Tuesday, October 30, 2007

Rhode Island Divorce Tips - Inconsistencies Part I

By Christopher Pearsall Platinum Quality Author



As a Rhode Island lawyer choosing to focus my practice on divorce and family law I've had the opportunity to witness some inconsistencies in the divorce and family law process. Perhaps you're surprised, perhaps not. Yet it you're not aware of these inconsistencies before you walk into the Rhode Island Family Court, then you may be in for a rude awakening.


So let's be sure you're informed about your divorce.


1) Different Rhode Island judges give you different results.


All it takes is one example to grasp this little divorce twist. Judge A in sits in Courtroom 5A. Judge C sits in Courtroom 5C two doors down. Both judges will be hearing a Motion to Modify Child Support today. Before Judge A is a father of two girls, he works an average of 35 hours of overtime per week as a firefighter. The children's mother has filed a Motion to Modify Child Support upward.


Before Judge C is the father of a little boy and girl who works about 37 hours per week of overtime as a television station director. Likewise, the mother of the children has filed a Motion to Modify Child Support upward.


Both fathers have roughly the same base income.


The hearings are held in each courtroom. The father in Courtroom 5A comes out with a much smaller child support order than the father in Courtroom 5C despite the similarity of their circumstances.


The father before Judge C ended up with a greater child support payment because Judge C believes that regular overtime income should be considered when calculating child support. Judge A does not believe that any time over forty (40) hours should be considered in child support calculations.


Same court, same court house, same system of justice completely different and inconsistent results.


If you were scheduled to be in Courtroom 5A and then due to an illness you were shifted to Courtroom 5C, would you be upset?


Would it make a difference if you were the mother as to which court you'd want to be in?









Visit http://www.ChristopherPearsall.com to learn about Attorney Pearsall's Divorce focused practice


Visit Pearsall Law Associates for a different look at Attorney Pearsall's practice


PLUS . . . get detailed Rhode island Divorce Information at Rhode Island Divorce Tips Blog


Contact Attorney Pearsall at (401) 354-2369 for your low-cost consultation and even find out why FREE consultations are worth exactly what you pay for them!


This article is for informational purposes only and is not legal advice. You should not take legal action without legal advice from a licensed practitioner who has been fully informed about your specific circumstances.


The Rhode Island Supreme Court licenses all attorneys in the general practice of law and has no procedure for recognition of specialties.



Christopher Pearsall - EzineArticles Expert Author

Get Your Divorce Advice From Objective Sources!

By Livia Monroe Platinum Quality Author



Are you looking for divorce advice? But are you sure you know where you should go and what you need to ask for? When you have your mind set on getting a divorce, you need all the help you can get. And, since you are probably already dealing with a lot of stress and worries, you do not even know where to start searching for unbiased information and experience-based solutions. So, let's take things slowly. First thing is first: are you sure you want to separate? Because if you are just going through a passing crisis, then you might think again.


So, in order to get the best divorce advice, reach to your family and friends - they will know what to tell you in order to help you make the right choice. When you are on the verge of a separation, the last thing you need is to be left alone. If you want to make sure that getting a divorce is the right thing to do, double check your decision with your close family and people you trust. Let's say that the loved ones already agreed with you: the best solution in your case is to start filling for divorce. So, what is the next step? Needless to say, a divorce attorney from your state can give you the correct legal advice. But how can you find just the right one?


First of all, you should get your information from specialized websites - visit the sites belonging to the law firms in your region. Start looking for the divorce attorneys that are experienced and prepared enough to meet the requirements of your case: maybe you are looking for a specialist that knows how to deal with child custody matters, with abuse or adultery. The fact is that you can get a great deal of divorce advice with the help of the Internet.


On top of being able to search online, you can easily access certain support groups and forums. People like you, who went through a divorce or who are just thinking to end their marriage can help you with divorce advice and guidance. You can join such a group, offer your own opinions and benefit from what other people have to say. In order to make sure that you select the best road available to you, it is always safe to ask for more divorce advice and recommendations. Your friends might have relatives that went through the same undesirable event - so contact them and ask for divorce advice regarding where to find the most suitable specialists for your case. If you are informed and prepared before you start the procedures, you can be sure that this otherwise painful affair will be a smooth and equitable one.








Divorce advice can help you manage one of the most difficult periods of your relationship. Your long term mental stability, health and financial situation depend on how well you'll handle your affairs. Livia Monroe's website Divorce-Assist.com provides you with practical, tested advice.


Saturday, October 27, 2007

Should I Get a Divorce - 5 Questions to Ask Yourself

By Susan Willis Platinum Quality Author



Divorce between two people who still love each other can be very painful, not only for the married couple, but for all of their friends and family, as well. Divorce will turn your emotional lives upside down: not to mention the financial costs involved when you consider lawyers, settlements, moving, etc.


On the other hand, sometimes the problems in a marriage are so great that divorce may be the only viable option. For those situations, divorce truly is the best choice for all involved, despite the pain it will cause.


If you or your spouse is considering a divorce and yet you feel there still may be hope in saving your marriage, try asking yourself these 5 questions before you make a decision.


1. Do you still love your spouse? This is perhaps the most important starting point in terms of asking yourself a series of honest questions about your relationship. If you believe that the answer is that you do not really love your spouse any more, you should probably get on the phone with your divorce lawyer right away: there is no point in moving forward if your love for that person has completely died, or if you do not respect them anymore in some fundamental way.


2. Is there anything you need to get off your chest? Are you harboring any information about things you have done or things you need to tell your spouse? Have you betrayed the trust of your relationship in some way that must be brought up with your spouse in order for things to heal? If so, seriously consider sharing these things with your spouse before you proceed. While their reaction could make things harder at first, there may be some things that need to be brought out into the open before you can move on and heal the relationship.


3. Are there any problems that absolutely cannot be overcome while married? Has anything happened between the two of you that provide an absolute barrier to your staying together? Is there an addiction - such as gambling or alcoholism - that needs to be overcome before you can move on in your relationship? Do your best to truthfully scan your mind and heart for any issue or past event whose existence or memory makes your relationship unworkable.


4. Do you have any conditions for staying together? If you or your spouse has had an affair, has a gambling problem, or has done something unethical or illegal that you do not respect, look inside your heart and ask yourself: what absolutely needs to happen before I am willing to commit to this relationship again?


5. Have you given your relationship everything you have? Maybe you and your spouse have been fighting for the survival of your marriage for months or years without a lot of progress. Maybe it has been 3 steps forward, 4 steps back. Whatever the situation, look inside your heart and ask yourself whether you have truly given it your all. Do you have anything left to give?


The prospect of a divorce is a scary thing and nobody wants to have to go through it. Answering these questions honestly for yourself is a first step toward deciding whether you are ready to give things at least one more solid try or to call it quits.








Want to avoid the incredible pain and cost of divorce? If you believe it is worth giving your love another chance, check out this expert guide that has helped thousands of other couples save their marriages at: http://www.Earth-Matters.com/


Divorce Survival - Seven Surefire Ways To Ensure That Your Friends Get Caller I.D

By Linda Lipshutz



Now, let's be clear about one thing. If you are going through a divorce, I absolutely understand that this is a very trying time in your life.


You deserve to have a huge amount of sympathy, and hand-holding from your friends and loved ones. In fact, it's my guess that most of the people around you genuinely would like to be there for you as much as they can, and would like to offer as much emotional support as is humanly possible.


Having said that, there are certain things that you can do that will absolutely ensure that your family and friends will cringe when they hear your voice and will be calling the phone company a.s.a.p to install Caller I.D.


1. Assume that you have cornered the market on suffering! If you go forward with the mind-set that you are the only one with worries and therefore are entitled to monopolize every conversation, do not be surprised if you get the answering machine, instead of your friend.


