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Consider this rather unique hypothetical Rhode Island Divorce case that could be filed under Rhode Island General Laws 15-5-2(8) which is a seldom used grounds for divorce.

This hypothetical and its questions demonstrate how factual changes and/or allegations by a party might affect a RI Divorce proceeding for the parties, their minor children, the attorneys involved, and what the Rhode Island Family Court Judges sometimes have to consider in cases that diverge from the typical "irreconcilable differences" divorce cases.

* * THE SECTION (8) HYPOTHETICAL * *

In this hypothetical case, the husband is the primary wage earner of the family.   The parties have been married for eight years and have a couple children. Imagine that the the wife discovers that the husband was engaging in relationships with men and possibly other women.

After the wife discovers this about the husband she files for divorce under RI General Laws 15-5-2(8).

It should be noted that Rhode Island General Laws 15-5-2(8) is a grounds for divorce that is very seldom used in Rhode Island Family Court.

Section (8) states that a RI divorce may be granted for gross misbehavior and wickedness, in either of the parties, repugnant to and in violation of the marriage covenant.

Hypothetically, a divorce case in Rhode Island such as this is one of considerable interest since it raises more questions than it actually answers for the parties, the lawyers and particularly for the Rhode Island Family Court.

Assume purely for this hypothetical that the husband may be a person of bi-sexual and/or homosexual orientation but has been unable to come to terms with his own sexuality.  What issues or questions might this type of situation raise?

Would it make any difference if the husband concealed bi-sexual and/or homosexual relationships from his wife and continued to have intimate relations with her without her knowledge?

Might a RI Judge consider that the husband's conduct constitutes "misbehavior and/or conduct or wickedness repugnant to and in violation of the marital covenant" as set forth in Rhode Island General Laws 15-5-2(8)?

However, let's change the hypothetical momentarily.  What if the husband continued bi-sexual and/or homosexual relations while also engaging in intercourse with his wife and recklessly caused her to get infections, disease and/or AIDS/HIV?  Might that affect a Rhode Island Judge's thought process on the subject?  

Let's twist our hypothetical marriage and divorce for a minute and arbitrarily consider a few questions.

Would it be possible if the husband were only having relationships with men to reasonably argue that he had not cheated on his wife because he had not committed a sexual act with the opposite sex?  Does RI law even say anything about this?

If one were just to consider the wife's burden of proof before the court, might the husband's extramarital conduct with men be considered gross misbehavior or wickedness as stated in Section 8 of the statute?

What affect if any might the fact that Massachusetts had approved same sex marriages for a time have on a Rhode Island Court's findings and rulings?

What kind of conduct is considered "repugnant to the marriage covenant" under Rhode Island law?

By the same token, what conduct would be considered "wickedness" as envisioned by the Rhode Island Statute?

Under any of these hypothetical scenarios, might there be any conduct by the husband which causes his conduct to reach the level of "gross misbehavior" and/or "wickedness"?

Please keep in mind that this article is not an attack, nor even a criticism of a bi-sexual, homosexual or lesbian lifestyle.  Rather, this is merely the application of a hypothetical with possible scenarios and questions that may or may not affect these seldom used grounds for divorce under Rhode Island law.  Specifically this is a preliminary consideration about whether actions under this hypothetical scenario and the various questions posed herein might fall within the divorce grounds provided by R.I. General Laws 15-5-2(8) as noted above.

Though there are many who may disagree with my conclusion that "making the wrong choice of divorce lawyer" is certainly not the greatest thing that prevents divorce settlements, I leave those persons to their opinion and remain steadfast in my belief that divorce lawyers are often the greatest impediment to preventing divorce settlements.

Having practiced almost exclusively as a Rhode Island divorce and family law attorney for nearly a decade I have had the opportunity to oppose countless attorneys who have represented the opposing spouse.  From the outset of my practice I noted a distinct pattern and made it a practice to listen more than I spoke, it is this practice and skill that has served me best in my divorce and family law practice.  

I have gained my most valuable knowledge by listening to divorce attorneys I have opposed in court as well as listening to others while walking through the halls of the family courts or waiting to be heard in the courtrooms.

Some Rhode Island divorce lawyers, though certainly not all, do not share my "families first" philosophy.  Clients should keep in mind that there are those attorneys who see clients merely as a paycheck.  If you were a divorce attorney with heavy personal financial burdens or with a substantial desire for increased monetary rewards and you knew that your income was dependent upon the number of clients who hire you each year and how much you earn from those clients, what might you do?

Consider each of these questions and answer them for yourself.

If your divorce case lasts longer, couldn't a divorce attorney justify earning more from your case?

If you are upset about your divorce, couldn't a Rhode Island divorce attorney aggravate what is upsetting you in order to make it more difficult and take longer to set up your case?

If your divorce attorney knows that to make his or her desired income he or she must represent X number of divorce clients each year and make $5,000 on each client, is it more likely or less likely that your divorce attorney will counsel you to agree to a reasonable settlement of your case within the first three weeks of your case?

You may draw your own conclusions.  For my part, virtually every case that I have been unable to reasonably settle within a reasonable period of time before both my client and the opposing spouse are injured by the financial burdens associated with divorce litigation have been prevented by attorneys who have placed their own interests before that of their clients.  Some of those attorneys even have an underhanded pattern of doing so such that I now warn my clients of what we are up against before we proceed further.  Attorneys who act in this way do a disservice to the legal profession and an even greater disservice to their own client.

Rhode Island divorce attorneys who act in this way are a greater prevention to the settlement of divorce cases because emotion is not intentional and can be countered by the reasonableness of a good divorce lawyer who cares about the client and places the client's interests first.  However, the intentional actions of a lawyer with his or her own interests placed before those of the client in every sense (mentally, emotionally, physically or financially), can sometimes not be prevented even by the most skilled opposing practitioner.

Ultimately, if you have significant anger regarding your divorce, it is always advisable to seek the assistance of a counselor even if you do not believe your anger is affecting your judgment.  Often, anger does, in fact, affect judgment in divorce cases to a person's detriment.  

Additionally, be aware of what your attorney is doing in your case and remain active in your communications with your attorney.  Most cases are capable of being resolved within three (3) months if the parties and attorneys act in a reasonable manner.  If it takes longer than this, speak with your attorney, speak with your spouse and if necessary, speak with your individual counselor.  You may discover that what you think is happening in your divorce case as represented by your attorney is much different than what is actually occurring.

In any divorce, be aware of your emotional state and be aware of your case and your divorce attorney's conduct.  In the end, both will serve you well in resolving your Rhode Island divorce case.