Rhode Island Divorce Lawyers | Affordable RI Divorce Lawyer Christopher A. Pearsall

Rhode Island Divorce Coaching - Lower Stress for Attorneys, Lower Costs for Those Who Need Professional Help!

Divorce Coaching is quickly becoming the hot topic in several western states.  It has yet to hit Rhode Island lawyers or Rhode Island legal counselors with its full force yet, but this Rhode Island divorce lawyer has taken it to heart and is making major shift from the courtroom to the conference room both for himself and for many people who may have to "go it alone" in the Rhode Island Family Court System.

With a little research into law, particularly divorce law, you would quickly find that divorce lawyers are one of the highest stressed professions in America.  Now if you don't care about stress, premature grey, and increased risk of heart attack and other maladies then the profession might be the best place for you.

However, for caring individuals who hear the trials and tribulations of people who are at each other's throats every day with heart-wrenching stories that may be angering or heartbreaking, it may not be the best long-term life-fulfilling profession to be in.  Some people just need help in the courtroom "fighting the good fight" for themselves so to speak.

Many Rhode Islanders and others that will appear before the Rhode Island Family Courts either for a divorce or other family law process are in need of positive, economical legal help.  This is where Rhode Island Divorce Coaching by an experienced Rhode Island divorce lawyer comes in handy

If you've been lawyer shopping for a lawyer who will just do a little bit on your case, you will quickly find that most Rhode Island lawyers will not take peicemeal work on a divorce or family law case. 

What does that mean?

If you approach an experienced Rhode Island divorce attorney, and you ask him (or her) to just draft an Ex Parte Motion for Relief, Supporting Affidavit and Proposed Order and do nothing else on your case, the attorney is unlikely to do so.

Why wouldn't experienced Rhode Island Divorce Attorneys do that?

For the most part, an experienced Rhode Island divorce attorney will not offer to undertake you as a client for such a limited purpose because the attorney is exposed to liability for the document(s) drafted and the advice given yet his or her compensation may be very limited for such a specific task.

Liability comes with every word an attorney utters and every document attorneys draft.  If a divorce attorney undertakes a case from beginning to end, then the attorney can limit his or her own exposure by following his or her own distinct thought process as to how a matter should be handled and direct the matter in such a way that the drafting of an Ex Parte Motion for Relief, Supporting Affidavit and Proposed Order make complete sense under the circumstances for beginning to end. 

Therefore, the Rhode Island divorce attorney has a reasonable amount of control over his or her liability because of his or her professional thought process and his or her consistent method of presentation throughout the entire matter.

However, it would be relatively easy for an attorney to draft documents requested by a "piecemeal client" and as a result of the client's poor or inappropriate use, misuse, or misunderstood use of the documents drafted by the Rhode Island divorce attorney, that the "piecemeal client" might make a claim against the attorney for legal malpractice.

Piecemeal projects therefore generally are beneficial to "piecemeal clients" but provide less income for the experienced practitioner and also create a larger chance of a malpractice claim by having a larger number of clients with "piecemeal projects" who have the opportunity to misunderstand the attorney and potentially make a claim against the attorney for malpractice.  Therefore, piecemeal projects may work out great for the client, but they offer less income and more legal exposure for the lawyer when he or she could take on cases where he or she represents clients from the beginning of the proceeding to its conclusion and have a singular client with limited opportunity for liability claims.

As an experienced Rhode Island divorce practitioner, I opt to provided these "piecemeal services" to various clients after consultation if they meet criteria that I have determined by the end of a consultation.  In this way, clients get valuable legal services at less cost and receive only those services that they need at any given time.  I am also able to reasonably mitigate or determine the potential for liability exposure by careful analysis while speaking with the client during an affordable low-cost consultation.

Now enter the world of Rhode Island Divorce Coaching!  It is a new and vastly different manner of practicing that many lawyers are not likely to undertake for the very same reasons as I described when a client may come to the experienced Rhode Island Divorce Attorney to have him or her draft only specific documents in the course of any divorce or family law proceeding.

It may be a challenge for first-time "Divorce Coaching Clients" to grasp the concept of Divorce Coaching.  It is best described as hiring an experienced Rhode Island Divorce lawyer to be your mentor through piecemeal segments of your Rhode Island divorce or family law proceeding, except that it is done in sessions (much like a mental health counselor might use) and the client is the actual drafter of the documents.  In this case, the Rhode Island Divorce Coach is very much like an after school tutor, who is present to help you through aspects that you have tried to understand in the Rhode Island divorce or family law process but may require fine tuning or re-drafting if something wasn't understood.

An example will best illustrate how I as a Rhode Island Divorce Coach I am prepared to help my clients in a conference room rather than in the courtroom.

EXAMPLE

Michael has just been served with divorce papers by his wife but he cannot afford an attorney to represent him from beginning to end and he doesn't even have enough money to have me draft the documents for him.  Why?   Michael has been out of work for some time.  However, Michael knows he wants to answer the divorce complaint and make a counterclaim but he doesn't know how to go about it. 

Michael checks the domestic relations laws for Rhode Island, tries to find the family court procedural rules at his local library and then attempts to draft an answer to his wife's divorce and a counterclaim for divorce as well.  In his own research, Michael reads that if he doesn't ask for something in his counterclaim then he may lose his right to ask for it in the future so he is concerned.  He is not sure how detailed he needs to be.

Michael wants to schedule up an initial divorce coaching consultation with me.  He tells me that he needs help answering the divorce papers he was served with.  Michael also explains that he has already attempted to draft the document himself but he would like to have a professional take a look at it and tell him if he has done a reasonable job or if it needs to be done differently.

I agree to schedule Michael's divorce coaching consultation session. Michael shows up on time and brings with him all the documents he was served with by the Rhode Island Constable as well as the document he drafted to file with the Rhode Island Family Court.

During the divorce coaching session, I review the documents Michael was served with and his answer and counterclaim.  Michael has the right idea but has done some things which may injure the case he wants to present.  I suggest to Michael how he could re-draft his answer and how to prepare a counterclaim that better reflects the objectives he is trying to reach using some of the information he already has.  Michael takes detailed notes, thanks me profusely and leaves to prepare revised documents.