2. Do not pay any attention to events or occasions in your loved ones' lives. Do not follow-up if you know they've been ill or have had personal problems. If something good has happened to them (such as a new romance, a promotion, a new house, etc.), everyone understands that it might be too much for you to call to congratulate them or send a card. After all, it's depressing for you to see someone else happy and the conversation just might be too painful for you to endure!


3. Use your phone calls as a forum to recount every blasted injustice from your "ex." Make sure to provide lots of details and be sure to portray your ex at his/her lowest. Elaborate on your ex's short-comings and insist that your friends agree with you whole-heartedly. Make it clear that it is unacceptable for them to agree with your ex on any account, and you are expecting undivided loyalty.


4. Drop your kids off regularly for them to babysit. Don't offer to reciprocate the favor. After all, you have a lot on your head. It would be unreasonable for them to expect to burden you with too much. If they dare to comment that you have been too preoccupied with your social life and have not been paying enough attention to your family, you have every right to remind them of their own parenting mistakes and indiscretions.


5. Ask your friend's spouse to do special errands or favors for you. After all, you don't have the support of a partner of the opposite sex, and there are some jobs you can not do yourself. Your friends should be secure enough in their marriages not to be threatened if you spend excessive time alone with their spouse.


6. Show up unannounced to their home with a steady stream of dates, even if you know that you will not be seeing this person again. Do not care if their kids are at home. If their kids barrage them with a million questions, heck, that's their problem.


7. Discuss every sordid detail of your divorce, your dating life and sex life no matter who is present or what else is going on. Again, if their children or neighbors are present, you should not be expected to edit your conversations. You can't help it if "little ears" or prying neighbors are hanging onto every detail. They should mind their own business.


Well, of course there are many other situations that might have a similar effect. It doesn't really matter, does it? Make sure to follow the above scenarios and you should be sure to have antagonized and offended just about every person who has ever tried to be there you at this difficult time!








Linda Lipshutz, M.S., ACSW knows how devastating divorce can be for you and your children. She has devoted her career to helping individuals and their families get through this trying time,while maintaining their dignity and sanity. To learn more about Linda, visit her website: http://www.lifesmartscoaching.com and click onto the Divorcesmarts page which focuses on relevent divorce issues. You are invited to sign up for two free newsletters that address complicated relationship concerns. One edition is just for singles. To sign up for the newsletters, go to http://www.lifesmartscoaching.com and click onto the newsletter sign-up links.


The Right Attorney, A More Stress-Free Divorce Process

By Lana Surmanek



A few years ago, I was deciding on divorcing my husband. It was a very hard decision for me and during that time my husband and I opted out of marriage counseling. I was under stress and my days were lived unhappily, confused, miserable. I sought out an attorney, who was very knowledgeable and compassionate towards me, and my yo-yo decision on whether to pursue or not. After a couple of meetings, we decided to go on with it, by way of legal separation. I had a list of valid reasons for the divorce to come into play, and my attorney looked into what I would be entitled to after the dissolution, and what I wasn't entitled to. I wasn't looking to "clean my husband out". I was just looking for my fair equal share, and make the break as civilly as possible.


The morning my husband was to be served the papers, I backed down and reconsidered. When I alerted my attorney, he was thrilled that I was going to give the marriage another try, he felt if a couple, especially with children, could remain together, it would be best for all involved. 8 years later, I am happy with my husband and my life, and would highly recommend this attorney to anyone needing a divorce, due to his sensibilities, his integrity, his experience in handling such sensitive matters as these. My reasons for wanting the divorce weren't detrimental. Loneliness, for me, would have been.


But there are times you cannot reconcile or hope to remain happily ever after. When it is beyond irreconcilable differences (which New York does not acknowledge as other states do.) When it is detrimental to remain in the marriage, and vital for the safety of the self, and the children, to make the break. You need to obtain a lawyer with compassion, knowledge of his/her field, and one who will have you and your children's best interests come up to the foreground. A divorce is not a walk in a park, the parties experience plenty of hurt (yes, even the one filing for the divorce), and the children's lives become dramatically altered.


If a divorce is an absolute must, some things you need to know:




  • New York residency requirements must be met

  • The grounds for divorce falls into the categories set forth in New York State law

  • Upon your spouse receiving the papers, knowing if it will be contested or not (unless you know in advance it won't be contested)

  • What properties, monies, assets will be divided


Some grounds for divorce in New York are:




  • Divorce after legal separation (separated one year) from the time it was court-ordered

  • Cruel and inhuman treatment (physical, verbal)

  • Abandonment - physical, sexual, or you were locked out of your residence

  • 3 years consecutive imprisonment

  • Adultery


There are self-divorce kits that may offer an inexpensive way to a divorce, but you will be leaving yourself open to failure. A good divorce lawyer will speak with you, learn all about the ins and outs of your marriage/finances/children, your legal rights and responsibilities (such as child support) - and will walk you through your divorce with your knowing that although the best did not turn out during your marriage, you will be well taken care of after it.


www.nylawprofessionals.com








NY Law Professionals is a free service for the general public to help you locate the right New York Lawyers. We specialize in locating Divorce / Family Law Lawyers, Personal Injury lawyers, Business Lawyers, Immigration Lawyers, Bankruptcy Lawyers and service all other legal matters, too. We focus on local attorneys to help in your time of need; Nassau County, Suffolk County, Queens, Brooklyn, Bronx, Manhattan, Staten Island, Westchester County & Tri-State as well. Call Now: 1(888) 99 NY LAW or visit us online http://www.NYLawProfessionals.com


Friday, October 12, 2007

Getting Relevant Divorce Advice

By Peter Blake



You are likely to get different divorce advice when you ask for it, depending on who you ask.


You should be clear in your mind exactly what you want to know before asking for divorce advice. You will then know what questions to ask. Do NOT make the common mistake of not differentiating all the different divorce categories, as there are many different divorce categories to look for.


Mind Is Fully Made Up


If your mind is fully made up to get a divorce, however tough it may be, then the advice you seek should be relevant to getting a divorce as soon as possible. This will probably involve meeting with lawyers, so essential you have all the proper information to give them. He or she will then be better prepared to provide you with the proper divorce advice.


Not Sure...


However, if you are not totally sure you want to get a divorce you would be wise to talk to a lawyer or financial expert to ask advice about the financial implications. Divorce advice regarding the wellbeing of your children can usually best be obtained from specialists. Marriage counselors are best qualified to give you advice on every aspect of getting a divorce. It's in your best interests to consult more than one person when you are seeking divorce advice.


When you are sure the divorce is agreed to by both parties, and will be clean and simple without any financial problems then such a divorce should not require any complicated divorce advice. Both parties will have already agreed to getting divorced, so should be emotionally well prepared, with no particular outstanding worries - only sadness. The kind of divorce advice under such circumstances would not normally have very great financial implications, and would probably deal only with a pre-nuptial agreement or even a mutually agreed-to divorce.


However, if you must get divorced perhaps the best divorce advice you can ever get is one which enables you to take care of all the matters on your own by talking to friends, counselors and family. Ultimately the divorce is your decision and only you should be able to think and act it out as best as you can. My advice: Try avoiding divorce at all, if you can, as often painful for all concerned!








Peter Blake, Widmore Road, Bromley, Kent BR1 2RG, Uk
E-mail: Bezierbrit@gmail.com


Peter Blake is an Englishman currently based in London who writes articles on family and lifestyle issues. Professional divorce advice can be obtained form the following website


http://www.save-marriage.net


Divorce Law

By Jim Power



When you have hit a point in your marriage that you no longer wish to stay married there are two options in divorce law for you. You have absolute and limited divorce law to choose from. You will also find that some states have different views on divorce law above the national government. An absolute divorce is a termination based on misconduct in the marriage or a statutory cause. In this case the divorced couple is then considered single. With a limited divorce you will have a separation decree. In this case the divorce law is going to still see you as a couple despite cohabitation being terminated.


