Rhode Island Divorce Tips - Inconsistencies Part I

By Christopher Pearsall 

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. Article Source: http://EzineArticles.com/?expert=Christopher_Pearsall

Get Your Divorce Advice From Objective Sources!

By Livia Monroe 

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. Article Source: http://EzineArticles.com/?expert=Livia_Monroe

Should I Get a Divorce - 5 Questions to Ask Yourself

By Susan Willis 

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/ Article Source: http://EzineArticles.com/?expert=Susan_Willis

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. Article Source: http://EzineArticles.com/?expert=Linda_Lipshutz

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 Article Source: http://EzineArticles.com/?expert=Lana_Surmanek

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 Article Source: http://EzineArticles.com/?expert=Peter_Blake

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 Article Source: http://EzineArticles.com/?expert=Jim_Power