So what is the difference between an attorney who is willing to draft "piecemeal documents" and the attorney who is willing to provide divorce coaching ?

An attorney who agrees to prepare documents on a piecemeal basis actually drafts the documents.  In a divorce coaching scenario, the Rhode Island divorce coach helps a person who has already endeavored to help himself or herself.   The divorce coach gives the coached person more direction as to what he or she is doing and ways in which the coached person may want to proceed or to re-draft the document(s).  However the divorce coach does not draft any document(s).  The person who has the case before the family court and who is being coached is the one who actually prepares the documents.

The divorce coach is much like a paid experienced tutor helping a person with afterschool work.  The paid tutor provides his or her experience to the person who has tried or is trying to do the initial work but may need a little extra help to get the right answer to the problem. 

Ultimately, the coached person pays less money but receives direction from the divorce coach through his or her expertise.  It is then up to the coached person to proceed.  The coached person may chose to use or not use the information provided by the coach and is free to forget, or even discard the information he or she has received from the divorce coach.  The manner of proceeding and its content are entirely in the hands of the divorce coaching client, not the coach.

Rhode Island divorce coaching is a new and innovative approach to legal services in Rhode Island.  It provides a service for those who do not have the funds to engage an attorney yet need a little bit of legal help to get through things they don't have a complete grasp on.  It costs less for the client because the divorce coach does not have to go to court and does not have to draft the documents, and the client receives only as much coaching as he or she either wants or can afford.

A person who does nothing to help himself or herself before seeking out the help of a divorce coach is, generally speaking, not a good candidate for divorce coaching.

If you've heard the saying, "The Lord helps those who help themselves.", you may better understand the concept.  The same is true for divorce coaching.  You need to help yourself first.   Don't expect to go to a divorce coach without having tried things yourself.  Remember, as a Rhode Island Divorce Coach I am here to save you money and help you move ahead from the efforts you have already tried to make on your own, . . . a divorce coach does not do everything for you and is not a substitute either for engaging an attorney to represent you from beginning to end in your divorce, nor is it a substitute for an experienced divorce lawyer who will prepare documents for you on a piecemeal basis!  If you want that, you're looking to hire a Rhode Island divorce attorney for your entire divorce or to engage a divorce lawyer to draft specific documents in your family law proceeding.  This is much different from divorce coaching.

Divorce coaching may also involve approaches, strategies, procedures and other ideas for your divorce or family law proceeding that the Rhode Island Divorce Coach shares with you when and where appropriate.

It's time to bring new innovations to Rhode Island.  Welcome to Rhode Island Divorce Coaching!

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce* Lawyer & Family Law* Attorney

Now

Rhode Island's Premiere Legal Divorce Coach / Low-Cost Divorce Coaching!!

Copyright 2009.  Christopher A. Pearsall, Esquire
A New Rhode Island Divorce Lawyer for a New Millenium!

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law. Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | Chris Pearsall | Legal Scholar | Pearsall Law Associates | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers

Rhode Island Divorce Clients - Lawyers May Tell You Divorce Scenarios You Want to Hear!

As a Rhode Island Lawyer focusing my practice exclusively in the area of Rhode Island Divorce and Family Law, I have learned that when people come in for a consultation they want to tell me their story and they want to be told exactly what they want to hear. 

Yes, despite the fact that every divorce lawyer may not portray a realistic scenario to the potential client, clients need to realize that a lawyer may tell them exactly what they want to hear.

If you skimmed that last paragraph which was only one sentence long and you have already forgotten it, then . . . my dear reader . . .WAKE UP!

I'll repeat it because it is so crucial and I'll even be more blunt.  Some lawyers . . . to get your business . . . will tell you exactly what you want to hear!  They may give you results that are not realistic not just for your divorce case but for ANY divorce case.

Lawyers are businesspeople and they get hit by economic times too.  Without clients they don't have income.  Without income, many of them can't afford that cushy little porshe or mercedes they drive.  Without income,  they may have to consider making a late payment on their house or their summer home.  Without clients, the lifestyle a lawyer may have developed for him or herself doesn't last long.  So the lawyer needs to bring in clients. 

That may be you!  Wouldn't it be nice to go into a divorce lawyer and give him or her a quick snapshot of your life with your spouse and kids and then he or she tells you how everything is going to be fine, that they've dealt with this scenario a million times before and that if you hire them, then they will deal with all that anxiety for you and it will be over before you know it.  Imagine a lawyer telling you that all this stress you are feeling right now is needless because the lawyer is going to get you a great divorce settlement and that you should let him or her deal with it and your troubles will be over.

Now, here you are all comfortable and feeling that this lawyer is going to take care of all your divorce troubles when he tells you the cost.  If you are especially stressed out, are you likely to agree to provide him or her with a $3,500 retainer at an hourly rate of $250 per hour?  Most people will find a way to do so because the lawyer is offering a solution to divorce stress and anxiety in your personal life.  What is more painful to you?  The stress and anxiety at home or parting with a few thousand dollars.  In many instances the stress outweighs the money. 

Some, but not all lawyers will do this.  Let me give you an example that came up recently but I'll change the players and the issue itself to protect the privacy of the individual involved.

Clyde met with me for a consultation.  Clyde wanted to divorce his wife Cassie.  Clyde and Cassie had a fight and Cassie told Clyde that he could go ahead and divorce her because she'd be set for life.  Clyde didn't know what Cassie was talking about so he asked her.  "Well", Cassie snapped, "I've already been to a lawyer and he already explained to me that you're going to have to pay me alimony and I'll be doing just great and you'll be broke."  Clyde looked at her in disbelief. 

"Really?" Clyde stated in disbelief.  "Yes.", Cassie answered.  The lawyer told me that you'll have to pay me alimony "indefinitely".  Clyde answered, "I don't think that's true Cassie.  You may want to check with another lawyer."

Cassie got angrier.  "I don't need you telling me what to do.  I've already seen a lawyer and I know what is going on and my lawyer said you're going to be paying me alimony FOREVER!"

"I don't think that's how it works Cassie. So you may want to check with another Rhode Island divorce lawyer."  Clyde was urging her now.