You can also choose a no fault divorce is several states. A no fault divorce is where the couple does not have a reason why the marriage failed and there are no grounds being bandied about. Previously in divorce law the judge or court of law would require some time of proof that a party in the divorce had done something wrong such as adultery, or another act. The no fault divorce allows for the divorcing parties to save face. They don’t have to air their dirty laundry in front of others or provide a reason for the divorce. At the end of a no fault divorce the couples are then considered single.


You will also find that in divorce law a divorce decree can be contested. In this case the individuals applying for divorce has issues that the court must work out. Most often a contested divorce involves property or children. In the case of divorce law regarding children the parents must decide on custody. In some instances the mother or father may have restricted rights for seeing their child. There is also the result of alimony. During a divorce the court will take time to observe both parents and find an agreement in a child custody case.


For a contested divorce involving property in divorce law there are certain things to consider. If a prenuptial agreement was signed then the divorce will adhere to the agreement unless grounds are stated satisfactorily. In most contested divorces involving property the judge or court of law is going to divide the assets among the two individuals based on the arguments seen.


Divorce law is one of the increasing industries regarding employment. The United States has seen an exponential growth in divorce cases. It may be related to the new divorce law of no fault or other reasons. In either case you will find that there are several divorce lawyers available in every state. If you need to find a divorce lawyer you may seek referrals, go on the internet and research lawyers, and speak with the law board to make sure you are finding a lawyer that has passed the bar. In some cases divorce law can be settled with out the court of law. In these cases the divorce is amicable and the papers signed in one of the lawyers offices or neutral ground.








Jim Power is writer for the legal website about Divorce Law more information can be found at http://www.lawyermemo.com


Energize Your Self Confidence After Divorce

By Barb Lundy



The stress surrounding divorce whittles away at the self confidence of both husbands and wives. The realization that your journey as a couple is coming to an end can leave you feeling fearful about future relationship choices. The adversarial nature of divorce leaves few couples unscarred by the experience.


After the papers are signed, you need time to rebuild your life. Make some goals that you can realistically reach and plan what you want to get done each day to reach those goals. Deciding to do something positive can help pull you out of post-divorce depression.


You often have to make major decisions during the overwhelming divorce process. Returning to a strong sense of balance and self confidence can make a big difference in your experience. You may be facing big changes like selling your home or starting a job search. Even smaller tasks like changing your name, revising your will or updating your driver’s license can feel monumental because they are connected to the divorce.


If you have children, think about establishing a parenting plan so your kids don’t get caught up in any residual tension between you and your spouse. Remaining calm and self assured around your children will help them feel safe while they cope with changes in their lives. There are several good books that can help you figure out how to co-parent effectively. Mom’s House, Dad’s House and The Co-Parenting Survival Guide are two great resources.


Concerns and fears about the future are normal. You may want to discuss your concerns in a support group setting or with a therapist. Also, think about using self hypnosis as a way to lower stress and feel more optimistic about the future. The Press Play Series has just come out with a new Energize Self Confidence CD. It runs about 30 minutes and listening to it, or other similar CDs, can help you feel more hopeful and ready to take on life’s challenges. You can find Energize Self Confidence on Amazon for a reasonable $19.99 or at http://RHChypnotherapy.com/. If you want to find a certified hypnotherapist in your area to help you cope with stress, contact the National Guild of Hypnotists for a referral.









Barb Lundy,CH



The All-Important (and Required) Financial Affidavit in a Florida Divorce

By Vivian Rodriguez



Here’s news for anyone who wants a divorce in Florida, whether a contested or an uncontested Florida divorce: you and your spouse will both have to complete and file a financial affidavit with the court and provide a copy to your spouse. It is required in all Florida divorces, even if you and your spouse have no marital property or debt.


So what exactly is the financial affidavit, and what is it supposed to do? A financial affidavit is a snapshot, a picture, of your financial condition, including your income and expenses; and your assets and liabilities, including non-marital assets. A financial affidavit is NOT a budget, and you can run into trouble if you try to use it as one.


The financial affidavit is used to disclose to the court and your spouse your financial condition. It provides a uniform way to do this without taking unnecessary court time or costing you time and attorney’s fees in proving what your spouse owns and what was or was not acquired during the marriage. It is also the document that will contribute to setting the Florida child support obligation of each party.


The Florida Family Law Rules require disclosure of financial information between the parties and in all cases include, at a minimum, the filing of a financial affidavit.


In a simple Florida divorce, or simplified divorce in Florida, the financial affidavit is usually the only document you will file with the court to comply with disclosure requirements. In an uncontested Florida divorce, one that is not a simple divorce, your financial affidavit may be the only document you file to comply with disclosure requirements. In a contested divorce, the financial affidavit is important and will accompany many, many, other documents complying with the disclosures required.


The Florida Forms for divorce include two financial affidavit forms. There is one financial affidavit for a party who has $50,000 in income per year, and one for a party who has more than $50,000 in income per year. So, which form will apply to you will depend on your annual income.


Once you have completed a financial affidavit, you will sign it under oath before a notary public, and file it with the court.


It is important to understand the meaning of signing this document under oath or affirmation: you are swearing or affirming to the court that the information regarding your income, expenses, assets, and liabilities as reflected in the affidavit is true. As a result, and since it is filed with the court, if your financial information does not contain information that it should contain, this can make you seem as if you’re trying to hide information. And this will not help you if your divorce becomes contested because it can be used to make you seem…less than truthful.








Vivian Rodriguez has been a practicing attorney in Florida for over 18 years, and is a Florida Supreme Court certified family mediator, http://www.viviancrodriguez.com For information on having your unontested Florida divorce forms professionally prepared you can visit http://www.myezfloridadivorce.com Tel 305-760-4557


Dating After Divorce - Are You Ready?

By Lisa Fredette Platinum Quality Author



Dating after divorce can evoke two extreme responses – never again or where can I sign up?


A divorce can make you very cautious about dating. You may be saying to yourself, the marriage was meant to be permanent and I got my heart broken, chances are that dating after divorce will cause the same result. So rather than taking the chance of getting hurt again, many of you shy away from getting into another relationship – content with being single. Is it really contentment with being single or is it hiding behind your protective armor? Only you can answer that question.


The second respondent – where can I sign up goes in the direct opposite direction. The fear of being alone, rather than heartbreak, is what motivates this person. The danger with this type of thinking is the potential of jumping into another relationship before you are ready, which is a recipe for disaster.


How does one know when they are ready to date after divorce? Are you really able to make the right choices, considering you have just gone through an emotional trauma that is equal to death? Can we trust our emotional compass at this point in the game? If not, what can you do to make sure you make the right choices about future relationships?


David Steele, founder of Relationship Coaching Institute and author of Conscious Dating, has developed an assessment to determine your relationship readiness. The assessment tool is called the Relationship Readiness Quiz for Singles. The test requires you to rate yourself in ten different areas of your life to determine if you are ready for a relationship.


Depending on how you rate yourself, in each one of these areas, determines whether or not you are ready to start dating and furthermore at what level you are ready to date.


Did know there were different levels of dating? I didn’t, until I started my coaching singles training with the Relationship Coaching Institute. I really wish I had this knowledge when I started dating again after divorce - it would have saved me a lot of heartache. So what are the different levels of dating?


1. Short-term Recreational Dating – The purpose of short-term recreational dating is to have fun and practice your dating skills. You are meant to enjoy the company of the other person without having any long-term attachments. Success is based on both partners being clear about the intention of the relationship. If one party is looking for a long term committed relationship this type of arrangement will fail. Short-term recreational dating can be a great ego boost for those of you who are getting back into the dating game after a divorce.


