Cheap Divorce can be a tricky affair, so here are a few tips to help you through.

Divorce lawyers are the obvious option when instigating divorce proceedings. It’s always best to seek qualified legal counsel, but it’s not wholly necessary for the entire process.

The Yellow Pages, and the Internet are great for finding cheap divorce lawyers, but a lot of people are happy relying on word of mouth. It sounds a little old fashioned, but it still works, however dated.

Always go for a lawyer qualified in your area of law, and make sure they are registered to practice in your state. If word of mouth is not your thing, then you can always find one via the State Bar Association.

There is a ton of information online regarding cheap divorce and the more traditional and expensive version. It is quite straight forward to get a low cost divorce if both parties are in agreement, and there are no kids or other complicated areas.

Knowing what you are doing and the process itself, can cut your costs hugely, and those of your partner, although it is always best for both parties to have separate lawyers. But if you can agree on as much as possible before the lawyers are involved, it can save you thousands, literally!

Online services can help here, as the divorce is little more than a formality, and as long as all the forms are completed correctly, there should be little difficulty on finalizing your cheap divorce.

These kinds of divorces are also known as “no fault” divorces, and are very straight forward provided both parties are in agreement to walk away from the marriage amicably.

Cheap Divorces are not possible for couples with a lot to sort through, and particularly those with kids and property issues. There are several methods for minimizing the cost and maximizing what you take with you, but some of those are a little devious and not really suitable here.

To finish, here are a few simple tips for you.

If you can part agreeably, and sort as much out as you possibly can without calling a lawyer first; you will save thousands in fees: this applies to any sort of divorce.

If you have kids and absolutely don’t get on with each other, then it’s pretty much inevitable that it’s going to be a costly and lengthy process. Plus it will inevitably get nasty. But again you can save quite a bit of cash, by solving as many issues as possible before you call a lawyer/referee.

Draw up a list of what you have agreed on, and what you both want out of the settlement, and give it to your respective lawyers once you have pored over it, and made a few decisions on who gets what.

Lastly: remember, lawyers charge for phone calls, note taking, typing, and talking. Remove as much of this as you can, and you will save money!



By: Sean Redfearn

About the Author:

Divorce lawyers are experienced and effective in promoting just divorce proceedings for their clients. Divorce does not have to be war. There is an amiable middle ground that can be reached if both sides agree to work towards it. Halting animosity and keeping both sides talking is important when going through a divorce. Divorcing couples should explore the benefits of hiring a divorce attorney to assist in bringing a workable solution to their disagreements or problems.

With so many things to consider and several aspects of the divorce unresolved, many couples find themselves at a stalemate at some point in their discussions. Dividing up the couple’s assets and possessions, deciding who gets custody of the children and figuring out visitation rights and child support can be tricky subjects to broach with your former spouse. Divorce lawyers are skilled in working with their client and their client’s former spouse to come up with a solution that is fair.

The couple must decide which type of divorce works best for their situation. There are several to choose from. A no-fault divorce implies that neither party is responsible for the failure of the marriage. Before this type of divorce, many states required that fault be proven, such as adultery, abuse or desertion, before either spouse could seek a divorce. In a no-fault divorce, irreconcilable differences and incompatibility are often cited as reasons for the couple’s divorce.

Another type of divorce is an uncontested divorce. This type of divorce is possible when both parties jointly agree to end the marriage. In this type of divorce, both parties agree on how to divide their property, assets and other possessions. They also agree on custody and child support issues as well. Although this seems to be a completely amiable way to end a marriage, both parties would be best served to seek counsel from a divorce attorney. In an uncontested divorce, people may end up giving up rights that they were not aware they had.

Other types of divorce include a simplified divorce and a limited divorce. People going through a divorce should consult a divorce lawyer for more information about these types of divorce, and to decide which type will work best for them. Coming to a reasonable and fair agreement is important in moving divorce proceedings forward as quickly and efficiently as possible.



By: Justin

About the Author:

Divorce is stressful for parents and kids alike. Children often get caught up in conflicts between parents. The children are forced to constantly witness angry and abusive fights. One of parent’s greatest concerns is how divorce will affect their children. In fact, the marital relationship has far reaching ramifications for children, extended families, friends and others. The following are some perspectives on the view of children in a divorcing family.