"Nope.  I like this guy and he's told me exactly how it's going to go for you and I like that just fine.  So go ahead and serve me with the papers because I don't like the way you're handling the money as it is."

In this situation it isn't hard to see what has happened.  Cassie went to a lawyer for what was probably a free consultation and she told the lawyer what was probably only her side of the story.  The economy is hurting and the attorney figured out what Cassie wanted to hear in order to hire him as her attorney.  So the attorney painted Cassie a very rosy picture and told her exactly what she wanted to hear in order to get her as his divorce client.

Only too often this is the rule rather than the exception.

It is best to remember the old adage.  If something sounds too good to be true. . . it probably is!  The easiest way to get a divorce client is to tell him or her what they want to hear instead of being honest about the process and what may or may not occur.

If a lawyer is pressing you to engage him or her as your divorce lawyer, usually this is a warning sign.  If you don't hear a few things that put you on edge during a consultation because they cause you to worry a little, this is another warning sign.  If you hear everything you want to hear AND you are pressured into retaining the lawyer's services quickly this is a warning sign as well.

On rare occasions when there is an uncontested divorce or when the parties have good respect and communication with each other, then it is reasonable to hear everything you want to hear from the lawyer.  Otherwise, if the lawyer doesn't raise some possible issues that give you cause for concern, then you should consider whether the lawyer is just telling you what you want to hear just to get your business, especially if the lawyer stands to gain a substantial hourly rate off the arrangement.

In the end, be careful.  If you hear exactly what you want to hear when there could be issues of alimony, child support, visitation, placement, retirement plans and real estate division, then you should shop around by selecting lawyers who are known to routinely practice divorce law before the Rhode Island Family Courts.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce* Lawyer & Family Law* Attorney

Now

Rhode Island's Premiere Legal Divorce Coach !!

Copyright 2009.  Christopher A. Pearsall, Esquire
A New Rhode Island Divorce Lawyer for a New Millenium!

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law. Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | Chris Pearsall | Legal Scholar | Pearsall Law Associates | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers

RI Divorce Attorney Christopher Pearsall - Judge Laureen D'Ambra Article Removed!

On or about December 4, 2008, I received a letter from the General Counsel of the Rhode Island Supreme Court the letter reads as follows:

December 2, 2008

Via First Class Mail
Mr. Christopher Pearall
Attorney at Law
70 Dogwood Drive
Suite 304
West Warwick, RI  02893

Dear Attorney Pearsall:

        It has come to the attention of this Office that a potential violation of Rule 8.2(a) of the Supreme Court Rules of Professional Conduct may have occurred due to your posting of various disparaging, misleading, and false statements regarding a member of the Rhode Island Judiciary on your website:  http://www.attorneypearsall.com/2008/09/judgelaureendam.html as well as on http://www.links4women.com/articles/chris.htm .  Specifically, these entries appear to describe an incident that occurred in 2007 relating to your conduct as counsel before Associate Justice Laureen D'Ambra and they contain unfounded allegations of incompetence and impropriety against Justice D'Ambra as well as another judicial employee.

Rule 8.2(a) of the Rules of Professional Conduct provides that

A lawyer shall not make a statement that a lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.

        While I fully recognize that members of the public are free to express their disagreement with decisions made by the Court, attorneys also have a competing obligation to comply with the Rules of Professional Conduct.  Your recourse for any perceived unfair or inappropriate treatment by a judges is through an appeal on the merits, or by filing a complaint with the Commission on Judicial Tenure and Discipline.

        Accordingly, we would ask that you refrain from posting these statements and/or revise the content in accordance with Rule 8.2(a).  Should the comments remain on your website after December 31, 2008 this office may pursue an appropriate remedy through disciplinary counsel.

Sincerely,


Erika Leigh Kruse
General Counsel



        The following is my response to the General Counsel for the Rhode Island Supreme Court.

December 28, 2008

Erika Leigh Kruse, Esquire
General Counsel
Rhode Island Supreme Court
Frank Licht Judicial Complex
Providence, RI  02903

Dear Attorney Kruse:

         Regarding your December 2nd letter, I do not own or control the content at Links4Women.com, therefore I can do nothing about the content that appears there.

        I have had no intention of violating Rule 8.2(a) of the Professional Rules of Ethical Conduct, however I do believe I have the right to express myself within the bounds of the Professional Rules of Ethical Conduct. 

I will re-read the article at AttorneyPearsall.com and any other articles over which I may still have editorial control in light of my 1 ½ year investigation.

        However, it would be very helpful if you (or the unknown complainant) would identify the statements believed to be in violation of Rule 8.2(a).  This will allow me to address any issues quickly and with clarity.

    Thank you for your consideration in this matter.

Respectfully,




Christopher A. Pearsall
CAP/cp


Notwithstanding my response to General Counsel for the Rhode Island Supreme Court, I have become painfully aware of how things work in Rhode Island.

Therefore, after substantial consideration I have removed this article and any similar articles on my websites in favor of preserving my livelihood. 

My thanks go out to the unwavering support of my friends and family through this continuing ordeal.

Article Authored By:

  Christopher A. Pearsall, Esquire
Attorney-at-Law
70 Dogwood Drive, Suite 304
West Warwick, RI 02893

Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce & Family Law* Attorney

Copyright 2008.  Christopher A. Pearsall,
A New Rhode Island Divorce Lawyer for a New Millenium

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

Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | Chris Pearsall
| Legal Scholar | Pearsall Law Associates | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers |

Alimony Language - Rhode Islander's Take Care! Part 2

This Rhode Island divorce tip article is a follow-up to my first tip article which may be found at http://www.rhode-island-divorce-lawyer.com/2008/11/alimony-language-rhode-islanders-take-care-part-1.html

This first tip article is helpful, if not essential, to helping you understand rehabilitative alimony in Rhode Island.  Therefore I recommend that you read my first alimony tip article if you do not already know how Rhode Island law treats alimony in general.

Lanuguage is crucial in both Rhode Island Settlement Agreements and especially in the Rhode Island divorce proceedings when it comes to alimony awards and alimony waivers.