2. Long-term Committed Dating – The intention of this relationship arrangement is to find a compatible life partner. In order to do this successfully, both partners need to be committed to foregoing other recreational dating strategies, but avoiding the “mini-marriage”. Using the essential dating skills of scouting, sorting, screening and testing is very important in this dating stage.


3. The Mini-Marriage - The mini-marriage dating stage is exactly how it sounds. The parties jump too quickly into the committed stage before they have time to assess there readiness. Individuals who start dating again after divorce very frequently fall into this stage.


Dating is tricky no matter your age, but it is even more so for those who are getting back into dating after divorce. Take your time and make sure you are emotionally ready to get back into the dating game before you make the leap.


Do you think you ready to start dating again? If you don’t know whether or not you are ready then take the Readiness Relationship Quiz and find out. The feedback from the quiz will help you identify areas that still need work or may be you are one of the lucky ones and are ready to hit the dating scene now. You won’t know for sure until you take the quiz. Contact me at coach@lisafredette.com for a copy of the Readiness Relationship Quiz and start making “conscious dating” decisions today!









Lisa A. Fredette is a CTA Certified Life Coach and a member of the Relationship Coaching Institute as well as a graduate of the Fearless Living Workshop. She is the owner of Passionate About Life Coaching and Passionate About Life Coach Divorce Recovery Coaching Club. Lisa provides one on one and group coaching, workshops, teleseminars, ebooks, ecourses and a coaching club for her clients. Her main focus is on supporting women who are motivated to take their divorce recovery to the next level and singles who want to attract the right partner. Sign up for Lisa's free report "Be the Navigator: Six Easy Steps to Getting Back into the Driver's Seat of Life" at http://www.lisafredette.com or sign up for the Passionate about Life Coach - Divorce Recovery Coaching Club at http://www.passionateaboutlifecoach.com and gain the support you need to turn your divorce into a celebration of life.



Lisa Fredette - EzineArticles Expert Author

Divorce Agreements in an Uncontested Florida Divorce

By Vivian Rodriguez



If you and your spouse have decided to get divorced through an uncontested Florida divorce proceeding, a divorce agreement--or marital settlement agreement--will be part of your divorce papers if you have assets, debt or children. And it is an extremely important document.


The marital settlement agreement, like any other agreement, is a contract. In it you will include those things that each of you agreed to do in connection with your children, if you have any, as well as the property and debt accumulated during the marriage.


As a contract, the agreement will be enforced just like any other contract. This means that if you and your spouse agree to something in writing, you had better make sure that what is in writing is all you agree to. In other words, do not make any “side” agreements or “understanding” about anything included in the agreement thinking that your spouse will abide by what is not written in the document. What is in writing will control over everything else.


The key to a good marital settlement agreement is to negotiate well and to make sure you can live with what you agree to do. To accomplish both of these goals you also must know—before you sign the agreement---the legal ramifications each provision may have for you once the divorce is final. There are certain things that, once you agree to them, will be nearly impossible to change after the divorce; and if you succeed in making any changes, it may well come after spending a considerable amount of time in post-judgment litigation.


Post-judgment litigation can be as costly as a contested divorce, or even more so. For example, what happens if, as a result of dividing marital debt, the agreement provides that your spouse will pay for that joint credit card debt but he or she doesn’t? In this example, if your now former spouse refuses to pay, you would have to take him back to court to try and enforce that provision of the agreement.


The Florida divorce forms provide marital settlement agreements. However, while they may seem easy to use, the above example is probably typical of what can happen when you use the forms—filling in the blanks according to what you have agreed to---without knowing what the legal consequences could be for you.


© 2007 Vivian Rodriguez








Vivian Rodriguez has been a practicing attorney in Florida for over 18 years, and is also a Florida Supreme Court-certified family law mediator. http://www.viviancrodriguez.com For information on an uncontested Florida divorce using professionally prepared Florida forms visit http://www.myezfloridadivorce.com Tel 305-760-4557


Divorce For Beginners - Women Only

By Corinne Edwards



“The house was listed for sale and we were looking for a new place, when he sent me an email telling me he wanted a divorce. Can you imagine? An email!”


“She was 30. Beautiful, smart, skinny, hip and “only his business assistant.”


I’ve always been suspicious of the relationship. A woman always knows. I was 50. Just a little overweight – but what do you expect after six children and catching food on the fly as I drove the kids to all their activities in the suburbs? A typical hockey mom who needed a hair cut and who did not have “manicure and pedicure please” in her vocabulary.


We had been married 25 years and I had gone through all the bad times with him. Now, he was at the top of his game. Powerful, rich and still very attractive. He was out of town. I called him immediately to see if this was some kind of a crazy joke. He said he still loved me but he was not “in love” with me anymore. I still don’t know what that means. And he “needed a change.”


Obviously, the only antidote for this news is suicide. NO. We have no time for that kind of thinking. No one is worth your health or your life. No one. And if you think this will bring him back – you are wrong. He has probably already made up his mind. It also gives him a wonderful excuse. Who could stay with such a “crazy lady?” You are not a crazy lady.


Your strength at this point is he knows you very well and will underestimate your capability of playing hardball. But you must. In spite of the SHOCK – there must be a stronger word but it will have to do – you have to act immediately. Speed is important. No more Mrs. Nice Girl. If a miracle happens and he changes his mind later, you can always apologize.


Here is your initial plan. You go to the bank. Go to your broker. Get certified checks – not cashiers – for half of any liquid assets available that include your name and have them made out to you. If anyone questions you, tell them it is for a real estate closing. Then, you go to a different bank, open a new account in your name alone and deposit the checks. Why are you doing this? Because men use money to control. And you don’t want to have start begging for money for groceries and your kid’s school trip. I know you think your husband would never do this to you, but they do. If he has already drained the accounts, you need to get an attorney immediately. But you may be beating him to it because he doesn’t think you would do this. Just do it.


Next you go into his home office. He did not get where he is today by being disorganized so all his IRS, bank statements, stock market statements will probably be neatly stored. Remember, he does not give you credit for being so clever so they are probably there. Put all the records into a garbage bag and go to Kinko’s. Have everything copied. Every piece of financial paper you can find. Information on pensions, contracts with his employer. Take these copies to your mother’s house or your best friend’s and put them in their basement. Return his records to his files. Sure, you can get these later but your having these records will save time and money later because your attorney will not have to subpoena for them. Attorneys charge you by the minute not the case. You are not allowed the luxury of having a nervous breakdown yet. There is more to do.


Look at your credit cards. Are they in your name or are you a signature on your husband’s account? If you don’t know, call the credit card companies and ask. You want them to issue cards in your individual name. Tell them it is easier for you when a store asks for an ID. Pay extra for FEDEX to get the cards immediately. Next. Stay with me. I know this is hard. You have several friends who have been divorced. Call them up. You don’t have to tell them this is for you. You want the names of the top divorce attorneys in the city – maybe for a good friend of yours. They may have been the lawyers who represented their former husbands. Gather three or four names and call their offices and make an appointment to see them. Right away. Divorce attorneys do not usually charge for an initial visit.When you get there, it is time for you to listen to your intuitive gut. You will get a feeling of who you can work with in the future if you need to. This could be a long, drawn out process so you want someone you like – someone you feel is capable of protecting you and your children financially. You don’t have to hire anyone just yet but make a preliminary decision. It will make you feel more powerful and you need this now.


This is not a good time for you to move – so if your house or condo is for sale, cancel the listing immediately. Don’t worry if you have signed an exclusive listing with an agent for six months. You can still cancel. It has happened to the agent before, so don’t worry about hurting anyone’s feelings. According to the rules in most states, you are not liable to pay a commission to that agent unless you sell the house during the period of the agreement – either by owner or with another broker. Things are too unsettled right now to consider or even make a good decision on where you might want to live in the future. Keep things status quo for you and your children at this time. You need to maintain a stable environment. Everything else in your life feels like it is going up in flames.