The children in a divorcing family fear being abandoned. When Mom and Dad are at odds and are either separated or considering separation, children fear that if they lose one parent, they may lose the other. Their parents may pay attention to the new families and give no attention to them. They may lose contact with extended family on one side or the other. They worry that their parents don’t love them anymore and they feel abandoned. They feel like the parent who left has divorced them too. The concept of being alone in the world is a very frightening thing for a child. In addition, moving into new surroundings can cause a negative reaction.

Even if there have been tension and problems in the home, some children will be shocked to learn that their parents are getting a divorce. It may take some time for them to acknowledge and accept that their lives will be different now.

Children may get depressed. Sadness about parents’ separation, coupled with a sense of hopelessness, is likely to lead to depression. Sometimes depression is referred to as anger turned inward. When children feel depressed they may withdraw from their parents or loved ones. They may neglect their homework, dissociate from friends and discontinue activities that once brought them pleasure. Their eating habits may change dramatically or they may engage in some form of self-destructive behavior. Additionally, depression in children often appears as agitation or acting

Children may blame themselves. They may think, “If I had not misbehaved, Daddy would not have left” or “They would not have been fighting if I had been good.” It is imperative for parents to talk to their children and stress that it is not their fault.

Divorce definitely affects children, but with some help, reassurance and cooperative parenting your child can come through feeling loved and happy. Experts agree that when handled with patience, it is less stressful for a child to be from a broken home than to live in one, with parents constantly fighting.



By: lily005

About the Author:

Have you witnessed your happy marriage reverting to a bunch of shambles? Do you and your spouse argue more than you talk? Has your marriage deteriorated to the point of no return? Is the thought of divorce on the tips of your lips day in and day out? Have you already filed the necessary paperwork to start the needed divorce proceedings?

If you have answered “yes” to any of the above questions, then it would appear that your current relationship is at an end. However, if for some chance you may be having second thoughts about what you have done, perhaps you are now wondering if you can stop the divorce dead in its tracks. The simple answer to that question is “no,” not if your spouse really is determined to obtain the divorce and the paperwork has been properly filed. In the majority of the American states you simply cannot stop a divorce proceeding yourself if your spouse truly desires to finish off the marriage and return to a single status. The best you can possibly do in this situation is to delay the unavoidable actions as long as possible. Delays tend to cost money and by initiating various delays you are increasing the cost of the associated divorce for both your spouse and yourself. Many states have what is known as no-fault divorce and if your spouse really wants to separate permanently from you, there is really nothing much that you can do to prevent it.  

However, you do have other alternatives at your disposal. We all have a certain amount of persuasion that we can use when we want something to go our way. The key to stopping a divorce is then to make the other person change their mind about the upcoming event. This is where the very acts of kindness and thoughtfulness come into play. User your best charm and there is a very good chance that the divorce proceedings will never reach the court room.

According to statistics, 50% percent of first marriages, 67% of second and 74% of third marriages end in divorce. Don’t become another statistic…instead, get the exact steps to reignite your marriage and fire up your romance for years to come over at http://www.tipstosaveamarriage.net/freereport If you’re unable to get councelling (or want quicker and cheaper results) then now’s your chance to try a proven alternative way to saving your marriage.



By: Alan Sechser

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Sometimes couples separate because their marriage was just not meant to succeed. They may well separate on good terms, with no rancor or bitterness, because things just did not work out for them as a couple. Other times it will be down to irreconcilable differences. They may just have been poorly matched to start off with, but still, it is nobody’s fault, and after a period of separation they can agree to a divorce and go their separate ways for good, to pursue other dreams. And then sometimes there is someone to blame. This kind of divorce will often be brought unilaterally by the spouse who has been the victim of whatever wrong has been committed.

But what constitutes a “fault”? What are reasonable grounds to bring a divorce case, potentially occasioning a large financial pay off when the case goes through? Generally, it requires some amount of wrongdoing on the part of the defendant. The most obvious, and most common reason why couples get divorced is pure and simple adultery. As the standard marriage vows say “forsaking all others”, if one party in the marriage is prepared to have an affair it is reasonable to conclude that they have broken their marriage vows. Adultery generally will entail sexual contact with a third party outside the marriage, but it is not obligatory for *** to play a part. If one party has been dating or romantically involved with a third party, this is enough to constitute adultery.

