Jeremy Howe - Newport RI Divorce Attorney and Mediator

Mediation Can be a Less Expensive Option than Litigation in a Divorce

2013-08-06T23:13:00.000-04:00

There’s no questioning that divorces are stressful for all parties involved. Some divorcing spouses may choose to mediate instead of litigate, and the choice of mediation can carry many benefits.

Mediation is a form of alternate dispute resolution where a qualified third party negotiator helps to negotiate a settlement. In dissolution of marriage cases, each spouse can be represented by his or her own attorney, but may choose to go before a licensed court-approved mediator, often a barred attorney, to reach an agreement on child custody, support, alimony and the distribution of assets.

One benefit to mediation is the cost. By using facilitated negotiation, couples can often workout their differences together and avoid costly court and attorney fees. Another benefit to mediation is the time frame. A litigated divorce can take years to reach a final judgment, where sometimes a mediated divorce can be resolved in several months.

Mediation allows the divorcing parties to be in control of their outcome, where judicial outcomes can be rigid and define a winner and a loser. A consequence of this type of resolution often brings about more compliance in a divorce settlement, because both parties feel that they have worked hard to negotiate a final agreement.

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The Law Offices of Jeremy W. Howe, LTD. Providing Family Law and Elder Law Services to Rhode Island since 1974.

"We Make Elder Law House Calls!"

Probate Experts Agree - James Gandolfini's Will is a Tax Disaster

2013-08-05T08:30:00.000-04:00

The untimely death of actor James Gandolfini at the young age of 51, brings the importance of proper estate planning into light.

In the case of Gandolfini’s estate, probate experts agree that his will is a tax disaster. Of his $70 million estate, a whopping $30 million of it will go directly to the IRS. Apparently 80% of his estate was subject to “death taxes” at a rate of about 55%.

To read more about James Gandolfini’s will, and a few tips on estate planning, click on the following link:

http://www.forbes.com/sites/robertwood/2013/07/20/key-lessons-from-james-gandolfinis-will/

What about you? Is your will up to date? Are your loved ones vulnerable to losing a large portion of your estate to taxes?

The attorneys at the Law Offices of Jeremy W. Howe, LTD., specialize in probate, estate planning and elder law. If you would like to verify that your will is current with today’s probate laws, contact the lawyers at his Providence, Rhode Island office for a free comprehensive telephone consultation.

Attorney Jeremy Howe and his team of elder law and family court lawyers have been providing quality elder law representation in Rhode Island for nearly four decades. He and his co-mediator have successfully mediated hundreds of divorce, family law and elder law cases throug
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The Law Offices of Jeremy W. Howe, LTD. Providing Family Law and Elder Law Services to Rhode Island since 1974.

"We Make Elder Law House Calls!"

Till Debt Do We Part?

2013-07-29T13:41:00.001-04:00

Till Debt Do We Part?

In community property states, both spouses are responsible for any debt that has been incurred while they were married.

That means if one spouse doesn’t pay an outstanding credit card debt accumulated during the marriage, then the other one must pay, or risk credit damage and collection actions. The credit card company doesn’t view it as “his” or “her” debt. Instead, they see one debt, and if they can’t collect from one party, they will try to get the entire balance from the other party.

To read more about divorce and credit card debt, click on the following link:

http://www.foxbusiness.com/personal-finance/2013/07/12/divorce-and-card-debt-in-community-property-s…

However, if you are divorcing in Rhode Island, it is important to note that Rhode Island is not a community property state, but instead is an equitable distribution state.

In Rhode Island, marital property is considered to be all property acquired during the marriage by both partners. If there is a divorce, the court will aim to distribute one half of this property to each spouse unless the court finds such a division to be inequitable or unfair. In order to decide this, the court looks at various factors such as length of marriage, age, health, employability, other sources of income and any debt.

Are you a resident of Rhode Island and considering divorce?

