Rhode Island Divorce Strategy From Finding a RI Attorney to Filing for Divorce by a RI lawyer

The first step in obtaining a divorce from your spouse is finding a Rhode Island attorney who you are comfortable with. Many attorneys give free initial consultations while others charge for the first consult. I have always taken the position that the initial consultations will be free.

It is important to ask the proposed lawyer about his or her experience and qualifications to handle your case. It is also crucial to determine the hourly charge and the amount of any initial fee or retainer.

It is often impossible to determine how much a divorce will cost from beginning to end. However, it is a good idea to get an educated estimation of the eventual fee. This will never usually be more than a estimation because the cost of the divorce usually depends on several factors. Those factors could include how quickly a settlement is reached, the number of motions that each party will file, the amount / nature and complexity of assets to be equitably divided, the amount of documents involved in the case, the animosity of the parties to each other, the waiting time while you are in court and many other potential issues.

The Golden Rule is that the longer it takes to reach a settlement the more the divorce will cost because the lawyers will spend a lot more time working on the case. If there is no settlement and the case goes to trial or the day of trial, the divorce could get very expensive. If everything is agreed or nearly agreed to and the parties are relatively amicable then the divorce should take a lot less time and therefore be much less expensive.

Uncontested divorces in Rhode Island should be much less expensive then contested divorces. However, there are many different types of uncontested divorces. There are uncontested divorces with no real assets and uncontested divorces with assets to divide. If the divorce is uncontested and there are assets then the lawyer may need to prepare a property settlement agreement, deeds, qualified domestic relation orders etc. Therefore, the cost of an uncontested divorce could vary depending on the circumstances. For example if a lawyer has to draft a property settlement agreement , the lawyer will devote more time to the case.

I believe that a fair price for an uncontested divorce from soup to nuts in Rhode Island with no assets and no property settlement agreement is about $800 flat fee plus costs. The typical costs are a filing fee of $100 and service of process fees of approximately $40.

After you have retained the lawyer there is typically an intake process in which the lawyer gets the basic information so that he or she can properly represent you. The lawyer typically drafts the divorce documents and you sign them in front of him/her or another notary. These documents include a divorce complaint, DR(6) financial statement, statement of children of the marriage, counseling statement, report of divorce, summons and automatic divorce order etc. It is important that the DR6 form otherwise known as financial statement is accurately filled out.

There are many important decisions that may need to be made before you file for divorce in Rhode Island. Strategy is crucial in many instances!

In some cases, the attorney will file a motion for temporary orders when the divorce complaint is filed. A motion for temporary orders should be filed if the husband or wife is in need of temporary resolution of issues while the case is proceeding. These temporary motions typically request temporary child support, payment / contribution to daycare , contribution to medical bills, alimony, payment of household expenses, payment of the mortgage, taxes and insurance. A motion for temporary orders can also address child visitation and child custody issues related to the minor children as well as issues concerning exclusive use and possession of the marital home. The temporary motion can also request temporary orders concerning: restraining orders both financial and personal and a myriad of other temporary issues. The motion for temporary orders will typically be heard by the Court within 30-40 days of the filing of the complaint for divorce.

If no temporary orders enter then there is no legal obligation of a spouse to pay anything while the case is proceeding until there is a decision by the judge or the parties sign a property settlement Agreement. If there are no temporary orders, the financial issues, visitation and custody issues will be up to the parties to figure out while the case is proceeding without the benefit of a court order.

If there is an emergency in which irreparable harm will be caused if the party has to wait for a court date, then an emergency motion should be filed with the complaint. An emergency motion must either be verified under oath or be accompanied by an affidavit. The attorney will bring the emergency motion to the proper judge and ask for an ex parte order. Ex parte means that the other side is not present to object. The Rhode Island judge will only consider the affidavit and documentation before him. If the judge signs the emergency order than it will be served on your spouse by the constable along with the divorce complaint.