Another reason accepted as constituting a “fault” in a fault divorce is desertion. If one partner spends more and more time away from the marital home, they may be divorced on the grounds of constructive desertion – continuing absences hinting at a likely eventual departure. Equally, they might just leave the marital home altogether, at which point they are liable to be taken to court on that basis.

It is also possible to file for divorce on the grounds of physical or mental cruelty. In the case of mental cruelty this will need to constitute a repeat offence, as one case can easily be put down to misinterpretation or potentially provocation. But in the case of physical violence, once is enough to justify bringing a legal case to end the marriage. Equally, so may insanity – defined as no longer being of sound mind, which may constitute grounds for divorce on the basis of fear for personal safety – as may alcohol or drug abuse for similar reasons.

It may also be possible in some states to divorce a partner for sexual impotence or for the comparatively worse crime of infecting the other spouse with a venereal disease. It is NOT considered acceptable to divorce a spouse due to being bored in the marriage, nor may you divorce someone for snoring. Some protection needs to remain for the institution of marriage, after all, and if there are minor problems the idea is that you work on them. Divorce may be easier than before, but just cause still needs to be presented to dissolve a marriage.

Disclaimer: This article is for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter.



By: Melissa Gordon

About the Author:

Life is very simple, but it has been made complicated by human beings. There are no rules and regulations on how to lead a happy and contented life. They vary from person to person and differ from situation to situation. People believe marriages are made in heaven and realised on earth. Then why are there mismatches? Why are there quarrels between spouses? Why divorce? There are no straight answers to such questions. Some people have mental problems, some suffer from ailments, some are in depression. Why?

Because, at some time or other, we have flouted the rules of nature. This might partially answer – why we are not happy and why marriages are not perfect.

When two individuals, who either know or do not know each other are bound by the rituals of marriage, there are bound to exist differences of opinion. Nature has not made us all alike. Even the carbon copy of the “rainbow cat” cloned with the same DNA, is not exactly the same as the original.

So, one is living in a fool’s paradise – if one expects to find a perfectly hamonious spouse.

Divorces often take place for petty issues. For example:

1) Your spouse has the habit of not cleaning the hairbrush.

2) Your spouse throws dirty clothes allover the place, instead of putting them in the washing machine.

3) Your wife likes to spend time at kitty parties and attending club functions.

4) Your husband is in the habit of spending time gossiping and drinking – after office hours and then coming.

5) Your spouse forgets to inform you and is absent from predetermined functions.

6) Your spouse does not pay much attention to the children.

7) Your husband never volunteers to bathe, dress, and teach them.

Your spouse is more worried about his or her parents and siblings, than about the home.

9) Your husband thinks – it is your duty to look after the children, keep the home neat and tidy, provide sumptuous meals and be a good wife in bed.

10) On the other hand, you are a good mother, and a good daughter but not a good housewife.

11) You crib that your husband is a good father, a good son, a good brother, a good friend and a good social worker, but not a good husband.

Besides this, your spouse may have the habit of snoring, forgetting to flush the toilet, not remembering birthdays or marriage anniversaries etc. The list may go on. Anyway, these are petty issues, but they need to be dealt with. Otherwise, they will grow into mountains and be impossible to deal with.

If one keeps one’s cool, they will appear petty issues. There are easy ways to sort them out. For instance, if your wife has forgotten to clean the comb or a hair-brush, you clean it. It takes just 5 seconds and you can bring it to her notice, in a subtle way, by saying, “Darling, you are losing too much hair. Today, when I cleaned your hairbrush, I found so much.” She will get the point and be grateful to you for showing concern, at her losing hair.

LIFE IS A MIXED BAG

Similarly, to get your husband out of the habit of leaving dirty linen all over the place, wait for the time when he does not find his favourite shirt or tie, which is lying in a corner or under the bed. Search for it, find it and give it to him, then tell him to put dirty clothes in the washing machine – to avoid such situations in future.

