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Rhode Island Divorce Attorneys May Just Tell You What You Want to Hear!

As a Rhode Island Lawyer focusing my practice exclusively in the area of Rhode Island Divorce and Family Law, I have learned that when people come in for a consultation they want to tell me their story and they want to be told exactly what they want to hear. 

Yes, despite the fact that every divorce lawyer may not portray a realistic scenario to the potential client, clients need to realize that a lawyer may tell them exactly what they want to hear.

If you skimmed that last paragraph which was only one sentence long and you have already forgotten it, then . . . my dear reader . . .WAKE UP!

I'll repeat it because it is so crucial and I'll even be more blunt.  Some lawyers . . . to get your business . . . will tell you exactly what you want to hear!  They may give you results that are not realistic not just for your divorce case but for ANY divorce case.

Lawyers are businesspeople and they get hit by economic times too.  Without clients they don't have income.  Without income, many of them can't afford that cushy little porshe or mercedes they drive.  Without income,  they may have to consider making a late payment on their house or their summer home.  Without clients, the lifestyle a lawyer may have developed for him or herself doesn't last long.  So the lawyer needs to bring in clients. 

That may be you!  Wouldn't it be nice to go into a divorce lawyer and give him or her a quick snapshot of your life with your spouse and kids and then he or she tells you how everything is going to be fine, that they've dealt with this scenario a million times before and that if you hire them, then they will deal with all that anxiety for you and it will be over before you know it.  Imagine a lawyer telling you that all this stress you are feeling right now is needless because the lawyer is going to get you a great divorce settlement and that you should let him or her deal with it and your troubles will be over.

Now, here you are all comfortable and feeling that this lawyer is going to take care of all your divorce troubles when he tells you the cost.  If you are especially stressed out, are you likely to agree to provide him or her with a $3,500 retainer at an hourly rate of $250 per hour?  Most people will find a way to do so because the lawyer is offering a solution to divorce stress and anxiety in your personal life.  What is more painful to you?  The stress and anxiety at home or parting with a few thousand dollars.  In many instances the stress outweighs the money. 

Some, but not all lawyers will do this.  Let me give you an example that came up recently but I'll change the players and the issue itself to protect the privacy of the individual involved.

Clyde met with me for a consultation.  Clyde wanted to divorce his wife Cassie.  Clyde and Cassie had a fight and Cassie told Clyde that he could go ahead and divorce her because she'd be set for life.  Clyde didn't know what Cassie was talking about so he asked her.  "Well", Cassie snapped, "I've already been to a lawyer and he already explained to me that you're going to have to pay me alimony and I'll be doing just great and you'll be broke."  Clyde looked at her in disbelief. 

"Really?" Clyde stated in disbelief.  "Yes.", Cassie answered.  The lawyer told me that you'll have to pay me alimony "indefinitely".  Clyde answered, "I don't think that's true Cassie.  You may want to check with another lawyer."

Cassie got angrier.  "I don't need you telling me what to do.  I've already seen a lawyer and I know what is going on and my lawyer said you're going to be paying me alimony FOREVER!"

"I don't think that's how it works Cassie. So you may want to check with another Rhode Island divorce lawyer."  Clyde was urging her now.

"Nope.  I like this guy and he's told me exactly how it's going to go for you and I like that just fine.  So go ahead and serve me with the papers because I don't like the way you're handling the money as it is."

In this situation it isn't hard to see what has happened.  Cassie went to a lawyer for what was probably a free consultation and she told the lawyer what was probably only her side of the story.  The economy is hurting and the attorney figured out what Cassie wanted to hear in order to hire him as her attorney.  So the attorney painted Cassie a very rosy picture and told her exactly what she wanted to hear in order to get her as his divorce client.

Only too often this is the rule rather than the exception.

It is best to remember the old adage.  If something sounds too good to be true. . . it probably is!  The easiest way to get a divorce client is to tell him or her what they want to hear instead of being honest about the process and what may or may not occur.