The experienced lawyers at Law Office of Jeremy W. Howe, LTD. and the mediators at Partners In Mediation offer you two options in order to proceed with your divorce or other family disputes and problems. Learn about these options and which would work best for you by calling or contacting Jeremy Howe for a free comprehensive telephone consultation. Attorney Howe and his team of family court lawyers have been providing quality divorce and family representation in all Family Courts in Rhode Island for nearly four decades. He and his co-mediator have mediated hundreds of divorce, family law and elder law cases across the state of Rhode Island.

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The Law Offices of Jeremy W. Howe, LTD. Providing Family Law and Elder Law Services to Rhode Island since 1974.

"We Make Elder Law House Calls!"

Marital Property Law and Divorce in Rhode Island

2013-07-18T13:27:00.000-04:00

Have you signed off on ownership to a marital property and think that now you are free from worry about any future mortgage debt obligations to the property? Well, you might want to continue reading.

During a divorce, once a spouse signs his or her name off of a property title, that does not mean that the spouse is off of the mortgage loan as well, contrary to what many people seem to believe.

It is important to know that creditors, including the mortgage lenders, are not part of the divorce proceedings. While a spouse is legally allowed to sign his or her name off the deed to a home as part of the divorce settlement, the lender does not have any obligation to remove the spouse’s name from the mortgage loan. However, a bankruptcy filing can change these circumstances.

Click on the following link to read more about divorce and what it means for mortgage debt and bankruptcy:

http://www.foxbusiness.com/personal-finance/2013/07/02/how-does-divorce-affect-bankruptcy-and-mortgage/

To learn more about the complexities of property division in a divorce, and to see if mediation is an option for your divorce, speak with a family law attorney at the Law Offices of Jeremy W. Howe, LTD., in Providence, Rhode Island.

The experienced lawyers at Law Office of Jeremy W. Howe, LTD. and the mediators at Partners In Mediation offer you two options in order to proceed with your divorce or other family disputes and problems. Learn about these options and which would work best for you by calling or contacting Jeremy Howe for a free comprehensive telephone consultation. Attorney Howe and his team of family court lawyers have been providing quality divorce and family representation in all Family Courts in Rhode Island for nearly four decades. He and his co-mediator have mediated hundreds of divorce, family law and elder law cases across Rhode Island.
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The Law Offices of Jeremy W. Howe, LTD. Providing Family Law and Elder Law Services to Rhode Island since 1974.

"We Make Elder Law House Calls!"

Baby Boomers and Divorce

2013-07-02T14:23:00.000-04:00

Baby Boomers are divorcing in record numbers.

In 1990, 1 out of 10 people over the age of fifty divorced. Ten years later, a surprising to 1 out of 4 people aged fifty years or older, are choosing to end their marriages.

While the idea of divorcing after age fifty may seem especially painful because of old memories or fears of being alone later in life, recent research shows that the age and experience of Baby Boomers, makes them better equipped to handle the challenges associated with divorce. In fact an AARP study shows that 3 out of 4 Baby Boomer divorcees say that they made the right decision in choosing to divorce.

For Baby Boomers who may suddenly find themselves single again, there are some general principals and tips to help cope with life post-divorce.

To read tips for divorced Baby Boomers and to view an interesting info-graphic on the new “gray” divorce trend, please click on the following link:

http://www.huffingtonpost.com/allison-pescosolido-ma/the-gray-divorce-tips-for_b_3454624.html

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The Law Offices of Jeremy W. Howe, LTD. Providing Family Law and Elder Law Services to Rhode Island since 1974.

"We Make Elder Law House Calls!"

Interesting Trends Taking Place in Divorce

2013-06-26T07:30:00.000-04:00

A prominent divorce financial strategist has revealed to Forbes Magazine some interesting trends taking place in divorces over the last decade. Some of the most notable divorce trends are:

1. As marriage rates decrease, divorce rates decrease proportionately.
2. Women are usually the ones who initiate a divorce.
3. “Grey” divorces, a name for divorces later in life, are on the rise.

