Rhode Island divorce attorney

This is part one of a five- part series. This series explains the RI divorce process from pre-filing strategy through a contested divorce trial on the merits. Providence Family Court is a very confusing place. The decisions that you make in your divorce will affect the disposition of your case and the final settlement.

Experienced divorce lawyer

It is important that you get an experienced lawyer to guide you through the process and help you get the most beneficial outcome. Divorce in RI is a serious matter requiring the attention of an experienced Rhode Island divorce lawyer.

Part 2 of 5 , Part 3- of 5, Part 4 of 5, 5 of 5

Retaining a good RI divorce lawyer

The first step in obtaining a divorce from your spouse is finding an experienced attorney. You need to find a Rhode Island divorce lawyer who you trust. You need to establish a good rapport with your RI divorce lawyer. Many Family lawyers in RI provide free initial consultations. I have always provided free initial consultations. It is imperative that you inquire about your prospective Providence Family Attorney’s experience and qualifications to litigate your divorce. Of course, the amount of the initial fee or retainer as well as the hourly fee is important.

Cost of Rhode Island Divorce

It is nearly impossible to determine exactly how much a divorce will cost.  However, most Providence divorce attorneys can give a reasonable guesstimate of the cost.  The total cost of the divorce depends on numerous variables. These variables include how quickly a settlement is reached and the number of motions and hearings in Providence Family Court.

What factors influence the price of a divorce in Providence Family court?

The nature, amount and complexity of assets to be equitably divided will be crucial factors in the ultimate cost of the divorce. The number of documents the Rhode Island divorce attorney will need to review is also important. The animosity, hostility, acrimony and rancor of the parties to each other will also be important factors. The longer it takes to reach a settlement of the cause of action, the more expensive the divorce will be.  If the case goes to trial, the divorce could get extremely 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 less expensive.

Uncontested divorce is less expensive than a bitterly contested divorce

An Uncontested divorce in Rhode Island should be much less expensive than a contested divorce battle. However, there are many different types of uncontested divorces in RI. There are  uncontested divorces with no real assets and uncontested divorces with minimal assets. There are some divorces that have substantial assets to divide. If the divorce is uncontested yet there are assets to divide, then the lawyer may need to prepare a property settlement agreement. Another name for a property settlement agreement (psa) is a marital settlement agreement (msa). The RI divorce attorney may need to draft deeds for the real estate, revocable trusts or qualified domestic relation orders (qdro). Therefore, the cost of an uncontested divorce could vary depending on the circumstances of the case. For example, if a matrimonial attorney needs to draft a property settlement agreement, the family law lawyer will devote more time to the divorce.

Cheap uncontested divorce in Rhode Island

In my opinion, a fair price for an uncontested divorce from soup to nuts in Rhode Island with no assets, no custody or visitation disputes and no property settlement agreement is about $900 flat fee, plus costs. The typical out of pocket expenses are a filing fee of approximately $145 and service of process fees of approximately $45.

Intake and drafting divorce Documents

After you have retained a RI Divorce Dissolution lawyer, there is typically an intake process in which the Family Court Counselor obtains basic information so that he or she can properly represent you. The East Providence divorce attorneys typically draft 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, 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 some cases, a Providence Family court lawyer 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 requires temporary resolution of issues while the case is proceeding. These temporary motions typically request temporary child support, payment / contribution to daycare,  health insurance issues, temporary custody / physical custody of a child, contribution to medical bills, alimony (separate maintenance), payment of household expenses, payment of the mortgage, taxes and insurance.

A motion for temporary orders

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, child support, visitation and custody issues will be up to the litigants to sort out while the divorce is moving forward without the benefit of a court order.

Your primary goal in Providence Family Court should be to avoid your divorce turning into a train wreck similar to the cases set forth in this article.  The RI divorce cases described below were so out of control, costly and contentious that they can only be described as “train wrecks.” Thankfully, I was not involved, in any way, with these cases! If you are in need of a RI divorce attorney contact a Rhode Island divorce lawyer.

Divorce & Custody Nuclear Wars- The Top 3

Before you go to war in Rhode Island Family Court- Consider these Cases! After reading these cases, a divorce settlement does not seem like a bad idea? After learning of these divorce wars, divorce mediation may seem like a more feasible option? Below are actual quotes from the Rhode Island Supreme Court from the following Cases:

1. Cardinale v. Cardinale
2. Fossa v Fossa
3. Bergquist v. Cesario

Divorce in RI mess #1 – Cardinale v. Cardinale 

This unfortunate and ridiculous RI divorce trial is notable and infamous for four primary reasons:

• The animosity, lack of civility and rancor between the divorce attorneys involved in the cause of action.
•  6 separate appeals to the Rhode Island Supreme Court during the course of the case!
• 35 court orders by the RI Supreme Court during the lower court divorce proceeding!
• The Rhode Island Supreme Court actually decided the divorce trial rather than the trial justice.
• The highest court in RI discharged the trial justice from handling the case. This may be unprecedented.