One must understand that life is not a bed of roses – but neither is it full of thorns. It is a mixture of both and it depends upon the individual, whether he or she finds roses or thorns.

Leading a happy married life is an art. It is the art of compromising. If the man might have wanted a Lindsay Lohan or Angelina Jolie as his wife, the woman might have longed for a handsome, obedient and loyal husband. But, in real life, we don’t always get what we want. However, one can transform an ordinary girl or boy into one of his or her liking, through understanding.

First of all, when you accept a person as your life partner, start off by loving him or her. Love not only the person’s good qualities but also his or her shortcomings. Love means loving a person as a whole and not in parts. Praise the good qualities and bring to his or her notice the shortcomings in a subtle way. Everyone makes mistakes, so there is no point in losing one’s cool over a petty issue. Normally, we do not notice a plus point in our spouse, but we are in the habit of highlighting shortcomings.

Marilgu Ruman says, “People like other people, who make them feel good about themselves.” Never try to prove that you are more intelligent or smart than your spouse. If your spouse is lacking in anything, it is your duty to bring him or her up to your level. Love is not only to gain materially, it is also for giving love, affection and kindness.

When you are unhappy with your spouse, is divorce the answer? Should you divorce in the hope of getting a better partner? No! For all you know, your new partner may be worse than the previous one. Most of the time, people just trade one problem with another – like trading tooth trouble for knee trouble!

Your present spouse may snore, the next one may not snore but may keep you awake throughout the night, surfing the internet and then sleep the whole day. So, divorce is not the way to get a good life partner. One must introspect prior to blaming the partner, for a bumpy ride. If the following factors are taken care of, the question of divorce will not arise:

WORKAHOLIC

Many of us give priority to our work vis-a-vis our spouse and , children. Keeping the boss happy and getting promotions is not life. Life is much more than that.

If you neglect your spouse and children to such an extent that you do not remember their birthdays etc, then you do not exist for them. They learn to live without you. So, when you need them after retirement, they will distance themselves from you, think of you as an unwanted member of the family, and wish you could keep working.

So, with whom are you going to celebrate your happiness? Happiness is multiplied by sharing. If there is no one to share it with, you will become depressed. So try to balance work with family life.

NEEDS

One must have an eye for the needs of one’s spouse. Married life, is not a one-way traffic. The marriage cart not only needs two wheels, it needs synchronised movement too. Frank Pittman says, “There is no way to win against your spouse, you both win or both lose.” Men and women have different needs. As per L. Abrahamian, for men sexual fulfilment, recreational companionship, admiration and domestic support, top the list. Those for women are affection, conversation, honesty, openness, financial support, and family commitment.

Most men think that women will be happy by merely getting good clothes, ornaments and a lot of money, but as per their priority, money comes last but one. Men talk the entire day in office, but when they come home, they become mute spectators. For women, conversation is the second highest priority.

BE PRACTICAL

Do not imagine that your spouse will be ideal. Any fool can love a beautiful/handsome spouse, who is perfect but one who loves, in spite of a lot of short comings, makes life more meaningful and happy. Most of us search for a dark spot in a white sheet, instead of looking at the entire white sheet itself. So do not keep searching for short-comings, as all of us have them in plenty. Look for virtues, which will make you as well as your spouse – happy and life wonderful. Do not keep on fighting over petty issues. A successful marriage is not one in which there are no fights, but one, in which fights are turned into opportunities for greater honesty and understanding.

SEPARATION

Too much of togetherness breeds contempt. So one must look for opportunities to create space. It is advisable for the husband and wife to stay away from each other, for a month or two in a year. Once the spouse is away, the value of that person, will dawn on the other. This may be the reason why 90 per cent couples in the armed forces remain happy and contented, as, forced separation take place. Earlier, in the joint family system, separation was ensured, because the wife would go to her parents for festivals and ceremonies. So it felt as if each reunion was a second honeymoon.

HEALTH

Men take care of their health by playing outdoor games and going to the gym, but they fail to ensure good health for their spouses. By resorting to simple exercises, one can keep away diseases like BP, diabetes, arthritis, asthma and even Parkinson’s disease. It does not need a very great effort, to take your spouse for a walk. It will also strengthen the bond between you. Exercise also helps maintain one’s vitality level, so that sexual needs are also looked after. Though love is not *** alone, *** is one of the important ingredient of a happy married life.