To read about the trends in divorce, and to view a fascinating info-graphic about divorce, please click on the following link:

http://www.forbes.com/sites/jefflanders/2013/06/20/not-your-mothers-divorce-three-21st-century-trends/

Are you a resident of Southern Rhode Island and considering divorce? The experienced lawyers at Law Office of Jeremy W. Howe, LTD. and the mediators at Partners In Mediation offer you two options in order to proceed with your divorce or other family disputes and problems. Learn about these options and which would work best for you by calling or contacting Jeremy Howe for a free comprehensive telephone consultation.

Attorney Howe and his team of family court lawyers have been providing quality divorce and family representation in all Family Courts in Rhode Island for nearly four decades. He and his co-mediator have mediated hundreds of divorce, family law and elder law cases in North Kingstown, South Kingstown, Cranston, Warwick and Westerly, Rhode Island and the surrounding communities.
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The Law Offices of Jeremy W. Howe, LTD. Providing Family Law and Elder Law Services to Rhode Island since 1974.

"We Make Elder Law House Calls!"

Testimonial from a Recent Legal Separation Client in Tiverton, RI

2013-06-25T21:45:00.000-04:00

Testimonial for Kristy Garside from a Recent Legal Separation Client

“Kristy – Thanks again for all of your support and help through this challenging time. I am so blessed to have found you and to have someone that truly understood my position and supported me every step of the way. We all appreciate you and your efforts!”

Tiverton Wife – Legal Separation
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The Law Offices of Jeremy W. Howe, LTD. Providing Family Law and Elder Law Services to Rhode Island since 1974.

"We Make Elder Law House Calls!"

Mediation is Cheaper than Going to Court

2013-06-20T10:47:00.002-04:00

One of the most economical and effective options of a divorce proceeding is choosing to mediate instead of litigate. Mediation gives a person control of the final marital settlement agreement outcome. By choosing to mediate, couples will spend less money on the costs associated with litigation. Another advantage of mediation is that an agreement may be reached much faster because both spouses work toward a consensual agreement and avoid having the lengthy delays come with having a judge decide on a martial settlement agreement.

To read more about mediation and about other cost saving options in a divorce, please click on the following link:

http://www.foxbusiness.com/personal-finance/2013/05/16/how-to-make-your-divorce-cheaper/

Have you been staying in an unhappy marriage because you are afraid of the costs associated with divorce? The lawyers at Law Office of Jeremy W. Howe, LTD. and the mediators at Partners In Mediation offer you two options in order to proceed with your divorce or other family disputes and problems.

Learn about these options and which would work best for you by calling or contacting Jeremy Howe for a free comprehensive telephone consultation. Attorney Howe and his team of family court lawyers have been providing quality divorce and family representation in all Family Courts in Rhode Island for nearly four decades. He and his co-mediator have mediated hundreds of divorce, family law and elder law cases in all Rhode Island counties.

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The Law Offices of Jeremy W. Howe, LTD. Providing Family Law and Elder Law Services to Rhode Island since 1974.

"We make Elder Law house calls!"

2013-06-10T16:35:00.004-04:00

FAMILY LAW AND ELDER LAW ATTORNEY, KRISTY GARSIDE, RECEIVES PRESTIGIOUS AWARD FOR PRO BONO ACCOMPLISHMENTS

June 10, 2013, Newport, RI: Kristy Garside, a family law and elder law attorney with The Law Offices of Jeremy W. Howe, Ltd., has been awarded the prestigious Rhode Island Bar Association’s 2013 Pro Bono Publico Award for her outstanding efforts in providing equal access to justice to the poor through the Volunteer Lawyer Program. The Rhode Island Bar Association’s Pro Bono Publico Awards program seeks to identify and honor individual lawyers who have enhanced the human dignity of others by improving or delivering volunteer legal services to the poor and disadvantaged.

