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In a Rhode Island Divorce "pre-marital" assets are determined by the judge assigned to your divorce case.

However, Rhode Island family court judges are guided by statutes and cases decided by our Rhode Island Supreme Court when determining which assets are "pre-marital."

Generally, pre-marital assets are outside the power of the Rhode Island Family Court to divide, distribute, or control in a Rhode Island divorce proceeding.  

However, assets only fall outside the power of the Rhode Island Family Court after the judge assigned to your divorce determines that an asset is, in fact, a pre-marital asset.  Until that time, an asset is part of your divorce and falls within the power of the court and the laws and orders regarding divorces.

A pre-marital asset is an asset owned by only one spouse prior to the marriage, and remains completely separate from the other spouse during the marriage.  This includes, its ownership, its storage, its replacement, its repair, its enhancement, any insurance on the asset, and any other aspect of the marital relationship and/or income. 

If during the marriage an asset was treated or preserved in any way, legally or practically, which indicates that it was owned by both spouses, then the asset's character may change from pre-marital to marital.

Keep in mind that any change in value of a "pre-marital asset" during the marriage may be treated as a marital asset.  For example, Deborah buys a diamond ring at an estate sale while she is single.  Deborah marries Francis.  During Deborah's twenty-five (25) year marriage to Francis, the diamond ring appreciates in value by 30%.  Even though the ring may be a pre-marital asset and typically not within the power of the Rhode Island Family Court Judge to divide and distribute, the 30% appreciation of the ring during the marriage may be considered a marital asset if the Judge determines it to be so because it occurred while Deborah and Francis were married.


Authored By:

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce* Lawyer is Now
Rhode Island's Only Divorce and Family Law Coach
!!

Discover the Tremendous Benefits You Receive by 

Participating in Family Law Coaching Sessions!

Go to RhodeIslandDivorceCoach.com


Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

Copyright 2009 to Present.  Christopher A. Pearsall, Esquire
 Offering Divorce and Family Law Coaching for a New Millenium!

* Rhode Island licenses all attorneys in the general practice of law.

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As a Rhode Island lawyer focusing my practice mostly on divorce coaching these days I look back upon a man who said something to me privately decades ago that perplexed me.  This man had been practicing in another state for some 40+ years.

This man was about as true, honorable and generous a gentleman as I have ever met.  He embodied everything that I saw in a good lawyer.  He truly cared about his clients.  He fought for each one of them.  Yet he did so within the bounds of the law, within the bounds of his professional ethical code, and with a high degree of morality such as I have never seen before.  The lawyer knew that I admired him and had great respect for him as both a person and as a lawyer.  

One extremely hot Tuesday afternoon this rather portly lawyer returned to his office after losing a  district court hearing.  He plopped himself down in the chair at the opposite end of the short conference room table I was sitting at in the office law library.  His secretary nervously brought him a lemonade and napkin then quickly skirted out of the room.  There was silence.  It seemed to go on forever.  Finally, I said, "I'm considering becoming a lawyer."

It lasted perhaps two seconds but it seemed like an eternity.  The lawyer lifted his  partially balding forehead, wiped his brow with the napkin then grabbed a nearby law book and flung it across his small law library.  The book smashed against a row of New Hampshire Statutes Annotated.  I heard the spine of the hardcover book tear slightly as it fell to the floor.

It was one of the first times I had ever seen this man so angry and upset.

I was quiet.  Perhaps my timing was off.  This time I kept my big mouth shut and waited until the lawyer spoke.  This is what he said.

Lawyer:  [Very Loudly though not Shouting] "I HATE LAWYERS! 

This time the pause was endless and it seemed very clear the lawyer wasn't going to say anything else.  So, I took a chance.  I was just too puzzled not to speak.

Chris:  "I don't understand.  You are a lawyer."
    
He was quiet for another period of time.  I took a chance and asked my question.

Chris:  "How can you hate lawyers when you are one?  I don't get it."