For maintaining one’s health, one can practise yoga. The latest findings are that, if couples are sexually active, their health is generally good. There is *** therapy to treat depression, weak heart muscles, low backache, etc. So, by routine exercise, one can kill two birds with one stone – ensure good health and enjoy *** also.

EGO CLASH

Marriage thrives on love, compassion and consideration. The biggest culprit in destroying amicable, friendly relations is the ego. Everyone thinks that what ever he or she is doing is right and that others are wrong. Whenever your spouse is in a foul mood and utters unacceptable words, you should not resort to the same. The golden rule is to have patience. Even your spouse will realise his/her mistake, and love cannot thrive under domination either.

When the late Meena Kumari was asked what love was, she said, “You bow down a bit, I bow down a bit.” Once anger takes over, you lose your reason. No decision taken at that moment, can be right. So just try to tide over it and then everything will fall into place. Ensure that your ego does not destroy your relationship – as no home is big enough for two egos. You can always give away a thing, which you have in abundance. If you have anger or jealousy in abudance, you can easily give it to others. If you are unhappy, you can give sorrow to others.

If you can give happiness to others, it means that you are a happy person. So why not make yourself a happy person, by giving happiness to others? Robert Flack, in Better than Gold, has said, “Getting married is easy. Staying married is more difficult. Staying happily married for a lifetime – should rank among the fine arts.”

SACRIFICE

If one thinks more of the partner and less of oneself, 50% of marital problems will be solved automatically. Sacrificing makes one’s life meaningful and makes it easier, when the final call comes.

A selfish attitude makes life more complicated and unhappy. So, as you grow up, learn to sacrifice. Natural happiness comes when something flows out from the body, whether it is urine, sperm, milk, love, affection or kindness. Shiv Khera has written in his bestseller, You can Win, “Whether it is thought, action or behaviour, sooner or later – they return with great accuracy.” Therefore, to lead a happy married life, one should not even think of divorce. Such thoughts will push you into depression. If children are involved, then we are making their lives miserable – for no fault of theirs.

So learn to compromise. Adjust and do not find fault. Keep praising the good qualities in your spouse and enjoy happy married life.



By: Michael Douglas

About the Author:

There are many reasons that people get divorced. It could be there is abuse, lying, they “fell out of love” or my favorite, adultery. If you are reading this then you probably have been cheated on. It may be the main cause of the break up of your marriage or it may not be, but it is one of the most horrible feelings in the world, right? Well, the good news is that no matter how much you think that your ex is a jerk or how much you think you may have contributed to the cheating, it isn’t your fault that they cheated. You don’t need to change as much as they do!

If your spouse was caught cheating, chances are he was defensive about it. There may have been an apology, but there always seems to be rationale for the cheating. Individuals who are not faithful frequently are very selfish and self-centered. They probably have a really good reason why it’s your fault. You weren’t around enough. You weren’t affectionate enough. You didn’t give them *** enough. No matter what reason they provide, they can’t make you think they never had a choice because they did. You weren’t doing something that they wanted you to do, so it gave them permission to cheat. Well that is absolutely incorrect.

While I believe that no person is ever completely to blame, everyone is responsible for their own actions and the words that come out of their mouth. Even if you didn’t have *** with your mate for many years, it’s never allright to cheat. It is your spouse’s responsibility as your husband to come to your first. Every person has a choice to do right or wrong and they chose to do wrong.

This is where it would be healthy for you to do some reflecting. Were there signs of infidelity that I over looked? Did I choose to ignore it? You could look at their side forever, but you would be best served if you asked yourself some questions about you, like “What kind of person did I agree to marry?”? Probably a selfish person that you thought you could change. That is always a mistake. You can’t change someone. It doesn’t matter how hard you try. If someone is inherently selfish, they probably always will be. Make this a huge learning lesson in your life. Next time you are dating and trying to get to know someone, look for similar clues. Did they commit adultery before? If they are a lot like your ex, it’s probably not a good thing since you aren’t married anymore. Trust your instincts. If the person you’re with is intolerable, then YOU change, and then you move to the next good thing.