Kristy Garside has been advocating on behalf of impoverished Rhode Islanders since law school, when she received her J.D., from Roger Williams University School of Law in 2004. She has been an active participant in the Rhode Island Bar Association’s Volunteer Lawyer program for many years. Garside offers her family law and elder law knowledge and expertise to the volunteer program, which provides legal assistance to low-income clients who are financially unable to obtain legal representation. She is among over 1000 private attorneys in the State of Rhode Island who volunteer their time for this program.

Newport Attorney Jeremy Howe, of The Law Offices of Jeremy W. Howe, Ltd., offered his congratulations to Garside, saying, “We are very proud of Kristy. Her legal work is of the highest quality, even when she isn't being paid. Kristy truly cares about the people she represents." Garside will accept her Pro Bono Publico Award on June 13, 2013 at the Rhode Island Bar Association’s Annual Meeting Dinner.

Divorce and the Retirement Assets

2013-05-28T14:53:00.000-04:00

I recently read an article on SmartMoney.com, which is put out by Fidelity.com that discussed "Divorce over 50: 3 Mistakes to Avoid" by Catey Hill.

The first "mistake" referred to was to ignore the tax consequences of retirement funds. Our office happens to be very knowledgeable regarding retirement accounts because we study the plans for our own clients, and we are also often hired by other attorneys to assist their clients in drafting the documents required to divide the retirement assets.

In order for an employer to give a portion of an employee's pension or retirement account (ex. 401(k), savings plans, etc.) to someone other than the employee, a document that is separate from the divorce decree or settlement agreement must be drafted, submitted to the court, and then sent to the employer. We are often hired to draft such orders, also known as Qualified Domestic Relations Orders, or QDROs. These orders have to address all the provisions of the plan, including but not limited to: the amount awarded, what happens if the employee dies prior to or after they retire, and when the former spouse can begin to collect his or her portion of the pension. You do not always need to wait until he or she retires before you can get your share!

You may think it would be common sense for an attorney to understand the plan and to know what the value of that plan is before they attempt to negotiate a settlement, but this is not always true. We are available to consult with attorneys if they have questions, and advise one party or the other how the terms of the Order could be written to achieve the most favorable result.

If you are getting divorced, and your attorney does not seem to have a handle on how the retirement plan works or what the value of that plan is in today's dollars and in the future, I suggest you call our office before you sign a settlement agreement.

Additionally, if you have been divorced and were awarded a piece of your ex's pension, but you have never seen a QDRO on your behalf, CONTACT OUR OFFICE. We can help.

www.CounselFirst.com or 401-841-5700.

RILS: Low-Income Tax Payer Clinic Perseveres!

2013-05-27T20:28:00.000-04:00

I read this story in the Rhode Island Legal Services (RILS) newsletter. This clinic may be useful for our clients and friends, and we have worked with and attended many seminars by Attorney Segovis. If you are interested to find out more about RILS's Low Income Tax Payer Clinic, please call RI Legal Services at 401-846-2264. -Kristy

Low-Income Tax Payer Clinic Perseveres!

With RILS's, help Terese was able to obtain legal guardianship of her two grandchildren who were orphaned when their mother died as a result of domestic violence. Terese was determined to protect the children from their mother's abuser despite having limited means of supporting herself.

Terese's daughter had worked until her death and was entitled to substantial state and federal tax refunds. The daughter also had money in the bank. Terese was told there was no way she could access any of this money without a probate order.

Her Safe Family Unit attorney referred her to RILS's Low Income Tax Payer Clinic (LITC). Attorney Elizabeth Segovis obtained an order naming Terese as the personal representative for her daughter's estate and then assisted her with the IRS.

In the end, Terese was able to recover almost $10,000 to assist her with her grand- children's care.

Military Pensions and Divorce

2013-05-27T20:27:00.000-04:00

Our office practices Family Law, and more specifically, we also draft military retirement orders for other attorneys in order to divide military pensions.

Far too often the attorneys do not understand the plan, nor do they understand what they are "giving up" to the other side by not knowing they have options. For example: The parties can divide a pension based on a formula calculated as of the actual retirement date, or use a formula that "freezes" the pension amount at the date of separation or divorce. These options have vastly different results, although there are legitimate reasons why one should more appropriate than another.

