in mind or whether he or she simply is addressing a person with a different level of education who does not want to be spoken down to and therefore is comfortable with the more technical jargon or legalese used in the legal profession. For my part, I believe that it wastes the clients and the attorney's time by complicating the process merely to justify the fee that is usually requested after the process is explained. 

The process of divorce itself is simple. Here it is with all the technical jargon stripped from it.

A)  You prepare the Divorce Packet which consists of these completed documents:              
1) 2 Summons              
2) 1 Divorce Complaint and 1 Copy (after it has been signed and witnessed).              
3) 2 Nominal or Uncontested Track Notice Forms              
4) 2 Automatic Orders              
5) 1 Family Court Counseling Forms              
6) 2 Children of the Marriage Forms              
7) 1 Report of Divorce              
8) 1 Notice of the Parental Video Requirement (if there are minor children of the marriage)              
9) 1 Certified Copy of your Marriage Certificate on file with the Bureau of Vital Statistics

B)  You file all these documents with the Family Court Clerk's Office in the county in which you reside or in which your spouse resides together with a check for $100 for the filing fee.  In Providence County you may have to wait a day or two before they completely file your divorce because of the immense volume of domestic matters they handle.

C)  Once filed you get back various certified documents rom the court which need to be served upon your spouse.

D)  You contact the sheriff's department or a constable ("process server") where your spouse lives and have them serve the certified documents upon your spouse.  The process server will report that he or she has or has not served your spouse on the back of the original summons.  Usually your spouse has been served.

E)  You mail the Summons that has the Process Server's Notice of Successful service on the back to the court where you filed your divorce action making sure to note the "Nominal Date" that appears on the Summons.

F)  You try to reach an agreement with your spouse regarding all aspects of your divorce, including placement of children, visitation, division of assets, division of debt, health insurance, child support, alimony and all other things relating to your marriage.

G)  You appear at the court on the Nominal Date.  If you have an agreement, or if your spouse does not show up and is defaulted,  then you place on the record a short hearing . . . called a Nominal which requires you to place on the record those things that are required by law to establish jurisdiction, a marriage, a breakdown of the marriage, inability to reconcile, alimony or waivers of alimony and the items needed for a proper waiver of alimony and any elements of your agreement with your spouse that you want the court to include in any court order.

H)  Within thirty (30) days after your Nominal Hearing you submit to the Court an Interlocutory Decision Pending Entry of the Final Judgment which outlines the courts findings of fact and decisions as set forth by the judge immediately following the Nominal Hearing and specifically states that all the orders of the court are effective but that the parties are not divorced until the entry of Final Judgment of Divorce is signed by the court.

I)  On the ninety-second (92nd) day after the Nominal Hearing, a Final Judgment of Divorce may be submitted to the Court for approval by the judge and then filed and entered by the court clerk to make your divorce official.  The Final Judgment may be submitted within the 92nd day and the next 30 days thereafter to the judge for approval. It should be noted that this is a bare bones nominal procedure.  It does not sound difficult or particularly astounding to a person looking at it from the outside who is reading this article.

However, as it has been said, the "devil is in the details."

Questions you need to ask yourself are:

1)  What happens if we don't agree on everything by the Nominal Date?
2)  Do you know the effect of incorrectly preparing the Divorce Filing Documents?
3)  Do you know what questions must be asked at the nominal hearing to establish jurisdiction?
4)  Do you know how to ask your spouse questions in order to effectuate a valid and permanent waiver of alimony?
5) If you had an agreement on a subject but did not put it on the record of the court, is it still part of your agreement with your spouse?
6)  Do you know what you are entitled to in the way of marital assets?  Or even what is a marital asset and what isn't?
7)  Do you know how to prepare an Interlocutory Decision Pending Entry of Final Judgment?
8)  Do you know how to prepare a Final Judgment of Divorce?
9)  What happens if you miss the 30 days for entry of the Decision Pending Entry of Final Judgment?
10)  What happens if you miss the 30 days for approval of the Final Judgment of Divorce?
11)  What happens if you accidentally file the documents in the wrong order?
12)  If you reach an agreement with your spouse, should it be formalized?  If so, how? These are only a few of the questions that should be running through your head if you are thinking about handling your own divorce. 