Whether you are representing yourself or you have a Rhode Island lawyer to represent you in your divorce proceeding, it is best to be vigilant when it comes to the language used by you, your lawyer and even the judge.  In this divorce tip article the crucial word you should focus on is "non-modifiable."

Leaving out the word "non-modifiable" in your Marital Settlement Agreement or failing to clarify to the judge a request for the court's order to include the word "non-modifiable" could lead to hazardous consequences.

Consider this Rhode Island Divorce example about Mr. and Mrs. Lawyers:

Mr. Lawyers has agreed to pay Mrs. Lawyers alimony of $400 per week for a period of three (3) years in their Marital Settlement Agreement and he has testified to that on the record of the court.  Mrs. Lawyers agrees that Mr. Lawyers' testimony is accurate and that $400 per week for three (3) year is precisely what they agreed to in their Marital Settlement Agreement.

Mrs. Lawyers testifies that she wants to waive alimony after that three (3) years has been paid, that she knows that this waiver would be permanent, and that she believes she will be able to sustain herself at the end of the three year period and therefore she would like the court to grant her permanent waiver.

At the end of the hearing, the Court orders the following:

Mrs. Lawyers is awarded weekly alimony of $400 per week for a period of three (3) years from Mr. Lawyers and that upon completion of the three (3) years Mrs. Lawyers' request for waiver of alimony is granted and she waives alimony permanently.

Do you notice that the word "non-modifiable" does not appear anywhere in the excerpt of the testimony above?  Do you notice that Mrs. Lawyers confirmed that it is "precisely what they agreed to" in their Marital Settlement Agreement? 

Let's assume this is correct and that the Marital Settlement Agreement doesn't contain any reference to alimony being "non-modifiable". 

Now, imagine that Mr. Lawyers secures a job that pays considerably more than his last job, that he becomes a partner in a very profitable business, that he creates a very successful invention, that Mrs. Lawyers gets into a tragic accident in the first year after their divorce which leaves her with brain damage which prevents her from proceeding with her attempts to rehabilitate herself and become self sustaining.

Choose any one of these events or any other event that you might think of that drastically affects the earnings or abilities of Mr. and Mrs. Lawyers within the three (3) years alimony is to be paid.

What is important here is what Mrs. Lawyers DID NOT agree to!

Even though Mrs. Lawyers waived alimony permanently after the three (3) years of payments, she DID NOT agree at any time that the alimony during those three (3) years would be non-modifiable.

If Mrs. Lawyers wanted to, she could retain a Rhode Island lawyer and once again return to court and request that the alimony she is receiving in those first three years be increased based upon either Mr. Lawyers' increase in his ability to pay more alimony and/or her own decrease in her ability to provide for herself over the long term as planned.

Though the agreement provided for $400 per week of alimony for a period of three years, this merely indicates to the court that this is an amount and timeframe that was either agreeable to the parties or ordered by the Rhode Island family court judge at the time of the divorce.  However, without the word "non-modifiable" before the word "alimony" this DOES NOT prevent Mrs. Lawyers from arguing that neither the parties or the court intended that it could not be modified during that three (3) year period if circumstances changed which warranted a modification of the amount of alimony.

What could this mean for Mr. Lawyers?

If either Mr. Lawyers or his Rhode Island attorney did not add that one word "non-modifiable" then Mr. Lawyers could end up paying $600, $900 or even $1,200 per week to Mrs. Lawyers for the remainder of the three (3) year period, if the Rhode Island family court judge found that Mrs. Lawyers had that need for such alimony and Mr. Lawyers was capable of paying that amount of alimony.

What monetary difference could this make to Mr. Lawyers?

Let's say the court found Mr. Lawyers had the ability to pay Mrs. Lawyers Rhode Island alimony in the amount of $900 per week for the last 28 weeks of the three (3) year alimony period that was agreed upon.  Let's also assume that the court held Mrs. Lawyers to the three (3) year period of alimony because she had validly waived alimony permanently after that three (3) year period of time.

Mr. Lawyers had agreed to pay $400 per week.  Mr. Lawyers is now ordered to pay an extra $500 per week for the last twenty-eight (28) weeks.  This now requires Mr. Lawyers to pay Mrs. Lawyers an extra $14,000 that he hadn't planned on.

To Mr. Lawyers and/or Mr. Lawyers' Rhode Island attorney, the omission of that single word . . . "non-modifiable" . . . just cost Mr. Lawyers $14,000. 

The words you use in your agreement and the words used in the order by the court are crucial.  Care should be taken in drafting any alimony provision in a Rhode Island Marital Settlement Agreement.  Care should also be taken to make sure that the word "non-modifiable" is used by the court in its order, if that is what is intended or expected by the parties.

In this example it was worth $14,000 to Mr. Lawyers.  That's one very costly word, don't you think?

Authored By:

Christopher A. Pearsall
Attorney-at-Law
70 Dogwood Drive, Suite 304
West Warwick, RI 02893

Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce* Lawyer & Family Law* Attorney

Copyright 2008. Christopher A. Pearsall
A New Rhode Island Divorce Lawyer for a New Millenium!

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law. Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | Chris Pearsall | Legal Scholar | Pearsall Law Associates | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers

Alimony Language - Rhode Islander's Take Care! Part 1

In a Rhode Island Divorce proceeding alimony must be awarded or denied by the Family Court Justice.

Since alimony under Rhode Island law is rehabilitative in nature, more often then not it is waived by one or both parties during the course for most Rhode Island divorce proceedings.  

Alimony that is rehabilitative is awarded by the court based upon the recipients need for financial support while he or she (1) re-establishes himself or herself in the working world with existing skills, (2) re-trains himself or herself with skills sufficient to sustain himself or herself with more modern skills, (3) is unable to care for himself or herself due to injuries, illnesses, handicaps or other circumstances that reasonably warrant the award of alimony for an extended period of time because one spouse is unable to care for himself or herself.

Alimony may be agreed to by the parties in circumstances when an award of rehabilitative alimony may be considered inevitable by the parties and/or their lawyers.  In other instances, a spouse may agree to pay rehabilitative alimony to the other spouse because their is an ability to make such a payment, even if the court would not normally award it, and one spouse wants to help the other spouse for a reasonable period of time until he or she regains a financial foothold on his or her own.

