Rhode Island Divorce and Family Law Attorney | Attorney Christopher Pearsall: Divorce & Marital Settlements

Divorce & Marital Settlements

Wednesday, September 01, 2010

Simple RI Divorces - Why Can't the Divorce Lawyer be Paid from my Share of the Marital Assets?

SIMPLE RI DIVORCE QUESTION:

I believe I have a simple Rhode Island divorce. We have a house and several accounts that I should be entitled to at least half of. I don't have any money right now but at the end of the divorce when I get what I am entitled to I can pay the attorney out of whatever I get in the divorce. Why am I having such a hard time finding an attorney to represent me?

ANSWER FROM THE RHODE ISLAND DIVORCE COACH:

Even if you believe you have a simple Rhode Island divorce, if you have no money to pay an attorney then you either need to represent yourself or you will need to find a lawyer who will represent you in your divorce without a fee (called "Pro Bono").

The reason you are having such a hard time is because you may be expecting attorneys simply to undertake your case and agree to get paid out of whatever you obtain after a divorce trial or in a divorce settlement.

Whether your divorce is simple or not a Rhode Island lawyer cannot make an arrangement with you to receive payment of his or her fee out of anything you may receive in a divorce settlement. This is because it is prohibited by the attorney's Professional Code of Ethical Conduct.

The particular Rule of Professional Conduct that I refer to is Rule 1.5(d)(1) which I have hi-lighted below for your convenience.

Article V. RULES OF PROFESSIONAL CONDUCT

Current through all amendments received through June 12, 2008

Rule 1.5. FEES

(a) A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining the reasonableness of a fee include the following:

(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;

(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;

(3) the fee customarily charged in the locality for similar legal services;

(4) the amount involved and the results obtained;

(5) the time limitations imposed by the client or by the circumstances;

(6) the nature and length of the professional relationship with the client;

(7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and

(8) whether the fee is fixed or contingent.

(b) The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated to the client. Where the fee is not fixed or contingent, billings regarding the fees, costs, and expenses shall be provided to the client on a quarterly basis or as otherwise provided in the agreement.

(c) A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law. A contingent fee agreement shall be in a writing signed by the client and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal; litigation and other expenses to be deducted from the recovery; and whether such expenses are to be deducted before or after the contingent fee is calculated. The agreement must clearly notify the client of any expenses for which the client will be liable whether or not the client is the prevailing party. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.

(d) A lawyer shall not enter into an arrangement for, charge, or collect:

(1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof; or

(2) a contingent fee for representing a defendant in a criminal case.

(e) A division of a fee between lawyers who are not in the same firm may be made only if:

(1) the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation;

(2) the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing; and

(3) the total fee is reasonable.

(As adopted by the Rhode Island Supreme Court on February 16, 2007, eff. April 15, 2007.)

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 2007 to Present. Christopher A. Pearsall, Esquire
Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

* 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.

- - Recommended Websites - -

Posted by Attorney Christopher A. Pearsall on Wednesday, September 01, 2010 at 09:33 AM in Affordable Divorce Advice, Divorce & Attorneys' Fees, Divorce & Marital Assets, Divorce & Marital Settlements, Divorce & Property Settlements, Divorce & Questions, Divorce & Tips, Divorce Attorneys & Ethics, Divorce Attorneys & Lawyers, Hiring a RI Divorce Attorney, Lawyers Ethical Code of Conduct, Prohibited RI Divorce Fee Agreements, RI Divorce & Prohibited Practices, RI Marital Settlement Agreements, RI Property Settlement Agreements, Settling Uncontested RI Divorces, Simple Rhode Island Divorces | Permalink | Comments (0) | TrackBack (0)

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Monday, August 30, 2010

Rhode Island Simple Divorce - The Easy Way to a Simple Divorce

Do you and your spouse want a simple Rhode Island divorce without the stress?

It's as easy as 1-2 and me! Yes, I added myself to the mix.