If a lawyer is pressing you to engage him or her as your divorce lawyer, usually this is a warning sign.  If you don't hear a few things that put you on edge during a consultation because they cause you to worry a little, this is another warning sign.  If you hear everything you want to hear AND you are pressured into retaining the lawyer's services quickly this is a warning sign as well.

On rare occasions when there is an uncontested divorce or when the parties have good respect and communication with each other, then it is reasonable to hear everything you want to hear from the lawyer.  Otherwise, if the lawyer doesn't raise some possible issues that give you cause for concern, then you should consider whether the lawyer is just telling you what you want to hear just to get your business, especially if the lawyer stands to gain a substantial hourly rate off the arrangement.

In the end, be careful.  If you hear exactly what you want to hear when there could be issues of alimony, child support, visitation, placement, retirement plans and real estate division, then you should shop around by selecting lawyers who are known to routinely practice divorce law before the Rhode Island Family Courts.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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Copyright 2009.  Christopher A. Pearsall, Esquire
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Rhode Island Divorce Attorneys - Is RI Attorney Specialization a Trick?

Are you paying close attention to the websites of Rhode Island attorneys who state that they specialize in a particular area of law?  A proper website for attorneys claiming to specialize in any area of law should include a statement similar to the following:

The Rhode Island Supreme Court licenses all attorneys in the general practice of law.  There is no recognition of specialty and no testing or certification in Rhode Island to become recognized as a specialist in any area of law.

So how can it be that Rhode Island attorneys can call themselves "specialists" or indicate in advertising that they specialize in any area of law when they are licensed only as general practitioners by the State of Rhode Island.

Is this a trick?  Are Rhode Island attorneys duping you into thinking they are specialists when they aren't?  How can you tell who is telling you the truth and who isn't?  How can you tell who is truly competent in an area of law and who only has a passing familiarity with it?

What standard can you rely upon so that you engage good representation?

Whether you are talking about RI divorce attorneys or Rhode Island Estate Planning attorneys, it may help you to know that Rhode Island attorneys who represent that they specialize in a particular area of law are not trying to trick you.

What you need to understand as a consumer is that there are many areas of law and that attorneys often find the need to limit the areas in which they choose to practice so that they can be known for what they do.  Many attorneys want to be known as reasonably proficient in one or more areas of law.

This makes sense by design.  As a Rhode Island attorney, would you want to fall into the old phrase "jack of all trades but a master of none".  Practically speaking it is better to be proficient at, or a master of, a few areas of law rather than to know just a little of each area of law with lots of holes in your scope of knowledge.

So what is specialization? 

It is a attorney's determination that he or she has focused his or her legal knowledge in specific areas of law.  If a Rhode Island attorney says he or she specializes in a particular area of law, it means that he or she has decided to focus his or her practice in that area of law and maintain that focus.

The one question you may want to ask yourself is this.  How many areas of law can a attorney really be a master of?  If a attorney says he or she does divorce, personal injury, real estate, medical malpractice and criminal law . . . aren't these substantially different areas of law?  Depending upon how long the attorney has been practicing, it could very well be that he or she is willing to undertake cases in these areas of law, however it is possible that he or she may be a jack of these trades but a master of none of them.

Your best bet?  Know the attorney you are interviewing.  Take the time to check into the attorney.  How long has the attorney been practicing?  How many areas of law does the attorney practice in?

Though I've eliminated distraction from my law practice by engaging exclusively in the practice of divorce and family law, there are many good family attorneys in Rhode Island.  A good rule of thumb might be to ask what areas of law the attorney practices in and verify this on the attorney's website, Yellow Book Advertising and Yellow Page Advertising.  Decide for yourself, if you want a attorney who is good at divorce and family law, is the attorney you are interviewing stretched too thin between too many areas of law?

Imagine a attorney who represents that his or her office practices in 10 areas of law.  Just a thought . . . but do you want to guess which ones few they are really proficient at.  Are you willing to bet your hard earned money that the attorney's real specialty is divorce?

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 2009. 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

RI Divorce Attorneys - Contrasting Practice Philosophies

The public should be optimistic, yet concerned about a Rhode Island Divorce Attorney's philosophy.