By: Len Stauffenger

About the Author:

Judges tend to be more sympathetic with wives, especially mothers, and give importance to their plight while deciding the case. They take into account their financial situation and emotional troubles. In most divorce situations, women are assigned child custody by the court and the husband is directed to pay her alimony for their upkeep.

There are many reasons for this. Women and children have a very strong bond that is unmatched by any other relationship. The former are also considered more sensitive, tender and caring than men as far as interacting with the kids is concerned. Children also respond to mothers naturally and seek them for protection and comfort. Usually, men live separately from the family after divorce and are allowed to see children once a week or so through visitation rights.

Divorce is a different ballgame for men and they have to tackle different challenges. For them, the family split is a costly affair. They often have to move out of the house and seek new accommodation. Apart from this, the family assets are divided among partners and they have to pay a good chunk of their income as alimony to their ex-wife until the children are grown up or she remarries.

Women have one major advantage after divorce. They have full-time access to kids because of child custody. Due to this, mothers often give their own twist and interpretation to their divorce story and may fill the kids with bitterness or hatred for their fathers. This is almost like psychological warfare which weakens the already tenuous bond between dads and kids.

It is actually a myth that men have a thick skin compared to women and are hardly affected by the various ups and downs of their lives. The reality is that the former are as emotional as women. They have the same feelings as the fairer ***. It is only that men have been conditioned to not show their emotions in public.

This is because there are other people (wives, children, sisters, mothers, younger siblings) who look up to men for support and protection. If the latter show their tender side in public and become emotionally perturbed in front of everyone, the rest of people become insecure and panic.

This is the reason why men do not generally show their emotions publicly, and those who do are considered somewhat unmanly. But men who are sensitive by nature suffer as much as women do when the divorce takes place. For one, they do not get child custody and are forced to meet their kids occasionally, strictly at the frequency decided by the court.

It has often been observed that many men after divorce also suffer from health problems. If the divorce was filed by their spouse, they are totally unprepared for the emotional trauma inflicted on them for no fault of theirs. They feel betrayed and rejected and slip into chronic depression. Many are forced to seek professional treatment to come out of their condition.

For a child’s normal upbringing, it is essential that he or she get love and affection equally from both the parents. Mothers offer them emotional security and support and act as their confidante, while fathers teach them discipline and give them guidance in worldly matters.

Fathers are actually regarded as the main role model by children, especially the boys. It has been found in various studies that teenage children from divorced families not living with their fathers have more behavioural and psychological problems compared to those supervised by their dads.

It is a myth that single fathers cannot bring up children on their own, but single mothers can. Today, more and more dads are willing to accept child custody and bring up the kids on their own. But for this, they have to make some changes in their lifestyle and take some measures at home. If the kids are small, then they have to look for a crèche or hire a reliable baby sitter who can take care of the children in their absence.

Single fathers should keep one thing in mind. They can never replace mothers. It is just not possible. So it is better to be honest with the kids and try to be as good a father as they can. The children will understand the situation and accept the reality that their mother is no longer with them.



By: James Walsh

About the Author:

This article explains the Rhode Island divorce process from pre- filing considerations through trial including Rhode Island divorce law strategy.

Finding a Rhode Island Divorce attorney/ 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. Article By David Slepkow (401-437-1100)

Cost of Rhode Island Divorce

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.

Intake process and drafting Rhode Island divorce Documents

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!

Should I file a motion for temporary Orders in RI?

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.

Should I file an emergency motion in A Rhode island divorce?

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.

Nominal or Contested Track?

When a Rhode Island divorce is filed, the case is put onto one of two tracks, the contested track or the nominal track. The Plaintiff in their initial divorce filing designates the track they desire. The vast majority of divorces filed in Rhode Island are placed on the nominal divorce track. A designation on the “nominal track” does not necessarily mean that the divorce will be uncontested. It usually means that the party who filed believes that the case can be settled relatively quickly or wants the divorce to be settled relatively quickly.

Answer to Divorce Complaint

The defendant must file an answer to the divorce within 20 days of service and absolutely no later than the nominal court date or any motion date. If the Defendant does not answer the case he is subject to being defaulted. A default is when the defendant does not answer the case on a timely basis and the Plaintiff will usually get all of the relief that he or she requests.