 
Whether alimony is by an award of the court or by an agreement of the parties, it is important that the language used by the court for any award of alimony is accurate pursuant to the agreement of the parties or as intended by the court.

The typical example is when an award of alimony is made for a specific amount of money for a specific period of time.  In this instance, clarity of language is essential!

Assume that Mr. Lawyers has agreed to pay Mrs. Lawyers alimony of exactly $400 per week for a period of three (3) years.    Now let's assume that the alimony award is phrased as follows in both the Marital Settlement agreement of the parties as well as the Decision of the Court.  Nothing else is mentioned about alimony.

    "Defendant Mrs. Lawyers shall pay Mrs. Lawyers rehabilitative alimony of $400 per week for a period of three years."

Here is where accuracy in the language regarding the rehabilitative alimony provisions is crucial when it comes to clarifying the Marital Settlement Agreement and/or the Decision of the Court.  If this is the ONLY alimony that Mrs. Lawyers is to receive per their Marital Settlement Agreement, then Mrs. Lawyers MUST request to waive alimony permanently on the record of the court and Mr. Lawyers or his attorney must make sure that the decision of the court is clarified to state that Mrs. Lawyers waives alimony permanently after that three year period.  Either Mr. Lawyers or his attorney should do so even if it means clarifying to the judge BEFORE the hearing or trial is concluded that the award of alimony should involve a waiver of alimony permanently with the exception of that three year period.

Why is this so crucial in a Rhode Island divorce proceeding?

Well, in the first instance it is significant to Mr. Lawyers.  If there is no permanent waiver of alimony by Mrs. Lawyers other than that three year period, then Mrs. Lawyers has a viable legal argument that alimony WAS NOT expressly limited to that three year period of payments because she DID NOT waive alimony permanently.  Therefore, if things aren't going well for Mrs. Lawyers at that time and Mr. Lawyers still has the ability to pay continued alimony, then Mrs. Lawyers might decide to return to court for another 1, 3 or more years of alimony.

In the second instance, if Mr. Lawyers has hired a Rhode Island attorney to protect his interests in the divorce, then the attorney may have made a crucial mistake because he or she didn't make sure a permanent waiver of alimony was made by Mrs. Lawyers.  Unless there was a miscommunication or some other circumstance which explains why the Rhode Island attorney didn't insure the permanent waiver of alimony was made, then the Rhode Island attorney may find himself or herself on the receiving end of a legal malpractice claim.

Authored By:

Christopher A. Pearsall
Attorney-at-Law
70 Dogwood Drive, Suite 304
West Warwick, RI 02893

Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce* Lawyer & Family Law* Attorney

Copyright 2008. Christopher A. Pearsall
A New Rhode Island Divorce Lawyer for a New Millenium!

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law. Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | Chris Pearsall | Legal Scholar | Pearsall Law Associates | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers

Pensions - Vested and Unvested from a Rhode Island Divorce Lawyer's Perspective!

Are you in a Rhode Island Divorce?  Will your pension vest before the Final Judgment of Divorce is entered?  What can be distributed by the Rhode Island Divorce Judge?

If either party in a Rhode Island divorce has a pension then there are various issues you will want to consider.  Specifically, the divorce issue we want to address here is that of "vesting." 

You can find out if your pension is vested for the purposes of your Rhode Island divorce by contacting the administrator of your pension fund and simply asking if your pension if your pension is vested or not.  You also may want to asked your pension administrator when your pension will vest (become vested) just in case the date might occur during the course of your Rhode Island Divorce proceeding.

ISSUE

The Rhode Island family court judge only has the power to order the equitable distribution of marital assets, including pensions. 

If you or your spouse has a pension that is not vested, what part of the pension, if any, is subject to the Rhode Island family court's power of equitable distribution?

If you or your spouse has a pension that is vested, what part of the pension, if any, is subject to the Rhode Island family court's power of equitable distribution?

ANSWERS

The only part of a vested or unvested pension that is subject to equitable distribution/division by the Rhode Island Family Court Judge is the "marital portion" of the pension.

The marital portion of any pension is dependent upon various circumstances, including (1) the length of the marriage, (2) the type of pension (civilian or military) and the laws governing it, and (3) whether the pension is vested or not.

While it may be the Rhode Island family court judge's role to determine after trial what the marital portion of the pension may be, it is the job of each spouse and his or her divorce lawyer to present to the court what part of the pension is the marital portion.  Sometimes your divorce lawyer may be able to argue that a larger portion of the pension is actually the "marital portion" if it is to your benefit to do so.  However, if there is disagreement between spouses and/or their divorce lawyers regarding the true manner in which the marital portion should be calculated, proof may be presented at trial.

Proof of the marital portion of the pension that is subject to distribution by the Rhode Island family court may require expert testimony by way of an actuary who substantiates the basis for claim and the amount of it.  Without this information, your Rhode Island divorce judge may not have sufficient information for determining the basis, amount or validity of your claim on that pension.

The issue of whether a pension is vested or not is of substantial benefit to both spouses, the court and an actuarial expert if one is necessary. 

If the pension has not vested at the time of the entry of the Final Judgment of divorce, then the pension payments themselves are not subject to distribution in the future.  Since the pension is not vested then the body (corpus) of the pension is only made up of the contributions made to the pension.  There is no entitlement to the benefits of the pension after it vests simply because a spouse may have an entitlement to a portion of the monetary contributions to the pension.

If the pension is vested prior to the entry of the Rhode Island Family Court's Final Judgment of Divorce, then the benefits of the pension itself provided by the "vesting" of the pension during the marriage are subject to distribution of the Rhode Island family court.

Thus, the family court's distribution power in Rhode island in a divorce proceeding is limited to either (1) the financial contributions made to the pension when it has not vested prior to the entry of Final Judgment of Divorce, or (2) the benefits provided by the pension when it has vested prior to the entry of Final Judgment.