These questions don't even take into consideration the tons of legal questions that you may need to consider, especially whether the court would approve your agreement with your spouse or whether the court would disapprove of the agreement or your requested relief if the judge believes it to be unreasonable or more specifically against existing law or contrary to public policy.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

CALL (401) 354-2369 now to schedule for your low-cost, no obligation legal consultation!

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

Copyright 2008 - Christopher A. Pearsall and Pearsall Law Associates (All Rights Reserved.)

Rhode Island Divorces | How to save up to $3,000!

I've previously written Rhode Island Divorce articles about civility and trying to work with your spouse to resolve your issues.  What I didn't mention in those other divorce articles is that by remaining civil, holding your temper and keeping a cool head is that it can save you a hefty sum of money.

One of the most time consuming parts of any divorce is reaching a Marital Settlement Agreement.  A Marital Settlement Agreement is typically a document that embodies all the terms of what you and your spouse have agreed to and it anticipates what could happen in the future, to the extent that reasonable changes can be foreseen and prepared for. 

Assume that your attorney in this example costs $200 per hour and it takes him or her 4 hours to draft and re-draft the complete Marital Settlement Agreement which includes provisions to protect you and provisions to specify which states laws apply, etc....  That's $800 you would save if you just came to an agreement with your spouse, wrote out all the terms and conditions and you both signed it before a notary public and then testified at the hearing that your signature is genuine, that you signed it freely and voluntarily and that it is fair and equitable. 

Now, 4 hours is a minimal amount of time to prepare a Marital Settlement Agreement which goes back and forth between the other attorney for changes, additions, removals, etc.... So when I say 4 hours, I am giving you an almost unrealistic figure.  In fact, if it's to be properly detailed and is prepared by an attorney then the attorney is going to try to anticipate anything and everything that could affect you in the future so the attorney is likely to take a good 10 hours on the Marital Settlement Agreement.  Now what if your attorney charges $300 per hour but you and your spouse come to your agreement on your own.  You just saved a whopping $3,000 on legal fees. 

Now here is a question you can easily answer.  Would you rather keep a cool head, be reasonable with your spouse and reach an agreement to hang on to that money or give it to a Rhode Island divorce attorney?

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

CALL (401) 354-2369 now to schedule for your low-cost, no obligation legal consultation!

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

Copyright 2008 - Christopher A. Pearsall and Pearsall Law Associates (All Rights Reserved.)

RI Divorce Lawyers | My Take on Bank Accounts

Once a Rhode Island Divorce is filed by your attorney (or by yourself) then it would be wise to consider what you do each day or you might end up in handcuffs.

The Automatic Orders of the Court are not simply a peice of paper.  They are embodied in the Rhode Island General Laws and they prescribe what you can and cannot do.  I ran into a siutation similar to this.  You can look at the Automatic Orders of the court to see what you thing but here's my take on it.

Bob is married to Judy.  For the final year of their marriage Judy is not working outside the home but she is taking care of someone dear to her who is very ill.  She had a good job for the first two years of their four year marriage and contributed to everything.  Judy was unhappy with her job and presumably wanted his wife to be happy so he told her to go ahead and quit because he made enough income to sustain them for a while.  Judy does so with Bob's approval.  They decide to get divorced.  Bob gives Judy $4,000 as a sign of good faith to help settle the case more quickly after it's filed.  Bob files for divorce and gets a lawyer.  Bob is upset when Judy gets a lawyer and uses funds from their joint checking account to do so.  Bob has Judy served and immediately with draws all the money for their joint bank accounts.

As a family law attorney there's no argument, the Automatic Orders that were filed when  he signed his Complaint for Divorce are in full force and effect and they prevent him from essentially "monkeying with the finances".  Bob has shut Judy off from the financial resources that she has relied upon with his agreement for the past year.

Judy had planned to move to Indiana because she has relatives there but she has no job prospects yet.  She has her own credit card but since she has no job it would be difficult to pay it if the kept charging on it.

What is a judge likely to rule in this instance based on Tom's violation of the automatic orders?

Should it matter that Judy has a credit card in her own name that she can make charges on?

If the credit card is her only means of survivial and she needs $2,000 to travel to Indiana and give her a 2 month cushion to find a job should this be considered an "Emergency Situation"?