Why?

A Rhode Island divorce Attorney's philosophy may actually be a strong indicator of whether your case goes quickly and inexpensively or seems to be drawn out and more expensive than projected by the Attorney.

Consider these two different divorce lawyers who practice domestic relations law in Rhode Island.  (The names are ficticious.)

Attorney Lucian Caltey is a businessman.  Lucian is in the business of making money and he has two children in private school.  Competition in Rhode Island for legal business is very competitive.  Mr. Caltey knows what it costs for his overhead and he knows how much it costs to meet his overhead and still make enough to meet his family bills each month.  As a Attorney and business man, Mr. Caltey has figured that he needs to obtain 16 new clients each month and that he must make at least $3,000 from each client, on average, in order to break even.  Otherwise he needs to bring in more clients or make more money on each client.

Imagine that you are a client and you engage Attorney Lucian Caltey to represent you in a divorce.  Looking directly at him, Mr. Caltey's philosophy is that you are a paycheck to him and that he must make $3,000 from you before your case ends.

How might this affect your mindset when considering this Attorney as a person to represent you in your divorce matter?  How might it effect you if you want to be equitable and amicable and try to settle the case quickly?  Does your philosophy of how you want to resolve your case clash somewhat with this Attorney's philosophy that you are just another paycheck?

Now imagine Attorney Justine Practitioner.  Justine is a businesswoman and she too is interested in making money, but Justine knows that there are already lawyers like Mr. Caltey out there.  As a business woman and Attorney, she knows that people deserve a good Attorney at a decent rate but that she knows that there are many lawyers like Mr. Caltey that already draw out cases unnecessarily.  Justine became a Attorney to help consumers, not to bilk them out of their hard earned money.  Justine's personal integrity does not allow her to become engrossed in finances so that her clients suffer for her lifestyle.  Justine knows that there are too many unknown factors in a divorce and she endeavors to make whatever income she makes by helping as many people as possible as quickly as possible.

Justine's philosophy is more like the investor who wants to purchase, improve and "flip" as many houses as he or she can for a profit in as short a time as possible and with as little aggravation as possible.

Does Justine's philosophy of how she practices law more in line with your thinking of who you might like for an attorney?

Would you rather be a client of a Attorney who's job it is to make money to survive by helping you move on as quickly as possible with as little difficulty and aggravation as possible?

This is merely a difference in law practice philosophies.

Do you want to identify the best choice of an attorney to suit you?  Try to observe the lawyers as they speak to you, what they say to you, what words they use, their attitude when they speak to you, are the surroundings humble or do they appear to shout at you about the Attorney and his or her extravagances.  Take all of the things you observe and try to determine what the Attorney's philosophy might be in practicing law.

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* Attorney & Family Law* Attorney

Copyright 2008. Christopher A. Pearsall
A New Rhode Island Divorce Attorney 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 Attorney | Chris Pearsall | Legal Scholar | Pearsall Law Associates | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers

Rhode Island Divorce Attorneys - What are you paying them for?

After practicing almost exclusively divorce law in Rhode Island for
just about a decade I've run into quite the contradiction between people.

First, I've heard statements from people that "attorneys cost too much".  It's an understandable statement after all.  I know colleagues who charge as much as $350 per hour for their Rhode Island Divorce services.  Certainly to someone who makes less than $100,000 or so per year with very little debt to cover, this is a heft amount to pay for an hour of an attorney's time.

For those who have heard about the unique conversion of my practice to a paperless office, I have now effectively eliminated 85% of my overhead.  What did I do with this 85% savings?  I passed it along to my clients through reduced rates and the absorption of various costs.  In truth, for the services I provide, the fee agreements I offer have been questioned by many people.  Initially, many people walked away from my services.  At first I wasn't quite sure how to take this response in the first few months.

Here I was hearing people complaining that attorneys cost too much.  Then I come up with an alternative that is literally unbelievable and dwarfs the rates of current full-time Rhode Island Divorce practitioners causing huge savings for my clients.  What happens?  People walk away from it with the statement . . . "it's too good to be true!"