These types of emergency motion typically deal with issues concerning abuse of a child, dissipation or unreasonable spending of marital assets, domestic violence, child abuse or a plethora of other potential emergencies. If there is domestic violence involved in which you are in imminent fear of physical harm or have been abused or threatened with abuse please discuss with the attorney the benefits of filing a separate case called a Complaint Protection from Abuse! Please note that the Complaint Protection from Abuse is very different from an Emergency motion.

The timing of whether the divorce or Complaint Protection from Abuse case is filed first or whether they are filed simultaneously could be crucial to your case.

If an emergency motion is granted and emergency orders enter then a hearing will be set approximately 20 days to determine if the order should stay in effect while the divorce case is proceeding. At that hearing your spouse has an opportunity to contest the motion and tell his or her side of the story. At that hearing, the Court will determine whether the emergency relief will stay in effect while the divorce case proceeds.

Please see part two to be finished later which describes the process from filing the complaint to the nominal divorce hearing.

David Slepkow is a Rhode Island divorce and family law lawyer concentrating in divorce, family law, child support, custody, visitation, personal injury, landlord tenant, litigation, criminal law and the general practice of law. David is a partner at Slepkow Slepkow & Associates,Inc. which was established in 1932 and is currently celebrating its 75th anniversary. David has been practicing for over 9 years and is licensed in Rhode Island, Massachusetts and Federal Court. David offers free initial consultations. Please goto our recently revised website http://www.slepkowlaw.com to obtain further information concerning Rhode Island law or to contact David Slepkow.

5 Divorce Minefields ...Role Of The Certified Divorce Financial Planner

Over 50% of married couples re-join the ranks of the un-married. Love, and relationship building, may be fickle stuff. But, it's pale soup compared to the dark complexities of asset carve-outs and divorce settlements when matters of money, tax and law intersect. Possibility for mistakes? Absolutely, unless couples hire an expert form the emerging class of certified divorce financial analysts. Getting married is like a stroll in the rose garden.

Getting a divorce is an open "minefield" of dangers to know about.

Divorce Minefield #1 - The Family Home. "You take the home...I'll take the bank accounts, the 401.K and the kids...50-50 split, OK?" Hold on. What looks like a ledger balance may contain some lurking tax issues which a divorce specialist financial advisor needs to identify. A divorce decree may be the "end of the road" position, but couples may wait for much of a year before a judge rules. Meanwhile, older appraisals of the family home may be completely out-of-line with either rises or declines in the local property market values.

* What The Certified Divorce Financial Planner Advises. Fluid values, like the housing and stock markets, mean that you and your financial investment management advisor need to consider (a). whether to sell the house while you're still married in order to fully shield you from capital gains taxes or...

(b). re-title the house in your name...but introduce restrictive covenants or terms and conditions within the divorce decree to shield a future home sale from capital gains tax liability.

Divorce Minefield #2 - Market Investments, 401.K Retirement Accounts. Getting into the numbers, and knowing what to look for, is the meat-and-gravy diet of certified divorce financial analysts.

* Stock Portfolios. A stock portfolio, in real time, is a composition in value. Dividing a stock portfolio, as a divorce investment management analyst will point out, requires stopping trading activity and then doing a trade-by-trade analysis for losses and/or capital gains tax liabilities in order to determine a true, fair and current portfolio value. And what about valuing hedge funds and their portfolios of private equity companies, mutual funds and the slippery-slope of stock-options? Any and all financial assets have to be wrung-out of their market activity focus and examined for net present value.

401.K Employer Funded Retirement Accounts. Determining future values of the tax-deferred 401.K plans...and then comparing those values with real property assets may lead to unsuspected imbalances. So, what do couples need to know? The handy certified divorce financial planner will advise that couples need a Qualified Domestic Relations order...ordered by a court of competent jurisdiction and approved by the named employer. And what does this QDRO court order do? This court order creates the rules for making transfers to an IRA account...or making early withdrawals under age 59 ½ without the customary 10% penalty tax, albeit with ordinary income tax imposed on the withdrawal. Advice? Get the QDRO court document ASAP and prior to the divorce in order to lock-in benefits. Your divorced financial advisor will point out that this detail, the QDRO, only applies to 401.K portfolio accounts...transfers between IRA account occur without penalty tax.

Divorce Minefield #3 - Who Gets The Kids...And The Tax Breaks? A simple question. But, huge drama and emotional complexity when parceling out kids and future lives, designated spousal visitation rights and so on. Yet, the rules for expense deductions are clear: only one (1) parent, the legal guardian, can take deductions for the kids as "dependents" on the annual tax returns.

Divorce Minefield #4 - Alimony Payments. The flip-flop nature of the tax code reveals itself, as the certified divorce financial analyst will point out. The party "paying" alimony can deduct the payments. However, the party "receiving" alimony payments must report the incoming payments as ordinary income, and pay tax. "Fair is fair" coming from an emotional roller coaster divorce action is not a defensible argument when it comes to facing the tax man.

* Hot Tip For Keeping The Alimony Payments Flowing. Your divorce financial advisor will recommend that the "alimony receiving" spouse take out a simple term life insurance policy on her ex...creating a back-up that future payments will be delivered, even if the paying spouse dies.

Divorce Minefield #5 - Wills And Trusts. Nothing fouls the divorce works better than out-dated wills and trust documents. Advice? Correct and refresh all family estate documents, by having your certified divorce financial analyst meet with local competent estate and divorce lawyers.

Bottom line: Discover "divorce made easier...and smarter" via the new breed of certified divorce financial planners. Please go to the following links for up-to-date information.

Divorce Attorney: http://www.wise4living.com/ldivatt/

State Divorce Law: http://www.wise4living.com/ldivstate/

Author Robin Derry is publisher for http://www.wise4living.com/ a specialty knowledge site that gives insights and solutions on certified financial divorce analysts, spendthrift trusts and family law legal needs, digital hearing aids, plasma and LCD TV stand design trends, wall mount and TV ceiling mount systems, cat fencing, underground dog fence solutions, wireless and radio dog fence technologies, dog runs and deer fence pet containment fences, outdoor deck planter box designs, deck lighting solutions, outdoor deck railing ideas, advice on building deck stairs, home and gardening projects such as decks and deer fencing, HDTV and home entertainment systems, specialty academic camps, auto tire and wheels technology trends, medical spas, technology trends, unique gift designs, technology gifts, tips for families committed to youth summer camps, body health, household, sport, travel, footwear, education, and much more.

Get Over A Divorce and Prepare for Divorce Recovery!

It can be difficult to get over a divorce and cope with a divorce when you are in pain. A ton of emotions and indecisiveness consumes you. There is a simple process to help the serious individual get over a divorce.

Very few people stay with the same individual for over twenty years. Therefore, a divorce is inevitable. Yet, hearing the words, "Uh well, I don’t know how to say this but I want to divorce" still hurts.

Immediately, there is emotional turmoil. A thought such as, "Divorce! Divorce! How could this happen?" is a common response.

One of the best ways to move forward with your life after a divorce is to stay focus on your personal and professional goals.

A slight shift in how a person views life can bring about monumental changes within a short amount of time. On average, it takes approximately two to three years to get over a divorce.

While it is usually not mentioned, there are some benefits in experiencing a divorce and recovering from a divorce.

Such as:

• Less stress - No one there to nag you all the time
• Less arguments - No one there to pick fights with you
• More time for self - Freedom to indulge in hobbies more often
• Able to focus better and for longer periods of time - Less distractions at home
• More control over our life - No one pressuring you to do things
• Able to see where you made your mistakes - Become more clear in your thinking

It is time to move on with your life after a divorce when:

• A myriad of emotions often distract you
• Thoughts of why the relationship did not work consumes every waking moment
• Your performance on the job begins to decrease substantially and people notice it
• It feels as though the world is collapsing around you

It does not take much to get over a divorce. What is required is consistent effort and dedication to improve one’s life. Now suck it up and start moving forward.