OK. You can fall apart for now. You have done some tough work. Work out of your comfort zone. The fireworks are about to begin. At some point, there will be a meeting. Perhaps he will have second thoughts. Maybe even agree to marriage counseling. And, who knows? Maybe even a reconciliation. For a moment or a while. Do the best you can with what is for now. Even if the counseling doesn’t work, the therapist could act as a mediator in an eventual divorce and help you and your family to adjust to this radical new situation. In addition to a couples therapist, get one of your own. You need someone to talk to besides your mother, sister or friends.


In any event, don’t back off from the actions you have taken financially until you have a bullet proof legal agreement. One cardinal rule. Do not bad mouth this man to your children. It is tempting but it will hurt them. And it will not help you. They will have their own angry feelings, maybe even blame you, and you don’t want to add to that by tearing them apart by choosing sides. He is their father and hopefully, will continue to act as such.


Now, stop. Let time pass. Your inclination is to sit in your chair and stare at the ceiling. And that is okay for a while. You feel as though your life has ended and although it has not, no one will be able to convince you of that just now.


Try to force yourself to get up and do something. Even if it is just walking to the corner to mail a letter. It doesn’t have to be a lot right away. But, be kind to yourself. You have post traumatic stress disorder. Fortunately, you have to take care of your family which will force you into some semblance of activity. You have to shop, feed them and do the laundry.


Elizabeth Kubler Ross, in her many books, talks about the five stages of grief. They don’t always happen in this order but you can plan on all of them to happen to you.


They are:


Denial. “This can’t be happening to me.” Not accepting or even acknowledging the loss.


Anger. “Why me?” Wanting to attack or get even. Lots of blame.Bargaining. Trying to make deals with the spouse who is leaving. Making deals with God. Begging. Wishing. Praying that he will come home.


Depression. We’ve already mentioned this one. Feelings of hopelessness. Mourning the future you will not have now.


Acceptance. Not resignation. Just realizing that it has happened.


You need help with all these stages with your own therapist. Get it. It not seem possible but you will survive. Healing will come in its own time. Don’t let anyone tell you when it will happen. You have your own time frame. You will survive.








A published writer, but only three months old as a blogger. Loving it! When I tell you I did not know the difference between a webpage and a blog only a few months ago, I would not be lying! Now I do and as they say in Brooklyn, where I originated, "Who knew?" I picked personal growth as my topic because I not only have been a self help junkie for years but I had a TV show on national cable for eleven years and interviewed over 400 authors in that time. Including all the most famous ones you see on Oprah! Since book sales on numbering in the billions in the personal growth field, I thought there would be great interest in this niche. Also, because I am a lady of a "certain age," I have been around the block a few times, made many mistakes and have achieved some success. I am hoping to share my good wisdom with my readers.


Uncontested Divorce In Florida - 6 Tips

By Vivian Rodriguez



In doing your uncontested divorce in Florida, you can use the Florida forms. You can prepare the documents yourself, or you can have a divorce lawyer (or family law attorney) prepare the documents for you. Whichever way you decide to go, here are six tips to make an uncontested Florida divorce a reality for you.


1. Determine whether in fact your marriage is broken and cannot be repaired. Nothing is worse than you trying to get a divorce in an amicable fashion when your spouse thinks it can be worked out. In this instance, your uncontested divorce will likely take longer or never happen, meaning it will become contested, while your spouse puts off discussing the issues you need to resolve.


2. If you have children, discuss who they will live with and who will have visitation. A carefully drafted visitation schedule should take into account not only the rights of each parent to spend time with the children, but also the children’s schedule, particularly when they are older.


3. Calculate the child support. Child support in Florida is based on the parties’ net (that is, after tax) income and the amount of time they spend with the children. Unless the children are spending more than forty percent with the parent who has visitation, the standard Florida child support guidelines will apply. More than forty percent time sharing will result in adjustments to that amount. (A discussion of child support when there are children with special needs is beyond the scope of this article.)


Three important things to note about child support payments:


First, if you’re the parent paying it and your are not seeing the children for any reason, you cannot stop paying child support.


Second, if you’re the party who should be receiving it, you do not stop or interfere with visitation if the other parent is not paying it. Only the court can determine that, and nothing makes family judges more upset than parties playing games with visitation and child support.


Lastly, it doesn’t matter what your expenses are—as far as the court is concerned, child support is the number one obligation you will have; it comes before paying your other creditors, like your credit card and car payments, etc.


4. Inventory the property you own and debts you owe. Make a list of both these things, and sit down with your spouse to decide how these will be divided. If you both have property or debt from before the marriage, you need to address those issues too.


5. Make an agreement. Whatever you and your spouse agree on, write it down. This will be your marital settlement agreement which the court will incorporate into your final judgment of dissolution of marriage. This also means, once part of the final judgment, that both of you must comply with the terms of it as if it were set out in the final judgment itself—it will become an order of the court directed at you, the parties to the divorce.


6. If you have any questions, get a consultation with an attorney. Doing your uncontested divorce doesn’t mean you have to do without legal advice on divorce, particularly the legal consequences of any decision you want to make regarding your divorce---once you agree to certain things, you may not be able to change them. Rather, uncontested means you and your spouse will not contest or disagree, not that you and your spouse will not know the legal consequences of your agreement; so seek legal advice for divorce.








Vivian Rodriguez has been a practicing attorney in Florida for over 18 years, and is also a Florida Supreme Court-certified family law mediator. http://www.viviancrodriguez.com Or http://www.myezfloridadivorce.com for information on having your uncontested Florida divorce professionally prepared using the Florida divorce forms.


Tel: 305-760-4557


How to Stop a Divorce

By Michael L Jones



Okay, you want to stop your divorce and put your marriage back on track? I certainly hope so.


You've invested a lot of time into your marriage, a few decades maybe, or more or less. And now after all that time together, you can feel your marriage is going down the pan! Well if you are willing to make an effort, you can put your marriage back on track and stop the divorce today! Don't give up, you have to continue to invest time in your marriage even if you have spent decades doing so already. Spend time with just your partner, get a babysitter if you have children, and you have your partner can have a night out, go watch a movie or go to a restaurant.


Take note of your daily routine, and maybe cancel some plans of your own to spend time with your partner. If every Friday night consists of going out with your friends, then cancel and spend time with your partner. I'm not saying do this every time, as it may be a bit unhealthy. But at least twice a month is good.


Stay connected, sit down with your partner. Ask how there day was, pay attention to what they're saying. Talk about your ambitions, or anything your interested in! Talk about how you feel towards them every day! Sex is good! Make time to make love to your partner, as often as possible! Get intimate right now. You and your partner will both enjoy it, and it's healthy.


And finally be the first to apologize, if something goes wrong, even the smallest things – apologize right away!








Michael Jones is a marriage counselor with over 20 years experience, he started off his career in marriage counseling after a bad patch in his marriage, but he managed to revive his marriage using tips from the internet.


Click here for Mike Jones free advice on marriage and divorce


Your Spouse's Adultery and Your Florida Divorce - 5 Tips to Know What's Important

By Vivian Rodriguez



When the adultery of your spouse is what leads you to file for divorce, you need to know what’s important. Otherwise, you will be adding financial distress to your emotional distress.


1. Florida is a no-fault divorce state. This means that it doesn’t matter why a couple is getting a divorce in Florida. In fact, a simple statement that your marriage is “irretrievably broken is all that is needed in your divorce papers in Florida. Your divorce petition will not contain any of the details of the adultery unless some other things, discussed below, are important.