He waited quite awhile before speaking.   I was thankful that there wasn't another hardcover book within the lawyer's reach.

Lawyer:  [ A bit calmer . .  ]   I can't explain it.  You have to live it.  But I tell you Chris, if you're anything like me you'll know what I mean when you get there.

That was it.  The conversation never went further.  It was never brought up again to this date.

I've been working in the legal field now for more than 20 years after that conversation.  

As a Rhode Island lawyer I am bound by a Professional Code of Ethical Conduct and Rules of Conduct.  To some extent there are things that I can say and things, things I shouldn't say and things I am prohibited either from saying or doing.  Some of them might amaze the layperson.  I know they amaze me.  Morality and Personal Professional Ethics are another ball of wax that are completely different.

The lawyer's name (for lack of a better one just as a point of reference) was Roger.

Hopefully he's still alive and hopefully he is in tune enough with today's "internet" that he reads this article.

So after all the years that have passed I would like to address one statement to this great lawyer and then another one to you as my reader.

First, to this great lawyer.

Roger, I went down the path.  Just as you thought, I was very much like you.  Thank you for your wisdom.  Just as you thought, I understand. 

Now, to my readers I offer this.

If you have read my message to Roger then you may not understand the statement I make now until you meet with me.

"If you need a lawyer and you happen to like lawyers then chances are . . you won't like me."

With that said, I can tell you that as a Rhode Island Lawyer who has focused my practice exclusively in the area of divorce and family law, I can't make your problems go away.  They are your problems and only you can take responsibility for them and only you have the power to resolve them in your life by your own decisions.

What I can tell you is that I can help you understand and to get through your Rhode Island divorce and family law challenges by working with you as your Coach or by working for you through Representation.

Roger's words were invaluable.  Today, they are the powerful force motivating the continued growth of your coaching program.  It is a your program specifically because it is designed for you.  It is designed to teach you, train you, inform you, and save you time and money in the areas of divorce and family law.

As Your Coaching Program continues to evolve, it will continue to work faster for you, become more economical than it already is for you, become more helpful than it already is for everyone.

Whatever you choose to believe, there is one thing you can know with certainty.  I am one lawyer trying to make a difference with a new and innovative way of practice designed by my sacrifices and your willingness to be open to something new that works. 

What can Your Coaching Program Help You With?

Rhode Island Divorces & Legal Separations
Rhode Island Child Support Establishment, Modification, Collection and Termination
Rhode Island Child Custody and Child Custody Modifications
Rhode Island Petitions to Enforced Marital or Property Settlement Agreements
Preparing Pre-Nuptual Agreements and Ante-Nuptual Agreements
Petitions to Move Out of State with Minor Children
Rhode Island Motions to Modify Child Support
Petitions to Establish Paternity
Motions to Adjudge In Contempt and Defense of Contempt
Protection from Abuse Petitions and Defense Against Such Petitions
Rhode Island Motions and Petitions to Establish, Modify or Terminate Visitation
RI Common Law Divorces and their Defense
Rhode Island Legal Rights
2nd Opinions on Rhode Island Family Law Cases
and many more . . . 

Look for my testimonials section coming soon!  Call for a low-cost Coaching Session!

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce* Lawyer is Now
Rhode Island's Only Divorce and Family Law Coach
!!

Discover the Tremendous Benefits You Receive by 

Participating in Family Law Coaching Sessions!

Go to RhodeIslandDivorceCoach.com


Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

Copyright 2009 to Present.  Christopher A. Pearsall, Esquire
 Offering Divorce and Family Law Coaching for a New Millenium!

* Rhode Island licenses all attorneys in the general practice of law.

- - Recommended Websites - -

Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | ChrisPearsall.com | LegalScholar.com | Pearsall-Law-Associates.comRhode Island Divorce Attorneys | Rhode Island Divorce Lawyers | Rhode Island Divorce Coach  |  RI Divorce Coach | RI Divorce Lawyer on Twitter | Rhode Island Divorce Coach on Twitter | Rhode Island Divorce Lawyer on Facebook.com | 

QUESTION:

I was divorced in 1986 and was awarded 50% of my ex-husbands pension, I was told my the pension co that I need a Quartro form to be signed by the courts. How do I go about this and what are the fees. I am unemployed at the moment but would like to collect the pension as soon as my ex files for the pension at 60.