Should  it be considered an emergency by the court if Judy had already booked a trailer with the monies Bob had given her paid her rent in advance in Indiana and was scheduled to leave in only four days?

What if Judy discovered through her attorney that she was entitled to ask for 10 times more than Bob was willing to offer her?  Does that change whether this puts Judy in an emergency situation.

My take on it is that Bob violated the Court Order, plain and simple and he should have to put half the money back or give half the money to Judy regardless of the $4,000 he gave her hoping that she'd go away with less than she was entitled to.

What's your take on this?  I'd really appreciate hearing from laypeople, professors, legal professionals, etc...

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

CALL (401) 354-2369 now to schedule for your low-cost, no obligation legal consultation!

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

Copyright 2008 - Christopher A. Pearsall and Pearsall Law Associates (All Rights Reserved.)

Rhode Island Alimony - Understanding RI is a Rehabilitative State!

Alimony is an important concept to understand under Rhode Island law.

The Rhode Island media, in fact the media in general with television shows like, LA Law, Law and Order and articles about fat divorce settlements that include large alimony payments in the National Enquirer and even movies such as the comedy Liar, Liar leave Rhode Islanders with the notion that alimony is typical, commonplace and, in fact, an entitlement.  Unfortunately as the media creates its entertainment or information to sell more newspapers and raise its profitability can, and does, foster the idea in the minds of our citizenry that alimony really is an entitlement by a spouse and should be demanded by an aggrieved spouse who expects to suffer a decrease in his or her finances after a divorce if alimony is not granted by the court.

To gain a better understanding of Rhode Island alimony, you may wish to review the Rhode Island Domestic Relations section of the General Laws regarding Divorce & Separation, the more specific section relating to alimony appears below but since the laws are updating constantly it is always advisable to check your local library and any update services as well as the cases that interpret the Alimony statute before taking any action on your own.  The section below has been quoted, in pertinent part, from the Rhode Island Government Website as of this date.

[Beginning of Exerpt from RI State Government Website]

R.I.G.L. § 15-5-16  Alimony and counsel fees – Custody of children. – (a) In granting any petition for divorce, divorce from bed and board, or relief without the commencement of divorce proceedings, the family court may order either of the parties to pay alimony or counsel fees, or both, to the other.

   (b) In determining the amount of alimony or counsel fees, if any, to be paid, the court, after hearing the witnesses, if any, of each party, shall consider:

   (i) The length of the marriage;

   (ii) The conduct of the parties during the marriage;

   (iii) The health, age, station, occupation, amount and source of income, vocational skills, and employability of the parties; and

   (iv) The state and the liabilities and needs of each of the parties.

   (2) In addition, the court shall consider:

   (i) The extent to which either party is unable to support herself or himself adequately because that party is the primary physical custodian of a child whose age, condition, or circumstances make it appropriate that the parent not seek employment outside the home, or seek only part-time or flexible-hour employment outside the home;

   (ii) The extent to which either party is unable to support herself or himself adequately with consideration given to:

   (A) The extent to which a party was absent from employment while fulfilling homemaking responsibilities, and the extent to which any education, skills, or experience of that party have become outmoded and his or her earning capacity diminished;

   (B) The time and expense required for the supported spouse to acquire the appropriate education or training to develop marketable skills and find appropriate employment;

   (C) The probability, given a party's age and skills, of completing education or training and becoming self-supporting;

   (D) The standard of living during the marriage;

   (E) The opportunity of either party for future acquisition of capital assets and income;

   (F) The ability to pay of the supporting spouse, taking into account the supporting spouse's earning capacity, earned and unearned income, assets, debts, and standard of living;

   (G) Any other factor which the court expressly finds to be just and proper.

   (c) For the purposes of this section, "alimony" is construed as payments for the support or maintenance of either the husband or the wife.

   (2) Alimony is designed to provide support for a spouse for a reasonable length of time to enable the recipient to become financially independent and self-sufficient. However, the court may award alimony for an indefinite period of time when it is appropriate in the discretion of the court based upon the factors set forth in subdivision (b)(2)(ii)(B). After a decree for alimony has been entered, the court may from time to time upon the petition of either party review and alter its decree relative to the amount and payment of the alimony, and may make any decree relative to it which it might have made in the original suit. The decree may be made retroactive in the court's discretion to the date that the court finds that a substantial change in circumstances has occurred; provided, the court shall set forth in its decision the specific findings of fact which show a substantial change in circumstances and upon which findings of facts the court has decided to make the decree retroactive. Nothing provided in this section shall affect the power of the court as subsequently provided by law to alter, amend, or annul any order of alimony previously entered. Upon the remarriage of the spouse who is receiving alimony, the obligation to pay alimony shall automatically terminate at once.

In my opinion, the best advice any Rhode Island Divorce and Family Law Attorney, or any lawyer for that matter who is practicing law and has a divorce case is to assist the client in wiping these concepts from his or her mind.

Rhode Island is not California or any other state that awards alimony simply because finances are going to change following the marriage and one party might have the ability to give the other party who may have less money ... more money so they are in essence "even."

A general way to think of Rhode Island alimony is that it is awarded to a spouse when he or she is in need of rehabilitation to obtain education, skills or other training that is reasonably necessary for the spouse to get back into the workforce or otherwise reasonably be able to sustain himself or herself.  Other instances in which a Rhode Island judge may still award alimony based upon the circumstances include cases in which one spouse has a disability or infirmity that occurred during the course of the marriage that prevents him or her from earning an income or limits the disabled or debilitated spouse from being able to earn enough to sustain himself or herself without assistance.

While it is certainly correct that awarding alimony the family court judge may consider many factors, it is not typically an arbitrary ward because one party may have more than another at the end of a divorce, nor is it a mechanism to penalize one spouse for conduct during the marriage or to force the payer spouse to take care of the other spouse simply because that other spouse may be used to that standard of living.  Judges in family court realize all too well that it costs more for two people to live apart than it does for them to live together and one of the underlying tenets of divorce law that I have come to understand and accept is that Judge's realize that principle and try to make equitable decisions in order to make sure that parties can end their relationship as amicably as possible and that both spouses can reasonably survive after all is said and done and the court's orders are carried out.

[End of excerpt from RI State Government Website]

Ultimately it is best to keep in mind that an alimony award is typically dependent upon a spouses ability to make money in order to survive after the divorce or separation.

Click the link in this sentence to read another article on the subject -> Rhode Island Alimony

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

CALL (401) 354-2369 now to schedule for your low-cost, no obligation legal consultation!

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

Copyright 2008 - Christopher A. Pearsall and Pearsall Law Associates (All Rights Reserved.)

RI Divorce Orders: What You and Your Rhode Island Divorce Lawyer should examine carefully?

The importance of Rhode Island Family Court Orders can't be emphasized enough.  It has often been said, "a court speaks through its Orders."  Though Orders in a divorce or family law matter often summarize the majority of information contained "on the record" of the court (i.e. transcribed in real-time by the family court stenographer) this quotation carries substantial truth.

Each time a divorce or family court matter is brought before a Rhode Island Judge designated to address that matter, the Judge almost universally checks the file, reviews the docket sheet and looks at the Orders entered in the matter to tell the story or the history of what has taken place before the particular matter is heard.

Thus, the importance of the wording of the Orders becomes even more significant because once an Order is entered, its language will tell the Judge not only the history of the case but it will tell the Judge the posture of the parties.

Here's where you or your attorney need to be on your guard when reviewing a proposed order or proposing an order in your case.  You should review a proposed order carefully for wording and/or distortions that may look your position look less positive.  You should also look for language that is slipped into an Order because it may have been discussed but not agreed upon or the Judge was less than definitive on in his or her ruling.

Typical Examples you may run across might be as follows:

The attorneys have a chamber's conference with the Judge to try to narrow and resolve some issues and agree to bring various offers to their clients to consider.  The clients then approve the agreed upon terms and the attorneys confirm for the other attorneys and the judge that the terms are agreeable.

Then comes the scrutiny of the Order.  A proposed Order comes in from an opposing party and it states that "after hearing thereon, and by agreement of the parties, the following is Ordered, Adjudged and Decreed."

In this instance your eyes should gravitate to the words "after hearing thereon".  Why?  Because there was NO HEARING.  A hearing presumes either oral argument on the record of the court or a full hearing with live testimony on the witness stand.  This did not occur here and a judge who is reviewing the file will assume that arguments were made by the parties or that testimony was taken, either of which justified the entry of the Order by the judge.  This gives the judge a substantially different picture of the circumstances surrounding the entry of the Order than if the Order simply stated "by agreement of the parties."  Strive for accuracy and as much positive language you can include that supports your position as possible.

In another instance let's say there is a hearing on placement with live testimony before a judge and the judge Orders on the record that placement is temporarily ordered to be with the Plaintiff for a period of 90 days.  However, the proposed Order arrives from the opposing counsel and it states in Paragraphs 1 and 2:

1) Plaintiff is awarded placement of the minor child, Constance.

2) The court will review placement of the minor child on May 14, 2008.

Assume you represent the defendant or that you are the defendant.  What's the problem here?

First, there is no mention that the Plaintiff is temporarily awarded placement of the minor child.  The difference is that temporary placement implies that the Defendant previously had placement of the minor child.  Without including the word "temporary" the Judge does not know or may not look to see how long the Defendant had placement of the the child or why.  In fact, without that word, a judge might be inclined to see that as a non-issue in the case and not allow you to address it before the court, placing you at a disadvantage to your case.

Second, a careful reading of the the proposed order to be entered in the Rhode Island Placement file may cite May 14, 2008 which may, in fact, be the 90th day for review, but again, this is NOT what the judge ordered.  The judge did not specify May 14th.  Therefore, if you don't catch it, an order may enter either by agreement or after hearing that does not reflect the 90 day limitation on the temporary placement, just as an order after hearing is much different than a Consent Order where the parties agree to a 90 day period to test the situation.

The language of Orders can make or break your case simply because you or your attorney did not pay close enough attention to the details.

The Devil is in the Details!  Ask your attorney to send you each proposed Order before it's entered if you are at all concerned because the issue is crucial to your case.

My Point?  Consider every order carefully!  The Judge will!  Shouldn't you be twice as careful?

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

CALL (401) 354-2369 now to schedule for your low-cost, no obligation legal consultation!

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

Copyright 2008 - Christopher A. Pearsall and Pearsall Law Associates (All Rights Reserved.)

Coping with the Consequences of Your Rhode Island Divorce

Coping with a Rhode Island divorce situation isn't easy.  It can be harder with children if the parents focus on their own emotions, legal and person goals and forget about the children.  Yet sometimes it can be easier with children if both parents are focused more on the well-being of the children than their own needs.

People often call to ask what I charge for a divorce without realizing that each divorce is just as different as each person coping with a divorce handles the situations, issues and emotions differently.

Though Rhode Island divorce lawyers are not "counselors" in the sense of a psychologist or other mental healthcare professional, it often falls upon the divorce attorney to address emotional and psychological issues that arise during a divorce proceeding.

In this sense a well-trained or seasoned lawyer who is also experienced in dealing with the mental and emotional fallout that accompanies a divorce can be an asset to you and your case.

Coping with divorce is an individual process. 

For instance, John may be divorcing his wife Jane after 20 years of marriage.  John is agreeable and may not have a problem at all going through the divorce process itself and reaching an amicable agreement with his spouse.

Yet John may not realize the full impact of the divorce until his first night sitting alone in his own apartment with no one to talk to, no one to a meal with and sleep in a single bed alone.  John may suddenly realize the ramifications of divorcing his wife go well beyond simply not being "happy" anymore like he felt in the first five years of his marriage.  It may not be until this point that John begins "coping with divorce."  In this instance, the Rhode Island Divorce lawyer is of little assistance and John may need to seek the assistance of a mental health professional if he finds stress, loneliness or depression taking hold.

In another case Gale may be filing for divorce from her husband Tom after a 4 year marriage.  Gale may be adamant about her divorce after she realizes that instead of attending late night meetings at the office Tom has been stopping by the local strip club.  By all accounts Gale and Tom both agree they have had an active sex life.  In this case the attorneys for either Tom or Gale may find himself or herself in the position to help Tom or Gale "cope" with their divorce.  Tom may wish to settle things quickly and be very angry because he does not want it to come out that he went to a local strip club because he also participates in the local Catholic Church as a Lector is a Knight of Columbus and is viewed a a model family man.  Tom may want to express his anger in court, need calming or need to understand how Gale might feel in this situation in order to appreciate his own conduct.  Tom's attorney, with the right approach, may be able to help Tom with his emotional struggle by directing Tom into a calmer state of mind which will foster a better attitude toward a settlement by discussing the possibilities of sealing the court record or including a non-disclosure clause in the settlement.  Tom's attorney may also be instrumental in helping Tom realize that he needs the assistance of an individual or a marriage and family counseling therapist.

The point here is that Tom's need to "cope with divorce" may arise much sooner than John's did in the prior example.  Each person's needs are different and it is those people who appreciate all the consequences of a divorce proceeding before the proceeding is completed, that can be aided by a good Rhode Island Divorce attorney who recognizes and appreciates the client's non-legal needs and assists the client either personally by helping the client deal with those non-legal issues either personally through his or her own experience or by referring the client to a licensed therapist if it appears that would be helpful to the client.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

CALL (401) 354-2369 now to schedule for your low-cost, no obligation legal consultation!

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

Copyright 2008 - Christopher A. Pearsall and Pearsall Law Associates (All Rights Reserved.)

Understanding Case Management Conferences in Contested RI Divorces

In the Rhode Island family courts a divorce may run on one of two tracks the "Nominal" or Uncontested Track and the Contested Track.

This brief article on Rhode Island divorces addresses what are known as Case Management Conferences which only occur on the Contested Track Calendar.

What is a Case Management Conference?

Answer:  A Case Management Conference (often referred to by Rhode Island Divorce attorneys as a "CMC") is the first opportunity or meeting on the Contested Track Divorce Calendar in which the attorneys for the parties meet with the judge.  Usually this meeting takes place in the Judge's chambers.  The meeting often consists of the Judge identifying who represents the husband and who represents the wife.  The judge will often expect the attorneys disclose information that will help the judge guide the attorneys on how various issues in your particular situation might be viewed by the court even based on the limited information that may be provided to the Judge. 

I say "limited information" because the judge must keep his calendar moving and only so much time may be reasonably allocated for each conference otherwise other parties will not be heard at all and the court calender will become backed up further if the parties scheduled to have conferences or hearings on the date of your Case Management Conference are not heard.  Everyone has a story they want to be told in the Rhode Island Family Court, but often times there is not enough time in Case Management Conference for the attorneys to tell each parties' story in full.  Therefore the attorneys and the judge must stick to the fundamentals.

The judge is likely to want to know the following:

    1)  The length of the marriage
    2)  The number of minor children involved
    3)  Who the children are living with
    4)  Whether there is a marital home that is owned
    5)  Whether both spouses work, how often and how much they each make
    6)  The level of education of each spouse
    7)  Whether the parties are living in the same residence or who moved out
    8)  What assets are involved in the case
    9)  What debts do the parties have
    10)  What, if anything, has been agreed upon by the parties for their divorce
    11)  What are the major disagreements between the parties and why
    12)  Is there any infidelity or other conduct by either of the parties that the court might want to know about.
    13)  What efforts have been made by the parties and the attorneys to resolve the issues?

The judge might then give his or her perspective to the attorneys as to how the court might see any particular issues that are raised given the barebones information that the attorneys are able to provide.  The judge may direct one or both counsel to review certain cases to give more direction on the current state of the law on the issue.  The judge usually makes no decisions, findings or rulings as a result of a Case Management Conference unless the attorneys agree that orders are necessary to protect the parties.  This is typically only done after the judge gives the attorneys the opportunity to speak with their respective clients to see if the client agrees and to afford the attorney an opportunity to advise the client of the pros and cons of any order or decision agreed to regarding a particular issues.  Occasionally an attorney during a Case Management Conference will have already spoken with his or her client sufficiently and will have advised him or her about what might be proposed in the conference and the attorney may agree on the clients behalf either knowing or believing that he or she has already addressed the issue with the client prior to the Conference and therefore knows what the client would like done or what is in the best interests of the client.

Occasionally Judge's may call the parties into his or her chambers to explain that a discussion was had and how the Judge perceived the various issues.  This is both dependent upon the case and upon whether the judge believes that speaking to both parties will assist the parties and/or attorneys in expediting the case before the court and/or helping the parties to reach a resolution or compromise.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

CALL (401) 354-2369 now to schedule for your low-cost, no obligation legal consultation!

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

Copyright 2008 - Christopher A. Pearsall and Pearsall Law Associates (All Rights Reserved.)