We give seminars several times a year and offer to answer questions for attorneys BEFORE the divorce settlement is negotiated. However, despite our efforts, we are rarely approached with such questions.

If you or someone you know is going through or contemplating divorce, the attorney handling the case should be aware of how the military pension works, and they ways in which it can be divided. If the attorney can't explain it, we are here to help. Please call us at 401-841-5700 or visit our website at www.CounselFirst.com. Do not wait until it is too late.

Rebounding Economy Encourages New Divorce Filings

2013-05-21T15:22:00.002-04:00

Divorces are on the rise again across the U.S. and in Southern Rhode Island. Economic stability is giving unhappy couples confidence in their ability to support themselves in separate households. Experts credit the rebounding of the real estate market, improving unemployment numbers and the healthy stock market for the increase in new divorce filings. In recent years, many couples have felt forced to remain in unhappy marriages because one or both spouses may have been unemployed or fearful of a job layoff, or because the marital residence may have been an “underwater” property, with no equity to divide in a marital settlement agreement. The recovering economy also results in couples having more disposable income and being able to hire family law attorneys to represent them in long-awaited divorces.

Click here to read last week’s Today Show report on how couples are affording to file for divorce.

http://lifeinc.today.com/_news/2013/05/14/18250438-til-death-or-economic-recovery-do-us-part?lite

Have you been staying in an unhappy marriage because you are worried about your future finances?

Postdivorce Problems Involving 401k Plans (or other “Qualified Assets”)

2012-09-26T09:30:00.000-04:00

When a husband and a wife (the parties) get divorced, “qualified” plans such as 401k plans are divided by the husband and wife by means of a Qualified Domestic Relations Order (a QDRO) which is a court order directing the plan administrator to break up the participant’s 401k into a portion for the “participant” and a portion for the “alternate payee”. The parties can also waive the pension rights of the other in a Property Settlement Agreement (the “Agreement”).

In one case decided in March of this year, the parties waived rights to the pensions of the other in their Agreement. The husband had previously (before the divorce) named his wife as his beneficiary of the 401k. After the divorce a QDRO was never completed, the husband did not change his beneficiary and he died. Due to a prior decision decided by the US Supreme Court in 2009, the wife received the total 401k plan because she was the named beneficiary even though she had waived it.

But the recent case was brought before the Third Circuit Court of Appeals and it was decided that although the surviving wife was entitled to the proceeds because she was the named beneficiary on the plan documents, the estate of the deceased participant could sue her under the contract (the Property Settlement Agreement) for the benefits she wrongfully received due to her waiver of those benefits.

This case reminds us all to follow through after a divorce. First, all assets should be reviewed to make certain that your ex-spouse is not your named beneficiary; and, secondly, you must make sure that all QDROs are completed as soon as possible after you are in court.

I would not want to be the attorney for the participant who died. The attorney’s fees to file such an appeal through the Federal Courts must have been very high and my guess is that a malpractice case will be brought by the estate of the husband against his attorney.

QDRO Results Testimonial

2012-08-29T09:30:00.000-04:00

Testimonial

We were hired by the former wife to draft a QDRO and transfer 100% of the ex-husband’s 401(k) to her. These parties had been in the process of getting this done through their original attorneys for about a year with no success.

We were able to get the QDRO done, and the 401(k) into the wife’s name very quickly.

When all was said and done, she said,

“Kristy, this is all set, thanks to you. Cannot thank you enough. The process was started last August.”

Anonymous in Portsmouth, RI

Be Careful Representing Yourself in Family Court Matters

2012-08-01T09:30:00.000-04:00

I spoke with a mother yesterday, who lives with her daughter in California. The father (ex husband) filed an action in Family Court to compel visitation with the 6 year old child. Mom could not afford an attorney, but she wondered what she could plan on happening that day in court. She wondered whether she needed to bring her daughter and whether the matter would be completed that day given that she has to fly in from California to contest it.