I began pondering.  What the heck do people want?  What is wrong with them?  You charge the going rate to cover your overhead and they say you charge too much . . . . Hey, that's just like a attorney, right?  We're all out to screw people over, right?

No, it's not right.  There are good attorneys out there.  Some of us even care.  Some of us believe that client's need help and that rates need to be lower.  We're not out to screw people.  In truth, we are willing to sacrifice a six-figure income so that people can get affordable representation.  Yet when we present the concept . . it's too good to be true!

Ouch!  That's enough to send a attorney trying to help the public into shifting right back into the mainstream and charging the going rate based upon his or her amount of skill.

It took me some time to realize that it wasn't the concept that people didn't get, it was the rationale behind the approach.  When I realized how to help people understand my philosophy and why this practice method is better for them, it was like a light in the darkness.

The answer was simply this.  What do you pay your Rhode Island Divorce Attorneys for?  In the traditional scheme of things you pay them for their income, their cushy air conditioned office in the summer, their warm bright office in the winter, their BMW, their trips to Greece or three or four times each year and their $500 tailored suits. 

In the traditional concept of a Rhode Island Divorce attorney, you pay for the building they are in and everything that goes with it.  You pay for all the amenities, the secretaries, new computers, copiers, service plans, plumbing repair, the ground maintenance people, the air conditioning, the heat, the private school for their children and much more. 

So you let's say you hire Attorney Billings at the firm of Billings, Nowe & Offen and your $250 per hour pays for all of that.  But didn't you just want to retain the attorney for his or her skill in you divorce?

THAT is the difference! 

I've had people walk away from a consultation with me and here's what they've said. 

"Sorry Chris, I'd rather pay the extra $150 per hour for the fancy office.  It makes me feel more comfortable." 

Okay, I understand it.  I can't expect that I can undo decades of practice.  After all, that's a personal decision he or she made.  It's their choice to make.  But I don't mind telling you that I do scratch my head and wonder a bit.  I mean, it is a bit perplexing to me.

If you don't understand why it's confusing to me, then I'm not explaining it well enough.

Imaging that you have a attorney that says,

    "Hey  I have two plans I can offer you for my services. 
   
    Here's the first one.  I can make you feel comfortable with my cushy office, air conditioning, top of the line copies, secretaries, grounds keepers, parking spaces, and you pay for all these extras that I get each year for me and my kids plus our 4 weeks of vacation each year but it's going to cost you $250 per hour and I'll need at least $3,500.00 up front. 
   
    OR,
   
    You can just pay me for my skill as a Rhode Island Divorce attorney and I'll cut that price in half."

Which one would you rather do?

When you come to me I only offer the second option.  That's the difference!

Go ahead.  Pick up the phone and call Rhode Island Divorce Attorney Christopher Pearsall today at (401) 632-6976 to set up your low-cost consultation!

You'll be glad you did!

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

Rhode Island Alimony - The Language is Crucial! 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.

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

Rhode Island Alimony - The Language is Crucial! Part 2

This Rhode Island divorce tip article is a follow-up to my first tip article which may be found at http://www.rhode-island-divorce-attorney.com/2008/11/in-a-rhode-island-divorce-proceeding-alimony-must-be-awarded-or-denied-by-the-family-court-justicesince-alimony-under-rhode.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

Vested vs. Unvested Pensions: A Rhode Island Divorce Attorney's Tip

Does either spouse in your Rhode Island have a pension that you or your attorneys need to address?

If either party in a Rhode Island divorce has a pension then there are various issues you will want to consider.  Specifically, the divorce issue we want to address here is that of "vesting." 

You can find out if your pension is vested for the purposes of your Rhode Island divorce by contacting the administrator of your pension fund and simply asking if your pension if your pension is vested or not.  You also may want to asked your pension administrator when your pension will vest (become vested) just in case the date might occur during the course of your Rhode Island Divorce proceeding.

ISSUE

The Rhode Island family court judge only has the power to order the equitable distribution of marital assets, including pensions. 