2. Your spouse’s adultery may not necessarily impact on your divorce. This flows from Florida’s “no-fault” divorce law. On the other hand, your spouse’s adultery may have an impact on your divorce in Florida if your spouse spent marital property in his or her affair, whether gifts, dinners, romantic getaways, etc. This is an instance when some details may make it into your divorce papers, and then usually when those are prepared by a family law attorney who will know what is relevant and should be included, as well as what is not and should be left out. A divorce petition is not the place to try and get sympathy from a judge by including all the details of how you’ve been wronged.


3. If you’re going to play private investigator to prove adultery and it’s impact on marital funds or property, know how far you can go. It doesn’t make sense for you to hire a private investigator or even play that role yourself if it will not benefit you in any way during your divorce. Further, you need to be careful not to break any laws in your search for evidence to help you.


4. Keep the children out of the information loop. Your children do not need to know the details of your spouse’s affair or even how you feel about it. And a judge doesn’t need to hear from your spouse about how you are involving the children in the matter.


5. Put some distance between the time of your discovery and the time you meet with a divorce attorney for that first consultation. It takes time to deal emotionally with your discovery of your spouse’s unfaithfulness so that you can consider your choices. These choices may include deciding whether you want to try a reconciliation or head straight to the courthouse. Divorce, or family law, attorneys often charge non-refundable retainers (or deposits), which means if you change your mind after you hire the lawyer to begin working on your divorce so that you can try a reconciliation, you will not receive a refund of that money. And beware the attorney who tells you he or she will take your spouse to the cleaners---will make him pay---since that may not turn out to be the case.


While your spouse’s conduct may be morally reprehensible, a Florida divorce is not a tool for moral judgment or punishment. If you know that upfront, you will save yourself not only time and money; but you will also have a better chance of moving beyond it.








Vivian Rodriguez has been a practicing attorney in Florida for over 18 years, and is also a Florida Supreme Court-certified family law mediator.


http://www.viviancrodriguez.com


Tel: 305-760-4557


What To Do To End A Relationship Successfully

By Hollis Polk



Sometimes, things really do happen in threes. And my rule is that when something happens three times, I should have a serious look at whatever the issue is.


Yesterday, I had three people call me about their divorces. One is just beginning a divorce, another is in the middle, while the third is just finishing up. (And actually, a fourth person called because she’s starting a new relationship, which is bringing up unresolved issues from a very long term relationship that ended a couple of years ago.)


They all had a few issues in common — grief, trust, letting go of attachments, and renegotiation. Grief is basically an intense feeling of loss. When any relationship ends, it’s normal to feel loss (you did lose something), and if it’s a marriage or another primary, long term relationship, it’s normal to grieve.


Usually, though, we associate grief with death, especially of a loved one, which makes sense, because it’s a serious, permanent (at least in this lifetime) loss. But there is a big difference between grieving a death and grieving the end of a relationship. When a loved one dies, your family and friends surround you, and support you. Everyone understands death, right? That person who was just there, in a body, walking and talking and hugging you, isn’t any more. And part of the ritual of death is that of family and friends speaking well of the deceased, remembering all of his or her good qualities, helpful actions, achievements, etc.


It’s different with a divorce. First, there is an interpersonal reason for the divorce, as opposed to death, which is more of a personal issue to the deceased. You loved the person you married — you thought this was the best person for you in the world, or you wouldn’t have married him/her. So something changed. Perhaps it’s the other person. People do change, not always for the better (having affairs, or alcohol or other addictions, for example). Or perhaps it’s you -- you may have changed. You may have grown and now be unwilling to put up with things you’d put up with in the past. Or perhaps the rose-colored glasses of love fell from your eyes, and you now see clearly something you successfully ignored or excused for a long time. Or both. (Perhaps you are the one with the addiction issue, but if so, you probably aren’t calling me, so I’ll leave that for others to discuss.)


That means there are huge issues of forgiveness around a divorce (which there often aren’t around a death). First, for your own well-being, you eventually have to forgive your ex for whatever he or she did or didn’t do or say — often over a long period of time. I’m not saying it’s easy, but remembering that people are doing the best they can all the time helps. Now, it may not be a very good best, but it is the best they can do, given who they are at the time.


The more difficult task is to forgive yourself for whatever you did or didn’t do or say — and most especially for what you didn’t see. Forgiving yourself for ignoring what is now patently obvious to you may be the hardest job of all, harder than moving forward each day, constructing a new life for yourself, (and your kids, if you have them). What makes it so difficult to forgive yourself is that you question your own judgment. How did I not see this (irresponsibility, addictive tendency, cruel streak, whatever)? If I didn’t see this, then what else am I not seeing? How can I ever trust my judgment enough to get into a relationship again? Trusting yourself going forward is critically important. You were doing the best you could at the time, too, and you learned from the experience, so next time, you’ll see more, right?


Another task is to let go of emotional/energetic attachment to the other person. While most people think that this is some huge process that takes a lot of energy over a long period of time, much of it can actually be done in just a few minutes with a simple visualization or two. I did this with a client yesterday, and at the end, she said, “That’s it? That was so easy! And I feel so much better.” Stuff happens — suffering is optional. (It’s different for each person, or I’d describe how.)


Divorce differs from death in another way, too. Your friends and family may, or may not, surround you and support you. Perhaps some of them disappear, either because they don’t know what to do or say, or because they “side with” your ex, or because they believe divorce in wrong in principle. And those who do stick with you will often begin to express the reservations about your ex they had all along, but felt it was wrong to voice. Perhaps they only know you as part of a couple, so knowing you as a single person is a completely new relationship. In any case, the important thing here is to recognize that you are recreating, or renegotiating, all your relationships, not just the one with your ex. When you do this consciously, it goes more quickly and easily than if you’re not aware of what you’re doing.









Over 20 years of working with clients, Hollis Polk has seen so many people facing obstacles that could be overcome easily with the right tools (including hypnotherapy, neurolinguistics, and decision science), that she incorporated additional skills into her original clairvoyant practice. She mastered these skills in her “rational” education (a Harvard MBA and an engineering Bachelor’s degree from Princeton, where I specialized in decision science), 20+ years of business experience, and specialized training, including hypnotherapy and neuro-linguistics. Her practice now specializes in coaching to change beliefs, based on psychic information.


This will work for you to change your beliefs and your life!


See http://www.888-4-hollis.com or call 888-4-hollis (888-446-5547) to learn more!



Hollis Polk - EzineArticles Expert Author

Mediation In A Florida Divorce - What Is It Good For?

By Vivian Rodriguez



Whether you have considered filing for divorce, or are in the middle of one now, you have heard of mediation. In a Florida divorce, sooner or later you will go to a mediation, either before you file the case; or during the case because Florida judges refer the case to mediation prior to setting a date for trial. The question, then, what is mediation; and what good will it do in your divorce?


Mediation is one of the alternatives to litigation; in other words, an alternative to a trial, and has several important advantages for you. You will use a mediator, who will facilitate communication between you and your spouse. Mediators are not judges; they cannot make you agree, they can simply help you to agree. This is very important in litigated cases, where each party (and sometimes their attorneys) become rigid in holding their positions in a case, and may not consider certain weaknesses of their case because they are so close to the issues.


In Florida family mediators are certified by the Florida Supreme Court, although anyone may mediate your case if you and your spouse agree. A Florida certified family mediator has taken the required training in mediation, including a 45-hour course, as well as satisfied other requirements. Most family law attorneys prefer a certified family mediator because usually he or she is also a family law attorney, and is familiar with family law. However, in Florida, mental health professional and certified public accountants may also become certified in family mediation if they comply with those requirements.