I will not go into the detailed answers to all of her questions here, but wanted to point out that it is ALWAYS BEST to consult an attorney for such a matter, because if she filed papers on her own, she could have missed the opportunity to file a motion to dismiss the action, because it probably should be heard in California!

Jurisdiction in child custody matters can be tricky for attorney, nevermind a lay person. Some attorneys will not take the time to warn a person about such things when they hear "I cannot afford an attorney," but we will, to the extent we can.

If you have Rhode Island Family Court questions, and aren't sure where to turn, call me!

“2013 Veteran COLA Passes House”

2012-07-20T09:30:00.000-04:00

Week of July 16, 2012

The House of Representatives passed the Veterans' Compensation Cost-of-Living Adjustment Act of 2012 (H.R. 4114).

Although this is seen by many as a formality, passing the COLA is often pushed to the end of the year. According to House Committee on Veterans' Affairs press release, taking care of this now ensures that Vets will be given the benefits they were promised without any last minute "political tug-of-war." If signed into law, H.R. 4114 would increase the annual cost-of-living rate for veterans, which goes into effect on December 1, 2012. It is estimated that this year's COLA will be approximately 1.9 percent. The legislation now heads to the Senate for consideration.

For complete guides to all veterans benefits, visit the Military.com Benefits Center.

RI Mediation Client Testimonial

2012-02-03T09:30:00.000-05:00

Rhode Island Mediation Client Testimonial

“As the year comes to an end, I can not let another day go by without properly thanking you. The work you did with my husband and I during mediation was creative, resourceful and simply clever. You both were attentive to our present and future needs- emotionally, financially and legally. There were many occasions throughout the time you spent with us where I thought there was no possible way to come to a middle ground. Luckily, with your guidance and perseverance you made the impossible, possible.

Thank you … from the bottom of my heart for your determination and consideration while working with us. My gratitude is endless.”

Don't Forget the Tax Refund!

2012-01-13T09:30:00.000-05:00

As family law attorneys, we often think of income taxes as a means to review income and available assets as we go through the case. It is only at this time of year where, for most (if not all) of our clients, we also need to think about the potential income tax return and refund.

It is important to note that if you are in a contested divorce situation, then your attorney should at least consider asking the court for a restraining order with regard to spending the 2011 refund. Specific options include restraining the parties from cashing the refund until further order of the court, or perhaps more commonly, asking the court to order that the funds be deposited into an "escrow account" so that those funds are not spent without an agreement of the parties or by further court order. A restraining order can also be useful in child support cases that have not been running through the Child Support System. (Those child support cases which are running through the system should be intercepted if someone owes money to the custodial parent automatically.)

Parties can be tempted to file together without speaking to their attorney because the case is in the early stages, there aren't any issues yet, or the promise of "quick cash" is alluring. However, doing so could be a mistake for tax reasons, as well as the fact that the funds could be easily deposited into a joint account, and then removed by one party. It is much easier to "hold" the funds, than it is to "chase" the funds.

If you have questions about your income tax refund and you are in the process of a divorce, contact your attorney and ask the question. If you are thinking about a divorce and are not sure what to do, call us at 401-841-5700 or go to www.CounselFirst.com.

***WE DO NOT GIVE TAX ADVICE, BUT WE CAN POINT OUT POTENTIAL PITFULLS AND NOTIFY YOU OF THE ISSUES SO YOU CAN ASK YOUR TAX EXPERT THE CORRECT QUESTIONS.***

Affordable Medical Membership Plan

2012-01-11T09:30:00.000-05:00

I received this article as part of a monthly newsletter this week, and I thought it could be useful to our clients and friends. The contact person is Robin at Robin G Smith Consulting. Call her at 888-363-3914 or go to her website at is www.robingsmith.com for more information, or call us!

As 2012 begins, many people will find themselves with new health benefits and higher deductibles, or, increasingly, with no health insurance at all, particularly in the 50—64 year old age category. Additionally, the latest focus of healthcare reform has become prevention, or wellness, vs “sickness” care. Companies are struggling to find solutions to health cost inflation, and new paradigms are emerging that feature “worksite” clinics, and direct, affordable pre-paid primary care (another story here). I offer one such program, Medical Membership Plans (MMP).

A MMP is a prepaid primary care plan for companies and individuals ($84/month individual, $99/family), where care is delivered by a national network of urgent care centers. There are no co-pays, no deductibles, no pre-existing conditions, and care generally includes all services that can be delivered at the urgent care center (x-rays, injections, labs, etc.) This plan is open to all, and is a membership plan, not health insurance. Many clinics are available, al?though, geographically, some areas are better covered than others— e.g. Worcester and Boston area, MA, great, Cape Cod, not so good. RI has many clinics available, and CT has good coverage in the urban areas. Call me (Robin) for more information, or a list of participating providers in your area. The MMP model may help drive down health costs.

Unemployment Benefits Until March

2012-01-06T09:30:00.000-05:00

The Temporary Payroll Tax Cut Continuation Act of 2011 was passed this month by Congress, and the Emergency federal benefits for the unemployed, which were scheduled to expire on December 31, were extended for two months.

The legislation will need to be revisited by March, but for those of you who received a notice and expected your benefits to end as of January 1, 2012, you now have a bit of a chance to re-group in the event the checks will stop coming as of March 1, 2012.

What if my spouse does not want to mediate?

2011-12-21T09:30:00.000-05:00

A common mediation Question: “My spouse does not want to mediate. He or she says that we already have agreed upon the terms of the divorce property settlement. He wants to hire an attorney for a flat-fee price. I want to mediate. What are my options?

Your spouse may not want to mediate because your spouse may see it as unnecessary. The agreement is “done” in your spouse’s mind. If the offer is “fair and equitable”, your spouse could be correct. The “fly in the ointment” is that your spouse may be viewing things through his (or her) own prism or may not have considered all issues. In the final analysis, the offer may not be “fair” to you (or to an attorney you have consulted). In that case, you could still negotiate the terms of the property settlement with the help of your attorney and still do it inexpensively provided that your spouse and attorney are flexible enough to accept a counter-offer or that the “back-and forth” negotiations do not require too many attorney contacts.

“Flat fee” quotations for divorce representation can be problematical because a case can easily move from a $2,000 “nominal” (uncontested) case to a $6,000 to $10,000 case (each) or more. I take it that the flat fee price assumes that you will agree upon the terms of the agreement quickly. When I wear my attorney hat, I do not give flat fee quotations unless and until both parties are represented by counsel and have reached an agreement; or, unless I have prepared an agreement on behalf of one person and the other has accepted it, with or without counsel. The fact is that many clients come in thinking that they have a “done deal” but once all issues are surfaced, they do not. While one person can decide not to engage an attorney, I never advise it. One attorney can never represent two persons with opposing interests, even if they are in agreement.

Mediation tries to assist the divorcing couple to reality-test the offers and counter-offers and to make certain that they understand all issues. We have a high rate of success in guiding couples through the process so that they reach a “Memorandum of Understanding”. That memorandum is then taken to an attorney to draft a Property Settlement Agreement (the contract) and to file all other papers to complete the divorce. Even in that case, we recommend that the non-filing person hire an attorney for at least the limited purpose of reviewing the contract prepared by the Plaintiff’s attorney.

So, my first recommendation is to mediate. It is like an insurance policy because it gives both of you some assurance that you will not end up in a contested divorce. The second option is that you hire your own attorney to review any and all offers from your husband and to negotiate in good faith. There is nothing in this second scenario that prohibits you and your attorney from reaching an Agreement at a reasonable price.

I would not recommend that you proceed without an attorney under any circumstances.

I can mediate for both of you as was originally intended. In that case his attorney can still represent your spouse during the mediation and post-mediation. It might be worth one session of 1.5 hours to discuss where both of you are in the process.

I can also represent you individually and negotiate with your husband’s attorney.

Military Member, Family and Veterans Benefits

2011-11-10T10:49:00.001-05:00

I recently attended a Continuing Education Seminar with regard to Veterans Benefits.

We covered benefits available to the military member, their spouse and/or children if they die while enlisted, disabled military members, and other benefits for retired Veterans.

It continues to amaze me that there are benefits available that the military members and their families may or may not be aware of.

Top Five Things I Took Away From the Program

1. A military member must complete a DD Form 93, together with their estate planning documents, in order to determine who will get the $100,000 death benefit if the member is killed on duty; who will get their remains, who will get the flag at the funeral, and even letting the military know who should be told first in the event you are killed. The military will follow the Form, regardless of the terms of the Member's Will.

2. Disabled Veterans claims can take several months, or even years to complete. If appealed with the help of an attorney or Veterans' Group, there is a high success rate to overturn the original decisions.

3. The Veteran can get disability benefits for drug and/or alcohol abuse of they can prove that such abuse is directly caused from another diagnosis as a result of a service connected disability.

4. There are new diagnoses added to the list that a Veteran can collect for, where payments can be made retroactively from the original claim.

5. If you know Veteran or a Military Member (or their family) that have questions, please do not hesitate to contact our office or direct them to their nearest Veteran Administration Office.

Providing Advice to other Attorneys in Family Law

2011-11-07T09:20:00.002-05:00

I have signed up for the Rhode Island Bar Association’s Online Attorney Resources (OAR) as a Volunteer in the area of Domestic/Family Law. I expect to be most helpful for military family law questions, and division of retirement plans.

This service is exclusively for Bar members and available through the Members Only section of the Bar's web site at www.ribar.com, to help Bar members provide and receive timely and direct assistance with practice-related questions.

OAR provides Bar members with the names, contact information and Bar admission date of volunteer attorneys willing to answer questions concerning particular practice areas based on the volunteer's professional knowledge and experience. As the Rhode Island Bar Association does not and cannot certify attorney expertise in a given practice area, the Bar does not verify any information or advice provided by OAR volunteers. Questions channeled through OAR volunteers may range from inquiries concerning specific court procedures and expectations to current and future opportunities within practice areas. However, OAR is NOT a forum for Bar members to engage other Bar members as unofficial co-counsel in an on-going case.

As everyone's time is a limited and precious commodity, all Bar members who contact volunteers must formulate their questions concisely prior to contact and ensure the initial contact takes no longer than 3 to 5 minutes unless mutually-agreed upon by both parties.

OAR offers two options:

1) Bar members willing to volunteer as information resources.

2) Bar members with questions about a particular area of the law.

OAR practice areas include: Domestic/Family Law Practice; Civil Practice in Rhode Island District Court - Collections Law & Evictions; Civil Practice in Rhode Island Superior Court - Plaintiff's Personal Injury Practice; Criminal Law Practice; Commercial Real Estate Transactions; Organizing a Rhode Island Business; Probate and Estate Planning; Residential Real Estate Closings; Workers' Compensation Practice; Creditors' and Debtors' Rights: Federal Court Practice; and Administrative Law.

Barrington RI Real Estate Closing by Divorce Agreement

2011-09-28T05:41:00.005-04:00

In a recent Barrington RI divorce and real estate matter, we represented our client as the seller’s agent at a real estate closing on the marital home, several months after the Final Judgment had entered. Our client had since moved out of state, and needed to appoint a Power of Attorney to attend the closing on his behalf. We also reviewed the closing settlement statement with regard to disbursement of the final proceeds. We were able to point out that overdue motor vehicle taxes should have been allocated to the ex-Wife’s portion, and that our client should not be responsible for those. This resulted in a savings of more than $800.00 to our client.

Kristy J. Garside, Esq.
Associate Attorney

If you are filing for divorce in Rhode Island, or need help with a real estate closing or transaction, contact The Law Offices of Jeremy W. Howe at (401) 841-5700.