Shawn Nelson, MSA is a Motivational Speaker, Life Counselor and Author who creates guides, e-Courses and run several web sites that help people achieve their relationship, personal, life and professional goals. To learn more visit the Get Over A Divorce and Divorce Recovery web site.

Divorce - Crisis or Blessing - Turning Divorce into Something Wonderful

Okay, I admit it. I am the happiest divorced woman alive! And rightfully so. But this state of joy and bliss did not come to me right away. Oh, no, I worked for it and earned it, every minute of it. How did I get to this place of seventh-heaven, you ask? Let’s rewind the tape to the weeks leading up to the final court date. My initial reaction to divorce was like a form of death. I felt like a failure; and more importantly, there was this huge sense of loss, and my self-worth was at stake, which made this experience even more painful. My struggle for answers and for a sense of hope took me on a journey within. In the end, I found all I needed and a whole lot more.

Below are five suggestions I have for women who are struggling with divorce recovery or who are heading in that direction. What I suggest to you is what took me from a place of despair to a place of awesomeness.

(1) Learning to love yourself is first on the list. You are not a terrible person. Let’s settle that one first. So if you were thinking anything bad about yourself, you needn't go any further. And I have good news for you. When you really love yourself, really truly love yourself, you will no longer miss anything that is not good for you or that is not in your best interest. Do whatever you can to feel good about who you are. If you have problems getting started, here are two suggestions: first, always look your best, because if you look good, you will feel good. Second, grab yourself a blank notebook, and the next time you have your delicious cup of tea or coffee, make a list of everything that you are good at and everything you like about yourself. And most importantly, realize and accept the FACT that you are a wonderful human being, regardless of your marital status. And that's not because I say so but because... IT IS SO!

(2) Trust the universe. Trust the future. Trust that what you are going through is okay, and make peace with it. Trust that in time, you will see the value of this day.

(3) I cannot begin to tell you how therapeutic journaling is. Divorce is a time of discovery. You have all kinds of thoughts going through her head, and you need someplace to put them. Write about your thoughts, feelings, realizations, and ideas and you will learn, discover, and grow.

(4) Keep the lines of communications open with your friends and family, the people who really care about you, and don’t be afraid to share your grief. People care about you more than you know.

(5) And finally, here is the last tip, which is my favorite. Make this divorce better than okay. Make it magnificent. Make it awesome. Make it surreal. And how do you go about doing that, you ask? I’m so glad you asked, because I am dying to tell you. Start off by making a list of all the benefits of being where you are now in terms of your divorce. Then continue with everything you learned from your marriage and how you are changed in some way for the better. List all the ways you are going to be even more awesome than you were before. And for those of you who want to take it one step further, make this divorce one of the best things that could have ever happened to you. But how? There are different ways to go about it; I will share one way. Think of three different things that you could do over the next one to two years that would make you so proud. If you did this one thing, you would look at yourself in the mirror and say: "You rock!"

And when people say to you, "What happened? You always talked about starting your own business/ or writing a book/ or losing weight/ or going back to school/ or moving to Florida. So what happened this time?" You can look them proudly in the eye and say with a smile:--"It was that damn divorce. It brought out the best in me."

And then, my friend, you will be in touch with your true awesomeness.

Wishing you more joy than you can stand,

By Jessie Jamie Coleman

Jessie Jamie Coleman is an author, screenwriter, freelance writer and a self-esteem expert. She is the author of two self-discovery journals, "The Incredible, Awesome You" and "Where Will You Be in Two Years." She is currently at work on her first novel, "Off the Bed and Down on the Floor due out in the summer of 2008. For more information, visit her websites: http://www.autumngirlpress.com and http://www.jessiejamiecoleman.com