Why?

Well, right now I don't know of any other Rhode Island lawyer who offers experienced divorce coaching services other than me. Besides that, it rhymed. Lastly, since divorce is about as fun as pulling teeth I need to add a little humor in my articles every now and then.

Your simple divorce in Rhode Island doesn't require very much. If one spouse files the divorce action, then both spouses work out an agreement to resolve the divorce issues, and at least one spouse knows the procedure on how to get through the legal procedures from beginning to end . . . you have what's needed for a simple divorce.

So there you have my original simple divorce recipe for Rhode Island! That's 1 spouse to file it. Then 2 spouses to reach an agreement. Then simply meet with me to help one of you with the legalities from beginning to end.

Those are the simple fundamentals. You don't have to be all stressed out. You don't have to pay lots of money to a Rhode Island divorce or family law lawyer*.

My divorce coaching practice has been designed to help you with the legalities of the process from beginning to end.

Should you each have your own lawyers in some divorces? Sure. Every divorce is certainly not a simple divorce. When you come to see me you will find out the ins, the outs, the ups, and the downs of your divorce and you will know if yours is truly a simple divorce or not. If you have a simple divorce, then my divorce coaching program is just what the doctor ordered. You get rid of the huge expense and the massive stress that goes with a divorce. Instead, you keep things as simple as you want to keep them.

Regrettably, there aren't other lawyers offering this simple divorce coaching service right now because it's not largely profitable for the lawyers. Yet for me it's not about making large sums of money from people. It's about using my skills to help you and as many other people as possible. That way, I can go to sleep knowing that I did a good thing for people, and still keep a roof over my head.

Your simple divorce can be just as trouble free as the many others I've helped since March of 2009. This divorce coaching program has been a tremendous success. My client's are thrilled! Hell, I'm thrilled to have more time with my wife! Even though I'm no "fat cat" lawyer with a fancy car, I can sleep at night knowing that as a Rhode Island lawyer I do a good thing simply by helping people with their family law challenges, including your simple divorce.

Give me a call (401) 632-6976 and set-up your $135 appointment. You'll be surprised at how simple it can be. After all, don't you deserve a simple, stress free divorce?

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!

- - Recommended Websites - -

Posted by Attorney Christopher A. Pearsall on Monday, August 30, 2010 at 07:00 PM in Affordable Divorce Advice, Divorce & Attorneys' Fees, Divorce & Marital Settlements, Divorce & Practice Philosophies, Divorce & Property Settlements, Divorce & Questions, Divorce & Tips, Divorce & Your State of Mind, Divorce Attorneys & Lawyers, Divorce Procedure, Hiring a RI Divorce Attorney, Qualities of Good RI Divorce Attorneys, RI Divorce Attorney Philosophies, RI Marital Settlement Agreements, RI Property Settlement Agreements, Settling Uncontested RI Divorces, Simple Rhode Island Divorces | Permalink | Comments (0) | TrackBack (0)

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Saturday, January 02, 2010

Two Benefits to Having a Marital Settlement Agreement by RI Divorce Attorney Christopher Pearsall

If you had the choice of having an easy uncontested Rhode Island divorce and a difficult mess of a divorce, which would you choose?

I would like to think that you would choose an easy uncontested Rhode Island Divorce because I prefer to think that as a reader of this blog you have a lot of common sense and you would rather see things go smoothly instead of roughly.

There are two benefits that divorcing spouses should be aware of on a practical level.

If you don't understand what a Rhode Island Marital Settlement Agreement is, then here it is in a nutshell.

Rhode Island Marital Settlement Agreement (MSA)

A Marital Settlement Agreement (MSA) is a written contract which is entered into and signed by both parties and contains all the items you and your spouse agree upon regarding the manner in which you are going to dispose of your marital estate (your marital assets and debts) and usually includes all the specific agreements you and your spouse have made to provide for your Minor Children.