ANSWER:

What you need is a Qualified Domestic Relations Order (QDRO). You will need to hire a lawyer to prepare this specialized Order. Typically, you will need to provide the lawyer with a certified copy of your Final Judgment of Divorce, any Marital Settlement Agreement you entered into with your spouse as well as other required information about your ex-husband's employer, etc... 

The QDRO lawyer will typically contact the pension administrator's office to obtain all the terms and conditions relating to your ex-husband's pension account. Then, based upon those terms and conditions the QDRO lawyer will draft a QDRO which will need to be reviewed by your ex-husband's divorce lawyer and/or your ex-husband if your ex-husband was unrepresented. If the draft is approved by your ex-husband's lawyer or your ex-husband, then it is sent for the Pension Administrator's review. 

Thereafter, if the QDRO is in compliance with the terms and conditions of the pension, then it will receive preliminary approval by the pension administrator who will notify your lawyer. After pension administrator approval is received, then your Rhode Island divorce attorney will need to go into family court (your divorce file may have to be re-opened) and the court must approve of and sign the QDRO. Thereafter, the clerk of the family court will enter the QDRO on the records of the family court after the judge has signed it. 

Next, you or your Rhode Island divorce attorney must then provide a certified copy of the signed and entered QDRO to the pension administrator who will then follow the Order in accordance with the the QDRO's terms and you will receive whatever pension funds you are entitled to as set forth by the QDRO and in accordance with the terms and conditions of the pension. 

Please note that this QDRO should have been done long ago. This process can take anywhere from three to eight (8) months so you should not expect to receive anything right away. Also, you should speak with your divorce lawyer so you understand  what you are entitled to. 

You may be expecting 50% of the payment your ex-husband is entitled to receive at the time he is entitled to receive his pension payments but that may not be what you are entitled to.   Anything after your divorce would usually be considered non-marital, therefore, what you are entitled to is most likely 50% of what the marital amount would have been in 1986... not today.  

You should anticipate that this may cost you upwards of $1,000 or more, especially if your divorce matter needs to be reopened by the court.  Reasonably speaking this should be a cost that you would be expected to bear because it is an order that benefits you and removes monies from a benefit in your husband's pension to be apportioned to you.

My best of luck to you with this task. I suggest you seek out the services of a lawyer who specializes in preparing Qualified Domestic Relations Orders. You should be aware that QDROs are not run of the mill orders that are easily drafted.  They can be extremely complicated and rather lengthy at times.

If you need a referral to a qualified attorney who drafts QDRO's, please do not hesitate to contact me at (401) 632-6976 or email me at RhodeIslandDivorceCoach@gmail.com.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce* Lawyer is Now
Rhode Island's Only Divorce and Family Law Coach
!!

Discover the Tremendous Benefits You Receive by 

Participating in Family Law Coaching Sessions!

Go to RhodeIslandDivorceCoach.com


Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

Copyright 2009.  Christopher A. Pearsall, Esquire
 Offering Divorce and Family Law Coaching for a New Millenium!

* Rhode Island licenses all attorneys in the general practice of law.

- - Recommended Websites - -

Pearsall.net | AttorneyPearsall.com | RhodeIslandDivorceTips  | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | ChrisPearsall.com | LegalScholar.com | Pearsall-Law-Associates.comRhode Island Divorce Attorneys | Rhode Island Divorce Lawyers | Rhode Island Divorce Coach  |  RI Divorce Coach | RI Divorce Lawyer on Twitter | Rhode Island Divorce Coach on Twitter | Rhode Island Divorce Lawyer on Facebook.com | Rhode Island Home Buying Tips | 

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