Rhode Island Divorce and Family Law Attorney | Attorney Christopher Pearsall: RI Marital Settlement Agreements

RI Marital Settlement Agreements

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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Sunday, January 31, 2010

Rhode Island Custody Lawyer Answers A LawGuru Question about Physical Custody and Moving Out of State

Category: Family Law, Divorce, Child Custody and Adoption

Location: Rhode Island

Physical Child Custody Question: I have sole physical custody of my two children and we share joint legal custody. We have been divorced for three years . I currently live in Lincoln, RI and would like to buy a home in Franklin, MA. It is 17 miles away and a 25-30 minute drive. Can the father of my children prevent me from moving such a short distance? There is nothing in our divorce decree that addresses this issue. He currently lives across the street from me and does not want to drive 25 minutes to pick them up or drop them off. I have agreed to meet him half way for visitation but he still has contacted a lawyer. Does he have a valid case?

Rhode Island Custody Lawyer Answers:

Yes, your ex-husband can validly petition the Rhode Island Family Court for an Order preventing you from moving with the Minor Children out of the state. It is not so much the distance that is the issue. The issue arises in the fact that you want to move the Minor Children outside the geographical boundaries of the State of Rhode Island. It is irrelevant that there is nothing in your divorce decree or any marital settlement agreement that you may have had that addresses the issue. Courts and parties are rarely able to address every type of situation that might arise in a family after a divorce occurs, although this issue is a bit more common. However, your ex-husband should make sure he gets an experienced Rhode Island Divorce and Family law attorney to advise him regarding this issue.

Why do I say this?

Because the information he would receive would be substantially in your favor. Rhode Island case law is fairly clear that absent your ex-husband proving that you are moving for a vindictive reason such as to deprive him of his visitation or to make things more difficult for him, then as the placement parent (parent with physical custody) you only need to demonstrate to the court that you have a good reason for moving with the children.

The reason can be anything from buying a house for the children, moving for a new job opportunity, better school systems for the children in the new area you would move to, a better neighborhood for the children, one or more family members live in the new area you propose to move to, etc... but all your reasoning should collectively be for the benefit of the minor children.

Generally speaking a "good reason" seems to be any reason that makes sense for the best interests of the children and you as the placement parent, other than one that vindictively is designed to hurt the other parent in some way. Therefore, even though your ex-husband has a valid case he can make before the court, based upon the facts you have provided here, he is unlikely to prevail in preventing you from moving with the children unless he can prove the vindictive reason for moving the children.

Helpful Family Law Tip:

To protect yourself, put your offer to meet him half way for his visitation and your desire that you don't want his relationship with his children to change in writing and spell out all the excellent reasons you have for moving with the kids and how it would benefit them. This might prove to be an excellent piece of evidence you might be able to present to the court at a later date if you need to.

I wish you the very best of luck. I have addressed this issue over the years and it is one I am well versed in. Your greatest challenge is not your legal issue.

If you need further assistance, do not hesitate to contact me at (401) 632-6976 or review one of my helpful Rhode Island Divorce and Family Law Websites listed on this page.

Warm Regards,

Christopher A. Pearsall, Esquire

Rhode Island's Only Full-Time Divorce Lawyer and Family Law Coach*

* Note: The RI Supreme Court licenses all attorneys in the general practice of law and has no procedure for specialization or recognition in any area of law.

Posted by Attorney Christopher A. Pearsall on Sunday, January 31, 2010 at 10:33 AM in Divorce & Children, Divorce & Physical Placement, Divorce & Questions, RI Marital Settlement Agreements, RI Physical Child Custody | 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 - -