A successfully drafted Marital Settlement Agreement that is signed and executed by both spouses to a divorce creates two specific benefits for the spouses.

First, a well-drafted Marital Settlement Agreement allows the attorneys to quickly authenticate the MSA by the testimony of the spouses and ask that the court accept it and approve it as a full exhibit.

Assuming this is successful, the MSA eliminates the need for the judge to hear countless pages of details and conditions about all the assets, debts and considerations for the children, except those provisions in the Marital Settlement Agreement that are required to be placed on the record of the family court because they relate directly to the well-being of the Minor Children, Healthcare directives of the parties, and provisions regarding Alimony. This, of course, saves the spouses considerable time on the witness stand and makes the proceeding flow much more quickly.

Second, many experienced Rhode Island Divorce Attorneys charge different rates for time spent preparing for a case and time spent "in court." Time spent "in court" is usually more expensive. Therefore, the shorter your uncontested hearing, the less money you will spend on the actual proceeding simply because you used a Marital Settlement Agreement.

Other benefits will be discussed in subsequent articles, including problematic issues and how they might best be addressed.

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!

Consider using 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 2009. Christopher A. Pearsall, Esquire
Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

* The Rhode Island Supreme Court licenses all attorneys in the general practice of law. There is no recognition for specialization of attorneys in any area of law.

- - Recommended Websites - -

Posted by Attorney Christopher A. Pearsall on Saturday, January 02, 2010 at 07:02 PM in Affordable Divorce Advice, Divorce & Alimony, Divorce & Attorneys' Fees, Divorce & Child Support, Divorce & Children, Divorce & Equitable Distribution, Divorce & Healthcare Coverage, Divorce & Marital Assets, Divorce & Marital Debts, Divorce & Marital Settlements, Divorce & Property Settlements, Divorce & Questions, Divorce & Tips, Divorce Attorneys & Lawyers, Divorce Procedure, Pros & Cons of Settlement Agreements, RI Marital Settlement Agreements, RI Property Settlement Agreements, Settling Uncontested RI Divorces | Permalink | Comments (0) | TrackBack (0)

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Wednesday, November 26, 2008

RI Alimony Language - Wording is Everything! Part 2

This article is a follow-up to my first Rhode Island Alimony Article which can be found at
http://www.attorneypearsall.com/2008/11/ri-alimony-language-wording-is-everything-part-1.html

This first tip article is helpful, if not essential, to helping you understand rehabilitative alimony in Rhode Island. Therefore I recommend that you read my first alimony tip article if you do not already know how Rhode Island law treats alimony in general.

Lanuguage is crucial in both Rhode Island Settlement Agreements and especially in the Rhode Island divorce proceedings when it comes to alimony awards and alimony waivers.

Whether you are representing yourself or you have a Rhode Island lawyer to represent you in your divorce proceeding, it is best to be vigilant when it comes to the language used by you, your lawyer and even the judge. In this divorce tip article the crucial word you should focus on is "non-modifiable."

Leaving out the word "non-modifiable" in your Marital Settlement Agreement or failing to clarify to the judge a request for the court's order to include the word "non-modifiable" could lead to hazardous consequences.

Consider this Rhode Island Divorce example about Mr. and Mrs. Lawyers:

Mr. Lawyers has agreed to pay Mrs. Lawyers alimony of $400 per week for a period of three (3) years in their Marital Settlement Agreement and he has testified to that on the record of the court. Mrs. Lawyers agrees that Mr. Lawyers' testimony is accurate and that $400 per week for three (3) year is precisely what they agreed to in their Marital Settlement Agreement.

Mrs. Lawyers testifies that she wants to waive alimony after that three (3) years has been paid, that she knows that this waiver would be permanent, and that she believes she will be able to sustain herself at the end of the three year period and therefore she would like the court to grant her permanent waiver.

At the end of the hearing, the Court orders the following:

Mrs. Lawyers is awarded weekly alimony of $400 per week for a period of three (3) years from Mr. Lawyers and that upon completion of the three (3) years Mrs. Lawyers' request for waiver of alimony is granted and she waives alimony permanently.

Do you notice that the word "non-modifiable" does not appear anywhere in the excerpt of the testimony above? Do you notice that Mrs. Lawyers confirmed that it is "precisely what they agreed to" in their Marital Settlement Agreement?

Let's assume this is correct and that the Marital Settlement Agreement doesn't contain any reference to alimony being "non-modifiable".

Now, imagine that Mr. Lawyers secures a job that pays considerably more than his last job, that he becomes a partner in a very profitable business, that he creates a very successful invention, that Mrs. Lawyers gets into a tragic accident in the first year after their divorce which leaves her with brain damage which prevents her from proceeding with her attempts to rehabilitate herself and become self sustaining.

Choose any one of these events or any other event that you might think of that drastically affects the earnings or abilities of Mr. and Mrs. Lawyers within the three (3) years alimony is to be paid.

What is important here is what Mrs. Lawyers DID NOT agree to!

Even though Mrs. Lawyers waived alimony permanently after the three (3) years of payments, she DID NOT agree at any time that the alimony during those three (3) years would be non-modifiable.

If Mrs. Lawyers wanted to, she could retain a Rhode Island lawyer and once again return to court and request that the alimony she is receiving in those first three years be increased based upon either Mr. Lawyers' increase in his ability to pay more alimony and/or her own decrease in her ability to provide for herself over the long term as planned.

Though the agreement provided for $400 per week of alimony for a period of three years, this merely indicates to the court that this is an amount and timeframe that was either agreeable to the parties or ordered by the Rhode Island family court judge at the time of the divorce. However, without the word "non-modifiable" before the word "alimony" this DOES NOT prevent Mrs. Lawyers from arguing that neither the parties or the court intended that it could not be modified during that three (3) year period if circumstances changed which warranted a modification of the amount of alimony.

What could this mean for Mr. Lawyers?

If either Mr. Lawyers or his Rhode Island attorney did not add that one word "non-modifiable" then Mr. Lawyers could end up paying $600, $900 or even $1,200 per week to Mrs. Lawyers for the remainder of the three (3) year period, if the Rhode Island family court judge found that Mrs. Lawyers had that need for such alimony and Mr. Lawyers was capable of paying that amount of alimony.

What monetary difference could this make to Mr. Lawyers?

Let's say the court found Mr. Lawyers had the ability to pay Mrs. Lawyers Rhode Island alimony in the amount of $900 per week for the last 28 weeks of the three (3) year alimony period that was agreed upon. Let's also assume that the court held Mrs. Lawyers to the three (3) year period of alimony because she had validly waived alimony permanently after that three (3) year period of time.

Mr. Lawyers had agreed to pay $400 per week. Mr. Lawyers is now ordered to pay an extra $500 per week for the last twenty-eight (28) weeks. This now requires Mr. Lawyers to pay Mrs. Lawyers an extra $14,000 that he hadn't planned on.

To Mr. Lawyers and/or Mr. Lawyers' Rhode Island attorney, the omission of that single word . . . "non-modifiable" . . . just cost Mr. Lawyers $14,000.

The words you use in your agreement and the words used in the order by the court are crucial. Care should be taken in drafting any alimony provision in a Rhode Island Marital Settlement Agreement. Care should also be taken to make sure that the word "non-modifiable" is used by the court in its order, if that is what is intended or expected by the parties.

In this example it was worth $14,000 to Mr. Lawyers. That's one very costly word, don't you think?

Authored By:

Christopher A. Pearsall
Attorney-at-Law
70 Dogwood Drive, Suite 304
West Warwick, RI 02893

Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce* Lawyer & Family Law* Attorney

Copyright 2008. Christopher A. Pearsall
A New Rhode Island Divorce Lawyer for a New Millenium!