Nominal divorce

If the case is put on the nominal track then the clerk will automatically set a nominal divorce hearing upon the Plaintiff filing for divorce. This hearing will typically be scheduled from 65-70 days after the Plaintiff files. In the event that the divorce is not settled by the nominal divorce date then the case will automatically be changed to the contested track

If the matter is not settled by the nominal court date and both parties want to try to resolve the remaining issues in court and believe it is possible to resolve the remaining issues, then the parties can attempt to settle the case in the hallway or conference rooms in the courthouse and put the case through as a nominal uncontested divorce on that date.

If the defendant has not filed an answer, it is dangerous for the defendant to not appear in court at the nominal court date based on representations made by the other party .

I have seen numerous occasions when a souse has assured the other party that it is not necessary to appear in court and not necessary to file an answer and the defendant is defaulted and the other spouse gets 100 percent of the assets of the marriage.

On the date of the nominal divorce hearing, at the call of the calendar, the case will be either ready nominal or the parties will ask the judge to hold the case so they can try to resolve the remaining issues. If the parties cannot resolve the remaining issues they will inform the Court clerk or the judge that the case cannot be settled and the case track will be changed to the contested divorce track. If the case track is changed there will be no hearing that date and the court will inform the parties of the next pretrial conference date.

If the parties ask the clerk to hold the matter they will usually get a substantial amount of time to negotiate the remaining issues in the hallway. Upon settling all the remaining family law issues which may include issues of property division, child support, child custody, child visitation, alimony, contempt issues, restraining order issues etc the clerk should be informed that the case is now ready nominal. At that point the clerk and judge will put you back on the list of cases ready for the nominal hearing

Pursuant to Rhode Island General Law a divorce cannot be resolved without a nominal divorce hearing. At the nominal divorce hearing certain testimony must be elicited in order for the divorce to be granted. In some circumstances, it is necessary to have witnesses to briefly testify. If you don’t have the required witness your case could be delayed or even dismissed and you may waste your time attending court.

For a detailed explanation of whether or not you must have witnesses to testify on your behalf and the residency requirement for filing a Rhode island Divorce please go to my Ezine article “”Rhode Island Divorce Law FAQS How Long Until It’s Over? Residency Requirements & No Fault Divorce.” EzineArticles 14 March 2007. 15 July 2007 .

Most Rhode Island divorce and family law attorneys have done these nominal hearing hundreds of times. It is a very bad idea for a person to represent himself or herself in a divorce! As the old adage goes a person who represents themselves has a fool for a lawyer. Since everything you have worked so hard for is on the line it is foolish to go through the Rhode Island divorce process without Rhode Island divorce and family law lawyer.

If the case was originally placed on the contested track calendar, then the clerk did not schedule any automatic nominal court date. If the case later becomes settled then the parties can ask the clerk for permission to come on a particular date for the nominal divorce hearing. Otherwise the parties can wait for a motion date or the pretrial date to do the nominal divorce hearing.

Discovery in RI Divorce. How do I get information about my Spouse?

After the divorce is filed the Plaintiff and or the defendant can at their option proceed with “discovery”. Discovery in general is the process by which the parties get information or admissions from the other party. Discovery is most important and perhaps crucial in a case when a spouse is unaware of the nature and extent of the marital property and estate. Discovery can be also useful to obtain documents or other tangible evidence that is needed for settlement or trial.

The Rhode Island discovery process also can be used to obtain admissions of certain allegations. While it is unethical and perhaps immoral for a person to lie about cheating or an affair to their spouse it is not illegal or criminal for a person to lie to their spouse about an affair. If a person lies under oath either in testimony or in a written document under oath they may be committing the crime of perjury.

Also if a judge believes a party is lying under oath there could be stiff sanctions and penalties including a referral to the attorney general for prosecution. However, in reality, most incidents of lying in family court are not prosecuted as crimes. Many attorneys use request for admissions or interrogatories to force the other party to state under oath whether or not they had an affair and the extent and details concerning the extra-marital affair / cheating/ infidelity.

There are several discover mechanisms that can be used: interrogatories, request for production of documents, request for admissions, depositions, subpoena duces tecum, subpoenas etc.

Interrogatories-what are they? are they worth the time and effort?

Interrogatories are written questions that a party may sends to the other party. Each side is allowed up to 32 interrogatories. Interrogatories can be helpful in obtaining lists of assets, allegations that will be made by your spouse or other useful information. This information requested can run the gamut from child support to marital infidelity and may include: child custody issues, child visitation, drug and alcohol abuse, gambling addiction, alimony, health insurance issues, real estate issues, estate planning and trust issues, personal injury claims, domestic violence / restraining orders, criminal history, valuation of assets, mental health history and any Rhode Island family law issues.

Interrogatories must be answered in the time frame set by the Rhode island domestic Court Rules. Interrogatories are usually partially written and also reviewed by your husband or wifes’ lawyer. Therefore, while a valuable tool there are some limitations to the usefulness of the information received.

Request for Admissions

Requests for admissions when used appropriately can be a powerful discovery tool in a RI divorce. Request for admissions are written requests usually prepared by the attorney, which the other party must reply within a short period of time. If the party does not reply to the request for admissions within the applicable time the allegation will be deemed admitted.

Should I take the Deposition of my spouse in a RI Divorce?

A Deposition is when a party usually through their lawyer can ask their spouse questions under oath in front of a court reporter. In Rhode Island family Court, a party must obtain leave of court / permission from the court in order to take a deposition. Motions to take deposition of the other party are almost always granted by Family Court Judges. Depositions are powerful yet expensive discovery tools. A deposition usually is effective because the attorney can ask the other party questions face to face. The attorney can ask follow up questions and can ask questions in different ways. This is particularly effective if a party is being evasive or less than forthcoming. There is very little the other attorney can do to help their clients answer the questions during a deposition.

Depositions are very expensive because the Court reporters transcript could cost several hundred dollars. Also the attorney doing the deposition will need perhaps several hours to prepare for the deposition. Also both attorneys will need to attend the deposition, which could take up to several hours. Depositions are usually better ways to get information about sensitive topics then interrogatories.

Request for Production of Documents

Request for production of documents is a list of requested documents that must be responded to within the applicable time period. I find this discovery tool to be particularly successful in obtaining documents and records concerning: pension plan documents, 401k records, retirement accounts, health insurance records, stock accounts, estate planning documents, bank statements, real estate documents etc.

Subpoena

A Subpoena Duces Tecum can be very effective in obtaining documents from third parties such as bank records, stock records, employment and wage records and other documents.

The third part of this three part series which is coming soon addresses preparing for a Divorce trial to the actual divorce trial to the entry of Final Judgment

Trial

If a case cannot be settled, the Court will send the parties a notice of a pretrial conference. At the pretrial conference the Judge may make some effort to help the parties settle the divorce. If the case is not settled then the judge will schedule the matter for a trial.



By: david slepkow

About the Author:

Thousands of people have gone through divorce, so you are not the only one. Divorce is not the end of your life, it is just the end of a marriage. You have other things that you need to focus on, rather than you marriage. If you have children for example, this is a great time to start focusing on them more.

Many people will find that it is hard to let go of their feelings during a divorce. They become angry and feel like they will lose control at any moment. Don’t forget that there are thousands of people who feel this way. What you need to do is to seek therapy to help you control your temper and feelings of rage. This way you’ll learn how to get along with your ex partner for the sake of the children.

After divorce, you may find that your self-esteem is completely gone. The most important step for rebuilding your esteem after divorce is to let go. You must place the past in the past and start to think about how you can improve the way you feel about yourself.

Never beat yourself down. It is not your fault, it’s not anyone’s fault, perhaps you just had a bad relationship. Don’t think about the past – think about the future. Learn to use positive words to describe your personality (like smart, attractive, aspirational, etc). You image of yourself will effect your life very much. Sometimes it’s better to be on your own and follow your own path, rather than following someone else. Your self-esteem will rise because you are an independent person.

One the most important lessons that you will learn from divorce is you are much stronger than you think. Going though all that you have, you will become a stronger individual. Now, you will be able to handle situations that you usually wouldn’t think you could handle. Divorce definitely makes you stronger.



By: Pax Shumway

About the Author: