It may be hard for you as a Rhode Island divorce client to understand why your divorce lawyer can't tell you with certainty whether you'll get the house in your divorce or not. Divorce clients, for the most part, tend to think of things as either black or white, right or wrong, yes or no. As a former client, Pro Se person representing myself, and even today as a divorce lawyer I can understand and appreciate that you may believe this, or you may have this expectation.
In truth, as your divorce lawyer I would have no different hope or expectation, namely that the answer to your divorce question can be answered with an exact answer, without any if's, ands, or buts. Why? Well, because ultimately we all like certainty. We don't like uncertainty. We certainly don't like the "unknown" when it comes to our children, our assets, our debts and ultimately our lives in a proceeding as important as a divorce.
However, the fact remains that most legal questions in a divorce do not have a definite answer. This is precisely the reason why their are divorce battles. Do you want one? Probably not! Do I want one? Well, if I were your lawyer and you didn't want one, then I certainly don't want one because it's my job not only to look out for your best interests but to follow your direction and what you want, as long as it is not illegal, or violates the lawyer's Professional Code of Conduct.
Yet lawyers exist for many reasons. One of which includes the fact that the law is constantly changing, that concepts in the law may sometimes conflict with one another, and that arguments can be made based upon advocating for a change in the laws, or based upon a different interpretation or application of the law because no two cases have the same identical factual circumstances. Every case is unique and even one small factor can make a huge difference in the application of the law to the case before the court. Lawyers find and make these arguments for you.
So, what do we have now? What have we learned?
You know that
1) laws are always changing;
2) laws can be interpreted differently;
3) some principles of law clash with each other;
4) no two cases are factually identical; and
5) arguments can be made for changes in the law.
So let's look at the question posed by the title of this Rhode Island divorce article.
Why can't my divorce lawyer just tell me if I get to keep my house in my divorce or not?
Assume for the sake of argument that I am your divorce lawyer. I could use all my experience, all my knowledge of Rhode Island cases and statutes, familiarity with the judge your case has been assigned to and the information I have about your situation and still I could only give you my very best legal opinion as to whether or not your might get to keep your house in your divorce.
We've already answered why in the paragraphs above.
If as your lawyer I can make varying arguments for you based upon existing laws, and make different arguments for you by advocating for changes in the law, and make even further arguments using clashing principles of law, or using different interpretations of the law, and I can even argue for you to get the house by addressing whether or not the facts in your case are the same or different from the cases used to establish whatever the law might say in such a situation, then can't your spouse's attorney do the same thing? Absolutely!
This means you have two opposing sides with a wide ability to argue for either of your positions for the house. Since a lawyer is an advocate and not the judge then the lawyer doesn't make the decision. Therefore, unless I or the other attorney have a crystal ball that tells the future and gets it right every time, neither one of us can give a definite answer because we don't get to make the decision. It's that simple.
In a Rhode Island divorce many lawyers are often asked questions that people want exact answers too. It wouldn't be fair to you, or to any client, if I told you that the answer is "A" and then have the judge decide that the answer is "B" because he or she didn't agree with my arguments on your behalf no matter how convincing they may be.
Whether you are concerned about your house or riding lawnmower, it's helpful to remember that most of the time your lawyer is unable to give you a definite answer to your question because in the end either you and your spouse who decide by reaching a settlement agreement, or it's the judge who decides after a trial.
Authored By:
Christopher A. Pearsall, Attorney-at-Law
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