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law. Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | Chris Pearsall | Legal Scholar | Pearsall Law Associates | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers

Posted by Attorney Christopher A. Pearsall on Wednesday, November 26, 2008 at 06:15 AM in Divorce & Alimony, Divorce & Marital Settlements, Divorce & Property Settlements, Divorce & Questions, Divorce & Temporary Spousal Support, Divorce Attorneys & Lawyers, Divorce Procedure | Permalink | Comments (0) | TrackBack (0)

Monday, November 24, 2008

RI Alimony Language - Wording is Everything! Part 1

In a Rhode Island Divorce proceeding alimony must be awarded or denied by the Family Court Justice.

Since alimony under Rhode Island law is rehabilitative in nature, more often then not it is waived by one or both parties during the course for most Rhode Island divorce proceedings.

Alimony that is rehabilitative is awarded by the court based upon the recipients need for financial support while he or she (1) re-establishes himself or herself in the working world with existing skills, (2) re-trains himself or herself with skills sufficient to sustain himself or herself with more modern skills, (3) is unable to care for himself or herself due to injuries, illnesses, handicaps or other circumstances that reasonably warrant the award of alimony for an extended period of time because one spouse is unable to care for himself or herself.

Alimony may be agreed to by the parties in circumstances when an award of rehabilitative alimony may be considered inevitable by the parties and/or their lawyers. In other instances, a spouse may agree to pay rehabilitative alimony to the other spouse because their is an ability to make such a payment, even if the court would not normally award it, and one spouse wants to help the other spouse for a reasonable period of time until he or she regains a financial foothold on his or her own.

Whether alimony is by an award of the court or by an agreement of the parties, it is important that the language used by the court for any award of alimony is accurate pursuant to the agreement of the parties or as intended by the court.

The typical example is when an award of alimony is made for a specific amount of money for a specific period of time. In this instance, clarity of language is essential!

Assume that Mr. Lawyers has agreed to pay Mrs. Lawyers alimony of exactly $400 per week for a period of three (3) years. Now let's assume that the alimony award is phrased as follows in both the Marital Settlement agreement of the parties as well as the Decision of the Court. Nothing else is mentioned about alimony.

"Defendant Mrs. Lawyers shall pay Mrs. Lawyers rehabilitative alimony of $400 per week for a period of three years."

Here is where accuracy in the language regarding the rehabilitative alimony provisions is crucial when it comes to clarifying the Marital Settlement Agreement and/or the Decision of the Court. If this is the ONLY alimony that Mrs. Lawyers is to receive per their Marital Settlement Agreement, then Mrs. Lawyers MUST request to waive alimony permanently on the record of the court and Mr. Lawyers or his attorney must make sure that the decision of the court is clarified to state that Mrs. Lawyers waives alimony permanently after that three year period. Either Mr. Lawyers or his attorney should do so even if it means clarifying to the judge BEFORE the hearing or trial is concluded that the award of alimony should involve a waiver of alimony permanently with the exception of that three year period.

Why is this so crucial in a Rhode Island divorce proceeding?

Well, in the first instance it is significant to Mr. Lawyers. If there is no permanent waiver of alimony by Mrs. Lawyers other than that three year period, then Mrs. Lawyers has a viable legal argument that alimony WAS NOT expressly limited to that three year period of payments because she DID NOT waive alimony permanently. Therefore, if things aren't going well for Mrs. Lawyers at that time and Mr. Lawyers still has the ability to pay continued alimony, then Mrs. Lawyers might decide to return to court for another 1, 3 or more years of alimony.

In the second instance, if Mr. Lawyers has hired a Rhode Island attorney to protect his interests in the divorce, then the attorney may have made a crucial mistake because he or she didn't make sure a permanent waiver of alimony was made by Mrs. Lawyers. Unless there was a miscommunication or some other circumstance which explains why the Rhode Island attorney didn't insure the permanent waiver of alimony was made, then the Rhode Island attorney may find himself or herself on the receiving end of a legal malpractice claim.