Negotiations in mediation are confidential unless the law requires the mediator to make disclosure. This means you cannot tell your judge what was discussed in mediation. However, the law requires a mediator to disclose certain things, such as child abuse. In any case, the confidentiality is important because it lets the parties discuss the issues and potential agreements fully, without fear of being held to a less favorable position in court if the mediation does not result in a marital settlement agreement.


Mediation has several advantages. The most important advantage is probably the fact that each party keeps control of what the outcome will be. No one is going to be affected by the ultimate outcome like you will be. So why put the resolution of your case in the hands of a third party---a judge--who does not know you, and has hundreds of cases similar to yours?


Also, while your attorneys are an invaluable source of information and advice, they do not work for free. We all know what good legal advice can cost per hour so there is no point in discussing that here. But saving on attorney's fees is also a great advantage in mediation because there is no need to continue litigating once you have reached an agreement--the more money you save in attorney's fees the more you can keep for you and your children.


In addition, studies show that parties to a divorce are more likely to comply with the terms of an agreement they participated in reaching then with the terms of a final judgment imposed by a judge. So, once your divorce is final, you are less likely to go back into court to enforce the terms of an agreement than you are those of a final judgment.


Lastly, there is the advantage of cutting your case short. Anyone who has made their way through the court system is aware of the pressure and stress involved. In a divorce, where many times there are children involved, the last thing a family needs is the pressure and stress of the process or the lingering ill-feeling after the divorce decree is final.








Vivian Rodriguez has been a practicing attorney in Florida for over 18 years, and is also a Florida Supreme Court-certified family law mediator. You can find more information on divorce in Florida by visiting http://viviancrodriguez.com


The Abuse of Rhode Island's Protection From Abuse Laws

By Christopher Pearsall Platinum Quality Author



We hear about domestic abuse frequently. It's on television, billboards, radio, flyers and posters. Unfortunately what we don't hear about is how Rhode Island's Protection from Abuse laws are themselves being abused by people who want to wreak vengeance on another person for any number of reasons.


For those that are unfamiliar with the process, it is relatively straightforward. You fill out a triplicate form indicating your relationship to the person against whom the "protection from abuse order" is sought, the date the threats of imminent violence or the events that cause you to believe that you and/or your children are in danger of physical harm, and the relief you are seeking from the court. A second triplicate form is supposed to tell your story. What was it that led you to file for this Protection from Abuse Order? What was said? What was done? What do you have personal knowledge about regarding this person that justifies the relief you are requesting. You sign this as a sworn statement under oath.


What happens next? You go before the court and a Rhode Island Family Court Judge reads your application for a Protection from Abuse Order and your affidavit. If the court finds any reasonable basis upon which to believe that the Order should be issued for the protection of the party applying to the court, the court will grant it. This is all based upon the applicant's affidavit.


So what is the relief? Consistently it is a "no contact order" that the person against whom it is sought may not contact the applicant in any way. More often than not, it also includes ordering the person against whom it is sought that he or she must remain out of the living residence of the applicant.


If the parties have minor children together the Order may give exclusive custody of those minor children to the applicant which although not specifically denying the other parent visitation has that practical effect.


Unfortunately the system gets abused weekly without consequences. Persons come before the court and fabricate circumstances that never existed, distort the truth and make glaring omissions. If the court knew the true facts and circumstances the vast majority of these abuses would be curtailed.


My stomach turns each time I am privy to persons who lie to the court with impunity because the law does not provide for a punishment for those who abuse Rhode Island's Protection from Abuse Laws.


It says much about people who boldly go before the court and lie to achieve their own silent agendas. Fathers are cast from their homes and unable to see their children because the mother of their children feels scorned. Women who obtain these Orders call the very person they do not want contact with in order to provoke a response, have the man arrested and then use the criminal charge either as further leverage in a divorce or as some sense of sick vindication that makes them feel better.


Perhaps this all comes down simply to one's sense of honor or personal morality. Yet for the man (I refer to men because I estimate that at least 9 of 10 applicants are women against men) who is forced from his home, unable to see his children, possibly subjected to criminal charges, may lose his job and/or the respect of friends and colleagues . . . it is an exercise in injustice and a very sobering experience that such a thing could even be allowed by the court.


So where does this abuse lie? The abuse finds it's home in the audacity of those who without conscience lie under oath to the court for their own purposes with little worry of prosecution, retribution, or even penalty.


So what is the remedy for a man subject to all these damaging consequences, including prosecution, etc... if it is proven that the women's claims in the initial affidavit were false? Dismissal of the family court's initial order but NOT any criminal violation that may have occurred on the Protection from Abuse Order that never should have issued. The consolation for such a man who has not done the things he was accused of is no consolation at all. . . simply the realization that injustice exists and the impression that upon a person swearing before a Notary Public to lies in their affidavit the court appears to rubber stamp that injustice to the detriment of good people.








Visit http://www.ChristopherPearsall.com to learn about Attorney Pearsall's Divorce focused practice Visit Pearsall Law Associates for a different look at Attorney Pearsall's practice PLUS . . . get detailed Rhode island Divorce Information at Rhode Island Divorce Tips Blog


Contact Attorney Pearsall at (401) 354-2369 for your low-cost consultation and even find out why FREE consultations are worth exactly what you pay for them!


This article is for informational purposes only and is not legal advice. You should not take legal action without legal advice from a licensed practitioner who has been fully informed about your specific circumstances. The Rhode Island Supreme Court licenses all attorneys in the general practice of law and has no procedure for recognition of specialties.


Prevent Divorce - 5 Tips To Prevent Divorce Today

By Mike L Jones



If your marriage is in trouble you might be faced with the pressure of divorce quite soon. Now if you feel like like your marriage is worth saving, then with my help, we can prevent you going through with a divorce.


You must first realise that you have the power to change your marriage. It's up to you to save your marriage. If I had a dollar for every time I have said “it's up to you to change your marriage” to my clients, I'd be a millionaire. I cannot stress how important that little saying is. Start today; you have the power to change the marriage for the better!


Here are the 5 tips to prevent divorce:


1) Okay, so your marriage is in crisis. Don't show your partner that you are panicking, this will show them that you can't control your emotions and might possibly push them away even further or make them feel suffocated.


2) If your marriage has got so bad, that your partner is being physically violent; DO NOT lash out in return. Be calm and in control, if you portray this atiitude you will begin to feel this attitude!


3) If your partner needs space and time alone, to think about certain things, by all means give them space! In the mean time spend time with your friends, socializing, raising your self esteem!


4) If your partner leaves after an argument, never beg or plead with them to stay. Or never use your children as a weapon to use against them. This will just show what depths you are willing to go to win them back!


5) Finally, just remember you have the power to change your marriage, start taking action today!








Mike Jones is a marriage counselor with over 20 years experience, he started off his career in marriage counseling after a bad patch in his marriage, but he managed to revive his marriage using tips from the internet. Click here for Mike Jones free advice on marriage and divorce.


Rhode Island Divore Tip - Do You Take It Or Leave It?

By Christopher Pearsall Platinum Quality Author



You're contemplating divorce. You want your rights to be protected. You decide to hire an attorney. You find the specific lawyer you want to represent you but you need a $3,500 retainer.


There is $5,000 in your joint marital bank account. Meaning that both of your names are on the account and both of you have the right to deposit and withdraw funds or write checks drawn on the account as signatories.


Do you take the $3,500 out to hire the lawyer or not?


The question isn't as simple as one might think because as any person with common sense knows . . . for every action there is a reaction . . . and possible repercussions.


There are only three true answers to the question, but each has its own considerations. The three answers are, of course,


1. You take the $3,500.
2. You don't take the $3,500.
3. You take a portion of the $3,500 and try to work out an arrangement with your chosen divorce lawyer for the remaining portion.


Under Rhode Island law, you and your spouse equally own the money in that account and you each have an equal right to use the monies in that bank account. Therefore, technically you may take the $3,500 and be well within your legal rights.


