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Rhode Island Computer Crimes in RI Divorces? Absolutely!

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Whether you like it or not Rhode Island Divorces with bitter spouses are no longer simple anymore.  They have risen to the level of cyber terrorism yet the law has yet to catch up with it in the area of Rhode Island Family Law.  Only criminal law seems to have reached the area of computer crime and infiltration of private information.  Here is only one example of what computer hackers are capable of.

Privacy is no longer something to be considered sacred anymore and some parties in a divorce have taken matters to new heights, going so far as infecting computers with hidden software programs that go virtually unnoticed by the user while the spouse is constantly fed your private information.

Imagine being in a Rhode Island divorce proceeding only to have your private emails and banking records thrown at your own attorney in the courtroom hallway. 

Imagine having your account at BANK RI drained of funds by a transfer you never authorized.

Imagine having fraudulent information published on your Facebook page to be used against you in your divorce when they were planted by your spouse who has stooped to a new low in guerilla divorce tactics.

These are only a few of the actions that spouses have taken or could take to cripple you in a divorce proceeding whether they contain accurate information or fraudulent information.

Denial is usually the first level a spouse will arrive at if these things are even mentioned, yet the reality of the things are that people who can do these things are readily available through the internet or through internet contacts.  Sadly there are even companies that sell little known programs that will do some very damaging and intrusive things to you in your RI Divorce proceeding without having the slightest amount of computer knowledge at all.

In the end, depending upon how the person engaged by your spouse approaches the situation, or which spouse performs the actions, or which spouse even "owns" the computer, the spouse taking these denigrating acts of violation or hires a person to do so may have committed a state or federal computer crime punishable by fines or jail time.  Yet many spouses, especially those with children, bank on the very fact that the spouse begin victimized by these computer invasions of privacy would never cause the mother or the father of their children to be labeled as a criminal.

Ultimately, if you have a computer, especially one connected to the internet by a cable or DSL internet service your level of awareness during a divorce should be increased as should that of your divorce lawyer. 

Yes, Rhode Island divorces could (and frankly have) become subject to criminal acts out of everything from emotion, to vengeance to extreme acts of protection which may be, in fact, criminal.

Watch your back!  Watch your front!  Watch your kids!  But be ever vigilant that your computer may be used to watch YOU!

Many things can prevent a Rhode Island Divorce Case from settling.  In fact, while I cannot speak for all attorneys in other states I tend to believe that people and attorneys do not differ that much from state to state.  With that in mind, these may be the top two things that prevent divorces from settling on a national basis.


* * * The 2nd Greatest Thing that Prevents Divorce Settlements * * *


In my Rhode Island divorce practice, experience has taught me that "anger" is the second greatest contributor to the inability of parties, with or without attorneys, to reach a reasonable settlement in a divorce.


While divorce often evokes a plethora of emotions in one or both parties in a marriage, none seem as prominent or as powerful to delay and prolong the resolution of the divorce as "anger."  The anger may stem from any number of things ranging from a suddenly discovered long-term affair to a drug or gambling addiction and more.   As a divorce attorney I leave the treatment of a parties' anger to psychologists and therapists better equipped to address and treat its source and help divorcing parties deal with their mental and emotional dilemmas.


However, there is no doubt that as a divorce lawyer, I (and my colleagues) deal with the effects that the anger of either party has on the divorce proceeding.  These effects range from emotion filled meetings with angry clients who feel cheated and betrayed by their spouse to the vindictive decisions or actions of an opposing spouse with an outright desire to injure the other spouse emotionally or even physically.  


Divorce settlements are often prevented by the anger of one spouse at the other spouse.  Usually this takes the form of one or both spouses making demands in the settlement of their marriage that in some way justify the party's feelings or otherwise vindicate the spouse in some way by gaining more in the way of an apportionment of assets or less in the way of an assignment of marital debt.  Simply put this becomes a matter of getting something that makes the spouse feel that he or she "won" in some way over the other spouse.


In truth, there are no real winners in such a situation.  The anger merely costs the parties more physical, mental and emotional turmoil than is necessary and the attorneys make more money while the parties have less money in the end for their own needs.  


Even if one party views the divorce trial or settlement as a "win", it is merely an illusion.  No one wins in a divorce.  The only way to truly win is to resolve the issues you have at present and move on to a new and different future without the other person as your spouse.



* * *  The Greatest Thing that Prevents Divorce Settlements * * * 

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.

 

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 | 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 | Rhode Island Home Buying Tips | 

QUESTION:  

My ex-husband kept the information from me that we have actually been divorced since 2008 from me. During all that time till now he had me thinking we are still married so I have been working on our marriage.  I want to know if i can sue him because of this.
 

ANSWER: 

In order to obtain a Final Judgment of divorce in Rhode Island, your ex-husband had to serve with the divorce papers in a way that was sufficient to give you notice of the divorce proceeding that meets due process standards.  If you knew about the divorce filing, it was up to you to make sure you kept up to date on what might be happening in the divorce case in the Rhode Island Family Court.


 Unfortunately there is not legal theory that allows you to sue your ex-husband under these circumstances.  If your husband wanted the divorce then you might have prolonged the proceeding but you would not have stopped it, so essentially you would have no damages to sue to recover.


If you weren't aware of the divorce itself and you have good reason why you would want to be married to this man as of today, you might want to find out how you were considered lawfully served by the Rhode Island Family Court and obtain an experienced divorce lawyer's opinion as to whether it was lawfully correct service of process.  It is possible, though rare, that you could successfully challenge the Rhode Island Divorce Judgment itself based upon lack of due process.


Authored By:

Christopher A. Pearsall, Attorney-at-Law

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

Find out the Tremendous Benefits You Receive by 

Participate in Family Law Coaching Sessions!

Go to RhodeIslandDivorceCoach.com


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

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 | 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 | Rhode Island Home Buying Tips |