The unfortunate license plate feud which cause wife to barf in Court

Bitterly contested, procedurally defective, bifurcated divorce

“The plaintiff, Joanne T. (DiCarlo) Cardinale (Joanne), and the defendant, Norman A. Cardinale (Norman), are no strangers to the Rhode Island Supreme Court.   During the last four years, the Cardinales repeatedly have come before us seeking emergency relief and filing petitions for writs of certiorari in connection with their bitterly contested, procedurally defective, bifurcated divorce proceeding.   During that time, this Court has issued no fewer than thirty-five separate orders and granted six writs of certiorari.   Indeed, if we administered a frequent flyer program, the Cardinales undoubtedly would be platinum members.” Supreme Court of Rhode Island. Joanne T. CARDINALE v. Norman A. CARDINALE. No. 2004-58-Appeal. Decided: January 9, 2006 Present:  WILLIAMS, C.J., GOLDBERG, FLAHERTY, and ROBINSON, JJ. Maureen Gemma, Esq., Cranston, for Plaintiff. James A. Bigos, Esq., for Defendant. OPINION  “Thus, on January 2, 2003, the divorce proceeding was bifurcated, and the parties embarked upon this long, painful, bitter dispute over the remnants of the marital estate.” Id.

Trial justice refuses to decide case forthwith

“Once the case returned to Family Court, the trial justice issued another order declining to recuse from the proceeding.   Unfortunately, the trial justice, speaking as “an officer of the court,” chose to provide commentary about his view of this Court’s lack of appreciation of his caseload and the day-to-day workings of the Family Court.   Specifically, he took issue with our directive to decide this case “forthwith” and declared, “I agree with [Norman’s counsel] that I don’t think the [the Supreme Court], the folks sitting up on the hill, understand fully what goes on here, of the caseloads involved.”  The trial justice did not comply with our directive that the case be decided forthwith.” Id.

Acrimonious proceeding and rancor between those involved is the reason RI top Court decides the case

“The level of rancor between the parties and counsel and the unfortunate posture taken by the trial justice have prompted us to direct the remedy in this case. Although we seldom deem it necessary to resort to our inherent supervisory powers to fashion remedies, we have done so on occasion to end seemingly interminable litigation. This case presents us with such a controversy.” …”As we have observed, the pool of marital assets remaining after four years of litigation has been diminished substantially by this acrimonious proceeding and Norman’s slipshod and evasive business practices.”

Trial Justice failed to keep control of the divorce proceeding

“In her brief to this Court Joanne has alleged that the conduct and comments of the trial justice suggest bias that would lead a reasonable person to question his impartiality. This was not a simple case, and its difficulty was greatly compounded by the fact that counsel were antagonistic and caustic toward each other and the parties. Although we do not undertake this discussion lightly, the level of acrimony contained in this record requires our review. The lack of civility between counsel in this case is regrettable and inappropriate.  It was the responsibility of the trial justice to control the proceedings and counsel.   He failed to do so.” Id. Moreover, the trial justice’s comments about the numerous orders issued by this Court were inappropriate, if not petulant. The plaintiff has alleged that “[h]er decision to seek instructions from this Court had an immediate impact on the trial judge’s attitude, much like throwing gas on a fire.” Id.

Trial Justice benched because of improper commentary

This commentary by a judicial officer is improper and suggests a preconceived or settled opinion against a litigant, such that the trial justice should be excused from further responsibilities in this case. Cavanagh v. Cavanagh, 118 R.I. 608, 621, 375 A.2d 911, 917 (1977) (citing State v. Buckley, 104 R.I. 317, 322, 244 A.2d 254, 257 (1968)).”Id. “While we are of the opinion that the trial justice did not conduct himself with the demeanor that we expect from a judicial officer, our correction of his rulings pursuant to our inherent power to craft a remedy, means that the parties were not ultimately deprived of their due process.” Id.

Divorce war #2 : Fossa v Fossa 

• unnecessary and unseemly contentiousness
• disconcerting case
• divorce battle – divorce war
• Divorce in RI

“Apparent unnecessary and unseemly contentiousness and perhaps “gamesmanship”

“This case has been pending in the Family Court since October of 2000, and numerous lawyers and judicial officers have been involved with it at one time or another.   The degree of apparent unnecessary and unseemly contentiousness (and perhaps “gamesmanship” as well) reflected by the record is disconcerting. Quite frankly, the travel of this case reminds us of the mythical case of Jarndyce v. Jarndyce, which Dickens so devastatingly satirized over 150 years ago in Bleak House.   He describes that case in pertinent part as follows: “[Jarndyce v. Jarndyce ] drones on.   This scarecrow of a suit has, in course of time, become so complicated, that no man alive knows what it means.   The parties to it understand it least; but it has been observed that no two Chancery lawyers can talk about it for five minutes, without coming to a total disagreement as to all the premises.”   Charles Dickens, Bleak House 7-8 (George Ford & Sylvère Monod eds., W.W. Norton & Co.1985) (1853). We wish to emphasize, however, that the Rhode Island court system is not the Court of Chancery of the Victorian era, and we are determined to see to it that our cherished system never descends to anything approaching that ignominious level.” Supreme Court No. 2004-89-Appeal. (W00-576) Kerri D. Fossa v. Richard D. Fossa: Present: Williams, C.J., Goldberg, Flaherty, Suttell, and Robinson, JJ. O P I N I O N PER CURIAM.

Plaintiff’s counsel lacks candor to the RI Supreme Court

“The defendant’s allegations in his written and oral submissions to this Court relative to perceived misconduct on the part of attorneys or judicial officers should be directed, if he chooses, to the appropriate agencies and not to this Court in the first instance. We feel obliged to add that we were dismayed to note the apparent lack of candor on the part of plaintiff’s counsel at oral argument when certain questions pertaining to defendant’s allegations were posed to him by the Court.” Id.

Worst divorce in RI #3: Bergquist v. Cesario

• Love triangle
• Like a soap opera
• Contentious and acrimonious
• relentless rancor

“A Puccini opera, or at least a mid-afternoon soap opera. It might be described not so much as a love triangle, as a romantic rectangle.”

Below you will find excerpts from the Rhode Island Supreme Court, Horton v Horton from 2006 concerning emotional abuse. The Horton decision emphasizes that fault may play a significant role in equitable division of marital assets in RI.

This case focuses on emotional abuse and financial abuse in divorce. This case is presented by Rhode Island divorce attorney David Slepkow who has over 27 years of experience in Providence Family Court.

“The Award of 58 Percent of the Marital Estate”

“Duane also argues that the findings of fact which the trial justice made prior to ruling on the allocation of the marital estate were not supported by the evidence and resulted instead from the trial justice’s misconstruction or misconception of the testimony presented at trial.   Specifically, Duane contends that it was error for the trial justice to find that “[d]uring the [eleven] year marriage * * * the Defendant dominated the Plaintiff in all areas of her life” and that “the Defendant, was able to maintain this power and control over his wife by both economic domination and emotional abuse.” Supreme Court of Rhode Island. Josephine K. HORTON v. Duane M. HORTON. No. 2004-353-Appeal. Decided: February 27, 2006 Present:  WILLIAMS, C.J., GOLDBERG, FLAHERTY, SUTTELL, and ROBINSON, JJ.M. Teresa Paiva-Weed, Newport, for Plaintiff. Christopher E. Friel, for Defendant.

Findings in divorce “supported by the evidence”

“It is our opinion that these findings by the trial justice were supported by the evidence in the record, and our review of the record has revealed no instance in which the trial justice misconstrued or misconceived the testimony presented at trial.   For example, as the trial justice noted, Josephine was required to obtain permission from Duane before she undertook ordinary daily tasks such as purchasing gasoline for the family’s car.   Further, unless she agreed to purchase gasoline at certain specific gas stations, such permission would be denied.   Josephine conceded during trial that she had become involved in what the trial justice characterized as a “quagmire of debt”;  but she also testified that, from the time that that occurred, she was required to account for literally every cent that she spent-and her failure to do so would result in Duane’s refusal to provide her with any money the following day.” Id.

 Emotional abuse : “inappropriate control over his wife”

“In addition, the record supports the trial justice’s finding that Duane maintained inappropriate control over his wife by means of the manner in which he emotionally abused her.  For example, Josephine testified that Duane was constantly “putting her down” and saying that she was stupid.   In addition, she testified that participating in what she referred to as the “intimate” aspects of the marriage became “mandatory.”   Duane presented no evidence to contradict Josephine’s testimony with respect to his controlling her, and it is our view that the trial justice properly construed the testimony and properly concluded that Duane had exerted undue financial and emotional control over Josephine during their marriage.   Further, the trial justice carefully considered the factors enumerated in § 15-5-16.1 before proceeding to equitably distribute the property.   Accordingly, we affirm the trial justice’s award of 58 percent of the marital estate to Josephine.” Id.

Providence divorce lawyer, David Slepkow

If you are in need of a Restraining order attorney or a divorce lawyer in Rhode Island, call East Providence divorce attorney David Slepkow.

Legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice