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.)