If you or your spouse has a pension that is not vested, what part of the pension, if any, is subject to the Rhode Island family court's power of equitable distribution?

If you or your spouse has a pension that is vested, what part of the pension, if any, is subject to the Rhode Island family court's power of equitable distribution?

ANSWERS

The only part of a vested or unvested pension that is subject to equitable distribution/division by the Rhode Island Family Court Judge is the "marital portion" of the pension.

The marital portion of any pension is dependent upon various circumstances, including (1) the length of the marriage, (2) the type of pension (civilian or military) and the laws governing it, and (3) whether the pension is vested or not.

While it may be the Rhode Island family court judge's role to determine after trial what the marital portion of the pension may be, it is the job of each spouse and his or her divorce lawyer to present to the court what part of the pension is the marital portion.  Sometimes your divorce lawyer may be able to argue that a larger portion of the pension is actually the "marital portion" if it is to your benefit to do so.  However, if there is disagreement between spouses and/or their divorce lawyers regarding the true manner in which the marital portion should be calculated, proof may be presented at trial.

Proof of the marital portion of the pension that is subject to distribution by the Rhode Island family court may require expert testimony by way of an actuary who substantiates the basis for claim and the amount of it.  Without this information, your Rhode Island divorce judge may not have sufficient information for determining the basis, amount or validity of your claim on that pension.

The issue of whether a pension is vested or not is of substantial benefit to both spouses, the court and an actuarial expert if one is necessary. 

If the pension has not vested at the time of the entry of the Final Judgment of divorce, then the pension payments themselves are not subject to distribution in the future.  Since the pension is not vested then the body (corpus) of the pension is only made up of the contributions made to the pension.  There is no entitlement to the benefits of the pension after it vests simply because a spouse may have an entitlement to a portion of the monetary contributions to the pension.

If the pension is vested prior to the entry of the Rhode Island Family Court's Final Judgment of Divorce, then the benefits of the pension itself provided by the "vesting" of the pension during the marriage are subject to distribution of the Rhode Island family court.

Thus, the family court's distribution power in Rhode island in a divorce proceeding is limited to either (1) the financial contributions made to the pension when it has not vested prior to the entry of Final Judgment of Divorce, or (2) the benefits provided by the pension when it has vested prior to the entry of Final Judgment.

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

A Rhode Island Divorce Attorney's Tip to Prevent Payment Issues for the Medical Expenses for Minor Children of a Divorce!

Whether you are trying to settle your own divorce with your spouse, writing up your own Marital Settlement Agreement or looking over a Marital Settlement Agreement prepared by your Rhode Island divorce lawyer or your spouse's lawyer, this tip is one that both clients and lawyers can take to heart.

Future medical expense payment issues often occur when one spouse looks back to the language of either the Marital Settlement Agreement and/or the Final Judgment of the Rhode Island Family Court and refuses to make payment for one or more expenses claiming that the language does not require him or her to pay for all or part of that expense.

For instance, the Final Judgment requires each parent to pay 1/2 of all uncovered and uninsured medical expenses for the minor children.  The wife gets the children braces and demands that the husband pay 1/2 of the braces.  The husband refuses.  The husband's lawyer argues that his client does not have to pay for half of the braces because braces are not a "medical" expense.

Another example arises when a child becomes injured in a car accident and requires substantial surgical treatment and therapy.  The Marital Settlement Agreement states at each parent will pay 1/2 of all uninsured medical and dental costs for the minor children.  Therapy ends for the minor child and the therapist cannot continue because the medical insurance has reached its maximum number of therapy sessions for the child.  The therapist mentions a therapeutic device that can attach to the child's foot to help regain motion in her left foot but that health insurance does not cover it and it must be purchased and can't be rented.  The cost is $10,000 for the device.  The father takes out a loan because he wants to take care of his daughter and buys the device and
asks the mother for 1/2 of the cost.  The mother refuses.  At court, the mother's lawyer argues that the device is not a medical cost but rather it is a
a device or apparatus meant to substitute for a medical treatment which would
create a medical cost.

When considering language to be used to cover future medical expenses for minor
children when the expenses are to be shared between the parents of the children I suggest using something in the nature of the following:

"The Mother and Father shall be responsible on a 50/50 basis for all uncovered healthcare related expenses and costs expended for the benefit of the minor children."

The terms "healthcare related" are the primary terms that should be included to
avoid future issues as to whether dental is included in medical, or whether orthodontia is included in dental, or whether medical includes therapeutic or
optometic, or etc...

The terms "healthcare related" are broad enough terms to prevent future disputes
without the need for further court intervention with a realistic chance of prevailing on an opposing motion.  The wording and costs "expended for the benefit of the minor children" are helpful wording to solidify that any costs or
expenses referenced are those that are "in fact" expended for the benefit of the
minor children.

Carefully, examine provisions drafted even by your own Rhode Island divorce lawyer and consider this tip to help you choose your wording carefully.  It could save you future disputes, time, money, attorneys' fees and needless stress.

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

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

Copyright 2008.  Christopher A. Pearsall, Entrepreneur and Attorney-at-Law

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law.

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I Want to Be a Rhode Island Divorce Lawyer for Good Clients!

The title of this short article is more than it seems.  I most certainly want to be your Rhode Island Divorce Attorney but there's a bit more too it than that. 

I don't want to be your Rhode Island Divorce Attorney because I want your money.  However, Certainly I don't work for free and yet there's quite a bit more too it than that as well 

Rhode Island Attorneys don't have the best reputation in the world.  There is a litany of complaints about many of us.  We don't return calls.  We charge too much.  We don't listen enough.  We prolong things so we can make more money. We don't care. We're all scheisters and charletons.

I've heard these complaints for the last decade. Some apply to some Rhode Island divorce lawyers. Some apply to others. Some don't apply to any of us. It's these rumors and bad mouthing of attorneys that makes it hard to find a good attorney these days.

Let me give you an example. I was approached by a prospective divorce client who outlined a desperate story of what the client had been through. I was convinced the prospective client was being honest with me and that upon the client's initial up front payment and promises of future payment that I could rely upon this "good person".

I was given an initial up front retainer which was quickly exhausted when I realize that the two attorneys prior to me had been paid double and even triple what I was provided and yet they had done very little for this client. My heart went out to the client.

I put in over 244 uncompensated hours of legal work and advanced approximately $2,200 out of my own pocket to research and protect the client's interests.  I put so much into the case that I pushed my health to the brink and required a court excusal to recover from the tremendous work and stress the case required.

Still, I felt that justice required that I continue for this client and rely upon the client's promises of payment. In short the result was unbelievable. After putting in over 240 hours without compensation and advancing $2,200 or so of my own funds on the client's behalf, I found myself placed in an ethical dilemna by the client's actions which forced me to withdraw from the case during trial as a result of the rules of Professional Conduct as I was required to do.

What was the end result? The client refused to pay me for months worth of work.  The client refused to reimbursed me for the out of pocket monies I had advanced for the client.  Then the client filed a disciplinary complaint against me because I filed a Motion to Withdraw as counsel because the client placed me in an untenable position by contacting the opposing counsel and attempting to directly contact the judge on the case without my knowledge.

Thankfully, the Disciplinary board saw the client's complaint for what it was, the complaint of an unhappy person who went behind his counsel's back and literally "tanked" his own case.  He was upset when I presented him with a bill for the actual time spent on his case. This client resulted in the loss of almost 30% of my family income for the year

This is certainly a devastating blow to receive when you are taking care of a wife who has epilepsy and you are trying to meet office expenses and trying to make sure health coverage is kept in place and medications are available for your wife.

I'm not without a heart.  I have taken on numerous "pro bono" cases over the years to help people in the community but never did they amount to the damage caused by this one client.  Judge Laureen D'Ambra  happened to exacerbate the matter with wrongful and false accusations of marijuana use during the trial which were quickly proven to be false.

Today, I screen prospective clients carefully and I do not accept every prospective client who contacts me. Today, I look for good clients because in the face of all the lawyers just looking to make a buck these days, I am a good lawyer. I operate within strict bounds of morality and well within my ethics and I have no problem filing a complaint against any attorney or judge who violates their ethical obligations.

Are you looking for an affordable, experienced Rhode Island Divorce lawyer?

Great!

I am looking for honest Rhode Island Divorce clients who deserve an experienced divorce lawyer with exceptional skills, high morals and unequalled ethics. 

Add these things to rates that are well below my competition and you'll find that you won't do better no matter how hard you shop for a Rhode Island divorce attorney.

 Rhode Island divorce isn't just something I do.

It's ALL I do!

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 title="ri lawyer divorce"Rhode Island Divorce Lawyer | Chris Pearsall | Legal Scholar | Pearsall Law Associates | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers

3 Tips to Deal with an Ex-Spouse who May Be Trying to Alienate You from Kids

Authored by:  David Pisarra

The topic of Parental Alienation syndrome is a hot button issue, and which side you come down on, is very much determined by whether you are the parent who is trying to destroy any relationship between your kids and your ex, or whether you are the ex.  It is a pattern of behavior that creates fear, anxiety and distrust of the target parent. Frequently it is the mother, but it could be either parent, who tries in subtle, and sometimes not so subtle ways, to create a wedge in the relationship between parent and child.

The subject is difficult to identify because of what the alienator does, as an example, “Susie, I want you call me as soon as you get to daddy’s house. You know you can ALWAYS call me if you need me.” On the surface this looks like mom is just being a concerned mother. but the underlying message is that “Dad’s is not a safe environment for you and I’m concerned for your welfare.  ”Many judges, lawyers, therapists, counselors and evaluators will not see this as an example of PAS, but when comments like that pile up, it begins to create a wedge between child and parent.

The  goal of the alienating parent is to destroy the relationship between parent and child, so that in a child custody case, full custody is given to one parent in contravention of the other’s rights. Father's already have a hard time with this, as they are usually not the primary caregiver, so already their relationship is being minimized due to time constraints.

Professionals across the spectrum argue over what constitutes it, but a great resource for a parent who is concerned, is www.breakthroughparenting.com. Dr. Jayne Majors is an expert at spotting it and giving men the tools they need to combat it.

Dr. Amy J.L. Baker has written a book on the subject, "Adult Children of Parental Alienation, Breaking The Ties That Bind," available at Amazon.com and selected bookstores. The book covers the subject from both the alienated child’s perspective and the alienated parents perspective. It is a resource for the victims and for professionals who treat them. Her website is www.amyjlbaker.comand she has an e-book available for $9.95 as download called "Beyond The High Road - Responding to 17 Parental Alienation Strategies without Compromising your Morals or Harming your Child." This e-book was written to provide targeted parents with concrete suggestions for handling parental alienation tactics of the other parent.

TIPS ON PREVENTING PARENTAL ALIENATION

1. Clear boundaries.
Parents must have clear boundaries of what is and is not acceptable communication with a child, when in the other parents care, and those boundaries need to be enforced. Telephone time, visitation, and infringing on visitation are all topics that should be clearly spelled out.

2. Build a record of the behavior.
Frequently the abuser tries to make it look like they are just a “very protective” parent, with frequent calls to the police because they are “concerned” or notifying Child Protective Services about “possible abuse”, these actions should be documented and a record created when the reports turn out to be false by the abuser.

3. Family therapy.
The outside, objective opinion of a therapist can be invaluable in fighting for your rights and to show the court that the other side is abusing their right to be “protective.” This can be a game changer for the abused parent, and more importantly for the child who is being alienated from their parent.

David Pisarra is an attorney, columnist and entrepreneur, who operates Pisarra & Grist in Santa Monica, Calif.

Click here for David's Website

This Article Sponsored by:

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

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

Copyright 2008.  Christopher A. Pearsall, Entrepreneur and Attorney-at-Law

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law.

Other Sites of Interest

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
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