Yet when you get into the realm of the Rhode Island Family Court system as a divorce participant it is not so much about what you may legally entitled to do as it is what is reasonable and equitable to do under the circumstances.


Let's assume you take the $3,500 and file for divorce by giving it as a retainer to your chosen Rhode Island Divorce lawyer. Legally you are within your rights, but what if that same account pays for the mortgage and as a result of your decision the mortgage can't be paid, you and your spouse incur late fees and the credit for you and/or your spouse is damaged as a result. A Rhode Island Family Court judge might not consider that your choice to take the $3,500 was fair, equitable or prudent under the circumstances in light of the results.


So what might happen? The Rhode Island family court judge might hold you responsible for the mortgage payment and any late fees and possibly even the resulting damage to your spouse's credit.


What if you are a joint holder on the bank account but you contributed only about $800 to the $5,000 that is in the account?


Do you think a Rhode Island Family Court Judge would consider it equitable for you to remove $3,500 from the joint bank account to divorce the spouse who put the majority of the money into that account?


Is it possible the judge that is assigned to your Rhode Island Divorce matter might see you as having removed $2,700 of your spouse's money in order for you to divorce him or her?


This is often one of the most crucial and one of the earliest decisions a spouse must make in the divorce process and it is one that should be thought about carefully because it can make a difference.


Ask yourself...


1) What else is this money normally used on that I am considering taking?
2) How much have I contributed to the money I am considering taking?
3) Is the amount I am taking more than half of what is in the account?
4) Will taking this money prevent the payment of usual and necessary expenses?
5) What damage, if any, will taking this money cause to me, my spouse, our children, our assets?
6) Could I be held responsible for this money once the divorce is filed?


All actions have consequences. A good Rhode Island Divorce lawyer can counsel you best on whether or not it's best to . . . "take it or leave it."








Visit http://www.ChristopherPearsall.com to learn about Attorney Pearsall's Divorce focused practice


Visit Pearsall Law Associates for a different look at Attorney Pearsall's practice


PLUS . . . get detailed Rhode island Divorce Information at Rhode Island Divorce Tips Blog


Contact Attorney Pearsall at (401) 354-2369 for your low-cost consultation and even find out why FREE consultations are worth exactly what you pay for them!


This article is for informational purposes only and is not legal advice. You should not take legal action without legal advice from a licensed practitioner who has been fully informed about your specific circumstances.


The Rhode Island Supreme Court licenses all attorneys in the general practice of law and has no procedure for recognition of specialties.


Rhode Island Divorce Tip - It's Rare But Permanent Alimony Exists!

By Christopher Pearsall Platinum Quality Author



It may not be frequent and it may not be a popular choice by most Rhode Island Family Court Judges but it is good for any spouse going into a divorce to know that Permanent Alimony may be awarded by a judge under Rhode Island Law.


Now admittedly it's not something spouses have to be terrified about, but it IS something you certainly should be informed about.


Permanent Alimony is, of course, a fairly drastic remedy to impose upon any person especially if it's ordered in such a way that it is a set figure (not income dependent) and is non-modifiable.


So in what cases should you be concerned about Permanent Alimony or as the statute says . . . . alimony may be awarded indefinitely.


Imagine being a man or woman subject to paying indefinite alimony to your spouse. That is certainly a heavy burden that most people wouldn't want to bear.


Thankfully, instances of permanent alimony are fairly rare because under Rhode Island Law alimony is considered to be for rehabilitative purposes. In other words, alimony is supposed to be set so that the spouse who receives it has the opportunity to get back in the workplace, or increase his or her skills to a level that he or she can adequately support themselves.


Of course permanent alimony then is generally restricted by judges to those who for whatever reason cannot reasonably be rehabilitated, such as those with permanent learning disorders or quadra-plegics whose rehabilitative time may be so perpetual that it can't reasonably be determined by a judge, or those who many develop mental disorders during a marriage such that they cannot survive without their partner despite their partner's desire for a divorce.


Permanent alimony exists and it's good to be aware of it. Thankfully, it's rare in Rhode Island.








Visit http://www.ChristopherPearsall.com to learn about Attorney Pearsall's Divorce focused practice


Visit Pearsall Law Associates for a different look at Attorney Pearsall's practice


PLUS . . . get detailed Rhode island Divorce Information at Rhode Island Divorce Tips Blog


Contact Attorney Pearsall at (401) 354-2369 for your low-cost consultation and even find out why FREE consultations are worth exactly what you pay for them!


This article is for informational purposes only and is not legal advice. You should not take legal action without legal advice from a licensed practitioner who has been fully informed about your specific circumstances.


The Rhode Island Supreme Court licenses all attorneys in the general practice of law and has no procedure for recognition of specialties.


How To Get A Divorce The Easy Way

By Christina Rowe



How to get a divorce is a question that should be taken very seriously. The actions you take or do not take in the very beginning can make or break you financially. Getting a divorce can be complicated and expensive. Dealing with the fact that your marriage is over is difficult enough, but unlike a breakup with a boyfriend, ending a marriage involves legal implications, property division and support and care of any children you may have together.


Too often a divorce that should have been simple and clean cut turns into a nasty battle that can cost both you thousands in attorney fees, emotional distress, and psychological damage to your kids. So why isn’t there a simple, easy way to divorce without destroying your family, finances and any chance of a civil relationship with your ex? The answer may surprise you. Often the first thing someone does when trying to figure out how to get a divorce is hire a divorce lawyer. This is often done without much serious research, your neighbor may of recommended her attorney and you hire the first lawyer you interview.


This is a huge mistake. You must be very careful about choosing a divorce attorney. Why many divorces end up in bitter, long drawn out battles, is because of the divorce attorney himself. Shockingly, many divorce lawyers do not want you to amicably settle your divorce. After all, this is how they make their living. If you or your spouse falls into the hands of an unscrupulous divorce attorney, your divorce can become a nightmare.


Some of the signs to watch out for are divorce lawyers who encourage you to “get everything”. They reassure you that you will win your divorce and get the majority of the marital assets. They boost your confidence and give you false hope. The truth is that most states have specific laws about the division of property and assets in a divorce. Some states split martial assets between divorcing couples while others use equitable distribution.


The divorce attorney’s goal is drag your case out long enough so that he can use up your retainer and get additional funds from you. Other ways he may do this is by not answering the opposing attorney’s phone calls and offers to settle. He may not file the appropriate court documents and have court dates adjourned, all while charging you by the hour.


The easiest and most simple way to get a divorce is to first seek out a mediator. Now this will only work if your spouse agrees. Before hiring divorce lawyers, see if the two of you can settle things in a civil manner and divide you assets fairly. If this is impossible, then you need to do your research and find the best divorce lawyer in town. Ask people you know for recommendations and then follow up by visiting with several lawyers before making your final choice. You want to find a divorce lawyer who is ethical, honest and has a history of successful cases. Ask for references. A lawyer, who is well known and has a good reputation, especially at your local family court, can be a huge asset.


Most of all, keep in mind that divorce is not always fair and chances are neither of you will be completely happy with your settlement in the end. It is a give and take process. If you are faced with a vengeful, out of control spouse, you will need to protect yourself and your finances, by having the best representation you can hire. Learning how to get a divorce can be a draining, time consuming process, but if you do your homework and keep your emotions in check, you can have a positive divorce outcome.









Christina Rowe is the author of the best selling divorce book "Seven Secrets To A Successful Divorce-What Every Woman Needs To Know". Find out the survival skills that will save you time, money and heartache during your divorce. Discover the divorce secrets that will secure your financial future, protect your children and guarantee you a successful divorce. Go to: http://www.secretsofdivorce.com



Christina Rowe - EzineArticles Expert Author