Authored By:

Christopher A. Pearsall
Attorney-at-Law
70 Dogwood Drive, Suite 304
West Warwick, RI 02893

Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce* Lawyer & Family Law* Attorney

Copyright 2008.  Christopher A. Pearsall
A New Rhode Island Divorce Lawyer for a New Millenium!

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Need a Rhode Island Divorce Lawyer? Is a Computer Involved? Who Ya Gonna Call? Attorney Christopher Pearsall

Technology may be accelerating Rhode Islanders into divorce situations rather than simply making family communications and family workloads easier.  As communication gets faster and easier using technology it brings with it just as many problems as it does solutions. 

Today we have access to email, instant messaging, the ability to share photo albums, video chat rooms, internet pornography, online software, music and movie piracy and even live chat via webcams.  All you need is the right computer equipment and minimal knowledge and you can be having a conversation with some across the street, in the next state, or in another country.

Personally, I am an advocate of technology.  I have immersed myself in it for more than two decades.  Yet now I see the technology front changing in the affect it has on my law practice.  '

As a Rhode Island Divorce Lawyer, I continue to see more and more marriages breaking down.  This is not because a spouse has an inability to communicate but because one or both spouses seek out a third party of the opposite sex to express their feelings and/or discuss their troubles over the internet.

When a married woman finds a man on the internet who seemingly empathizes with her situation and validates her feelings via the anonymity and secrecy of the internet, this communication does not lend itself to a therapeutic repair of the marriage.  Rather, this type of communication either by a husband or a wife to a third-party who may be unknown and virtually unverifiable over the internet is more likely to create an initial bond of friendship with the third-party friend. 

Let me say first that there is nothing wrong with this type of friendship as long as it doesn't cross boundaries and provided the husband and wife take measures to communicate and improve their own relationship.  If the spouse speaking with his or her new third-party "internet friend" finds more comfort, empathy, and connection with that "friend", feelings may develop that extend beyond friendship and damage the marital relationship. The spouse with the internet friend then may develop a dependency upon the internet friend for needs he or she would otherwise be getting from their spouse.  If the married couple does not focus their efforts on repairing what may be lacking in their relationship by going to marriage counseling or seeking some common ground to re-establish their marital bond or love relationship then the internet friendship could mean the death of an otherwise potentially savable marriage. 

When a marriage reaches the point where a spouse has connected with one or more persons on the internet who satisfy more needs for than their current spouse, the situation escalates into one of internet infidelity which may also be intertwined with an internet addiction. 

When one or both of the parties reach the point where the marriage is irretrievably broken by an internet addiction or infidelity and divorce is inevitable, that is where I come in. 

My name is Attorney Christopher A. Pearsall and I am proud to be able to advertise and offer my services as Rhode Island's Most Affordable Full-Time Divorce and Family Law Lawyer.  Strangely, however, it isn't my affordability or my full-time focus on divorce and family law that is significant to this article, but rather it is my experience prior to and during my tenure as a family law attorney that now has found its way to the forefront of my law practice.

Several decades ago, before I became an attorney, I began learning how to build and repair computers, network systems, websites, and develop internet programming techniques.  As times shifted and I became a lawyer I learned more about the technology behind formatting hard drives, creating server systems, and understanding the technology behind hard drive construction and drive writing and retrieval techniques.

What the heck does this mean to you, right?

Well, in cases involving a home computer or laptop, proof of internet addiction, proof of internet infidelities and proof of marital misspending or diversion of assets and bank accounts are often contained as close as the home computer.  Usually the spouse who has created the situation may take efforts to erase or remove evidence of their activities from the home computer.

The benefit is that items are never really ever removed from the home computer, they simply lay dormant somewhere on the computer system waiting to be found.  Now, here is the dilemma.  To get a forensic expert involved in a case to simply begin the examination of a computer hard drive typically costs between $3,000 to $5,000 just for the initial scan of the hard drive and the return of the hard drive may not be accomplished.  If after spending $5,000 to $15,000 on a forensic specialist to retrieve  information that may be helpful to you, the attorney must review the information and the forensic specialist must be prepared to testify at trial and must have followed the essential steps to establish the expert's credibility and to be able to legally work with the attorney to verify and validate the information and get it into evidence. The end result.  You can expect to expend an average of $10,000 on an expert hard drive forensic specialist just to find out IF there is information helpful to you.

Imagine having at your disposal a divorce attorney who is fairly adept at creating forensic duplication of hard drives in accordance with law enforcement standards and who can, for a fraction of the cost, determine if there is information that is readily retrievable from the hard drive of the family or work computer that will assist you in your case.

I am happy to reach a level of skill where I may now offer my services as Rhode Island's Most Affordable Full-Time Techno-Divorce Lawyer.  Several cases in the last 3 years have yielded information that has either helped resolve cases in favor of my clients and in other cases has resulted in the settlement of cases for costs that are much less than it would cost for a full forensic analysis by a certified expert specialist in hard drive information recovery.

Do you have a reasonable basis to believe that a computer has any information helpful to your divorce case?  You may want to have an attorney who will save you time and money and get you answers faster than you might otherwise expect.

For those who have divorces relating to internet addictions, internet infidelities, or missing assets or debts that may have been recorded on a home or business computer, you may find that I'm just what the client ordered.

Authored By:

Christopher A. Pearsall
Attorney-at-Law
70 Dogwood Drive, Suite 304
West Warwick, RI 02893

Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce* Lawyer & Family Law* Attorney

Copyright 2008.  Christopher A. Pearsall
A New Rhode Island Divorce Lawyer for a New Millenium!

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Rhode Island Divorce Lawyers explain Pre-marital Aspects of 401Ks!

Question:  Can My 401K Help Me In this Situation?

    For the sake of this question I'll call myself William.  I have a 401k that I began 10 years before I got married.  It had about $75,000 in it before Tammy and I got married.  We've been married for the past 13 years and my 401k is up to about $285,000.  I'm concerned about being able to pay my attorney's fees.  I'm also concerned because I want to keep the house my wife and I live in.  The house has been in our family for generations.  I don't think I can get a loan to buy out my wife's interest in the house because my credit isn't so good.  We have about $140,000 in equity in the house.  What can I do to save my house?  One attorney has told me that Tammy will get 1/2 of my 401k and that I can't touch my 401k monies while the divorce is pending.  This doesn't seem fair.  It looks like I'm going to lose 1/2 of everything I built.  I know Tammy is entitled to part of everything but it seems like I'm being left with no options but to lose the house and 1/2 of my 401k.  Is there anything I can do here?

    - William  (Coventry, RI)

Answer:  In this situation your 401K's Versatility Could be the Key in your Rhode Island Divorce!

    William, I can tell you that you have more options than you may think.  Ultimately, your 401k plan is the key to resolving your difficulties.  A 401k if much more versatile than a pension, annuity, IRA or any other investment vehicle. 

    First, Check with your 401k Plan Administrator.  Ask whether you are allowed to take a loan up to a certain percentage of your vested 401k balance.  Then confirm the amount of your vested balance and the allowable loan that you could take from your vested balance.  Loans on 401k plans are typical and are usually limited to 50% of your vested balance.

    For the sake of example let's assume this is a typical 401k plan and you can take a loan of up to 50% of your vested balance.  Based upon the numbers you have provided, I would be willing to venture a guess that you may be told that the entire $285,000 is vested and that your maximum allowed loan at 50% would be limited to $142,500.  You should also find out how much interest will be charged on whatever loan you take out and the maximum repayment period.  Of course you will be repaying yourself the interest so this is a considerable benefit to you.  Plus, you can check with your accountant to see if any of the 401k interest is potentially deductible because it is used as a buyout of your wife's interest in the real estate and adds to your adjusted basis in the property.

    Now William, there are a few things to take into consideration but careful planning will eliminate difficulty.  If you are already in the midst of a divorce then your are bound by the Automatic Orders of the Court.  These Orders prevent you from spending, hiding or doing anything out of the ordinary with any assets without the written consent of your spouse.  You may not unreasonably incur any debt that is not in the normal course of your home or running your business except for paying your attorney's fees.

At the outset this looks like it poses a massive hurdle but your case is a bit different.

The Rhode Island Family Court has the power of equitable distribution over the marital estate.  This means the marital assets and debts of the parties.  This does not include pre-marital assets.  You have already disclosed that your 401k had a value of $75,000 before you got married.  This $75,000 is a premarital asset.  These funds are yours.  Additionally, any appreciation relating solely to those $75,000 is also a non-marital asset because they are funds generated purely by virtue of a the pre-marital asset without further contribution from the parties.  Thus if over the 13 years if your 401k averaged 7% per annum return then your $75,000 has roughly appreciated to $180,738.38 making the marital portion of your 401k $285,000 minus $180,738.38 which equals $104,261.62.    The $104,261.62 should roughly be the true marital portion for distribution by the Rhode Island Family court.  It is certainly viable for you and your attorney take the position that this should be undisputed and that $180,738.38 is truly a premarital asset to which your wife is not entitled. 

If you are allowed a 50% loan to vested monies then you have in excess of $90,000 that you can take as a loan for both your attorneys' fees and to buy out your wife's interest in the house.  If your wife's share of the house equity is agreed to be $70,000 then even with poor credit you should be able to secure an equity line of credit or a refinance of the house even if you take out a loan of $40,000 and put $35,000 toward the house and rely upon $35,000 of the house equity to balance out the loan.  This also leaves you with an additional $5,000 for attorneys' fees.

If you take out a loan of $35,000 as suggested, then you still have $145,738.38 that should remain a pre-marital asset that you are entitled to claim as a pre-marital asset.

Keep in mind that this is an arguable position.  Technically, it is a judge's role to determine whether an asset is marital, non-marital, premarital or otherwise exempt from the court's equitable distribution power.  However, when the issue is as clear cut as this in accordance with the statutes, most judges will not penalize an individual for following the advice of his attorney in order to settle a matter on the judge's calendar.

If the judge disapproves of the manner in which you proceed and finds the circumstances to require the court's authority, the most likely conclusion is that the Judge will consider any disproportionate amount as an offset to your spouse against the marital estate.  However, pursuant to the Rhode Island General Laws this is an arguable position that you should be able to take and use without the written permission of the other party or an order of the court, especially if it is used in an effort to settle the case. 

However, if the funds are used for purposes other than settling the case, be prepared for the court to take more appropriate actions to punish you as an abusing party even if you are within your legal rights.

Authored By:

  Christopher A. Pearsall
Attorney-at-Law
70 Dogwood Drive, Suite 304
West Warwick, RI 02893

Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce & Family Law* Attorney
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Copyright 2008.  Christopher A. Pearsall, A New Rhode Island Divorce Lawyer for a New Millenium

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law.
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A Tip from one of Rhode Island's Divorce Lawyers. The Four (4) Major Factors!

Originally the Rhode Island Family Court and divorce proceedings were part of the Rhode Island Superior Court.  Though they remained a court of superior jurisdiction, the Family Court was created to address family related matters which in and of themselves comprised a substantial number of cases focused on the specific subject of legal matters dealing with relationships, the well-being of the family unit and contracts such as marriage.

Seeing the need for a separate court to address divorces and relationships which resulted in contract-like situations, the RI General Assembly established the Rhode Island Family Court system and its underlying structure.

It is helpful and important to know that Rhode Island Divorce lawyers often deal with very emotional issues for their clients because with marriage often comes divorce - the severing of the living situation, financial dependencies the parties have with each other, the children borne of the marriage, and the assets and debts accumulated during the courts of the marriage.

It is extremely help however to understand that the RI Family Court system arose out of the Superior Courts due, in large part, to the contractual nature of marriage.

A marriage, though not viewed by many people as such, is in fact a contract.  During that contract children may be born, assets may be acquired, debts may be accumulated and one of the parties may need financial assistance to survive the dissolution of the marriage contract.

Do you want to get through your divorce and move on with your life as quickly as possible?  Then as difficult it is, put aside your emotions and think about where the judge is sitting and what he or she must do.

Imagine your case the way the judge does.  The judge sits there day in and day out hearing all kinds of saga, including emotions, hard luck stories, bitter retorts, vindictive statements, heartfelt pleas to punish the other spouse and more.  Yet the judge isn't there to be your counselor or to take the court's time so that you can say your piece just to get it off your chest and feel somewhat better just for having said it.

The judge sits on the bench in a divorce case to help the parties reach an equitable result to the dissolution to your marriage contract.   

Think about the judge's role and take the most direct result to the resolution of your divorce that is fair and reasonable or that is acceptable to you.

While the judge sits on the bench he or she has a specific role, namely to identify and deal with the important aspects of what your marriage produced.  Usually it is fairly straightforward.

1)  Minor Children
2)  Marital Assets
3)  Marital Debt
4)  A Spouse's ability to financially survive after the divorce.

While it is true that each of these items has each of its own characteristics, a divorce can reasonably be converted down into these four (4) basic elements for the purposes of understanding how you can help yourself through it.

This is simply a practical tip that will help any party to a divorce, IF, you can do it. 

1)  Put your emotions of rejection, anger, feelings of fault, depression, and all other emotions about your relationship away as much as possible when dealing with your Rhode Island Divorce Lawyer. 

Why?  Because lawyers address the legal issues the court will rule on and unless they have counseling training for mental health issues, they are not the best ones to voice those concerns too.

I am not recommending that you bury your feelings or that you don't deal with them at all.  I am suggesting that you find a good psychologist, psychotherapist, individual counselor, family counselor and/or marriage counselor and talk them out, whether they be feelings about your spouse's infidelity or your own insecurity or fears.  Your emotions should be dealt with by a professional skilled in mental health and emotional issues.

2)  Focus on what the judge must deal with in your marriage.  Those are the four points I have listed above.  These are at the center of your Rhode Island divorce.   If you can remove the emotion from these points and focus on them in the order they are listed and decide upon them in the order in which they are listed then you will have the best opportunity to resolve your divorce as quickly and and effectively as possible to move on with your life.

The Rhode Island family courts are not a forum for waging vendettas and punishing your spouse for the wrongdoing you believe he or she has committed that have caused you to feel hurt or embarrassment.  Move on with your life sensibly and maintain your self-respect and dignity.  In this way, your life will grow and be enhanced much more quickly.

Life is all about change but not all change is bad.  Divorce is a big change for spouses and for children but it need not be a bad change.  Divorce is not only an ending of something you are familiar with, it is the beginning of something new, a great adventure that may bring you untold happiness without measure.

Embrace it and Live for You!

Authored By:

  Christopher A. Pearsall
RI Divorce and Family Lawyer
70 Dogwood Drive, Suite 304
West Warwick, RI 02893

Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce & Family Law* Attorney
now
100% Digital and Virtual!

Copyright 2008.  Christopher A. Pearsall, A New Rhode Island Divorce Lawyer for a New Millenium

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law.
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Uncontested RI Divorce Prices - What the . . ?

"I have a simple divorce.  We agree on everything.  What's your price for an Uncontested Divorce?"

My practice is focused almost entirely on Rhode Island family law. Every week I hear this same sentence by people trying to find the most affordable Rhode Island Divorce lawyer.

No doubt I'm going to burst a few bubbles here and perhaps even anger a few people, but I'm a lawyer who tells it like it is.

First, when you call an attorney and you say these three little sentences, here is what the translation ends up being. 

I'm shopping for an attorney because I don't think I can do this divorce myself.

I'm calling you because I'm looking for someone who is cheap. 

If you are a lawyer and you are cheap then I might hire you because any lawyer should be able to do something as simple as my divorce.

Even without any tone or inflection, this comes across as an insult, especially to a family law attorney who knows that every case is different.

It is no understatement on my part to you that these are the calls I get all week because I offer my services as Rhode Island's Most Affordable Full-Time Divorce and Family Law Lawyer.  More than 90% of the calls I get are asking, What's your price for a completely uncontested divorce?

People are lawyer shopping.  Not only do I understand that, but I encourage it.  Yet this is far from the best way to go about it.  Certainly, it is not an easy thing to find a good Rhode Island Divorce Lawyer and there is no magic book to tell you how to find a good one that offers reasonable rates. 

However, calling a bunch of Rhode Island lawyers who advertise that he or she does divorces and then asking how much he or she charges for an uncontested divorce and choosing the lowest price one because you have limited financial resources is far from the best way to get good results.

I can say with sincerity the following just as if I were saying it to one of my brothers, "It is worse to have a lawyer who doesn't know what he or she is doing in divorce and family law than it is to have no lawyer at all."

Certainly you want to price shop for an attorney, but if you engage the services of a lawyer who does not know what he or she is doing when it comes to divorce or family law then you  might as well fold your money into a paper airplane and sail it out the window.  A lawyer who is not skilled in Rhode Island divorce and family law may quickly and easily give you a telephone quote for an uncontested divorce because he or she does not handle them frequently and simply wants to get some money "in the door".  Most attorneys have overhead expenses to pay after all.

Yet I digress.  This article is not about how to select a Rhode Island Divorce and Family Law Lawyer.  Rather, this article is about understanding that a good Rhode Island Divorce and Family Law Lawyer will not simply quote a a price to you over the phone. 

Why? 

Because good Rhode Island divorce lawyers know that 9+ out of 10 people who call will say that they have an uncontested divorce when the divorce lawyer who practices enough before the family court knows that only about 1 in 20 cases is truly uncontested from the outset and that this can only be determined with any degree of certainty after a detailed consultation and question and answer session with the prospective client.

If you get anything out of this article, I hope that it is this sentence. 

Every divorce case is different.

Those of us who choose to practice as Rhode Island Divorce lawyers know the intricacies that plague each of the cases.  We have honed our skills and our minds to identify the present issues, tax consequences, future medical issues and much more so that you can rely upon our advice and give you solid legal representation.   A good Rhode Island divorce lawyer knows that family law is always changing and that as much as we may try we are not always "up to the moment" on every case that has been ruled upon.  A true professional when it comes to divorce and family law will state with confidence that  he or she would prefer not to give you advice on a particular issue until he or she has checked into the latest cases on the issue. 

No lawyer is expected to know everything on any subject.  However, a good lawyer working within his or her primary practice focus will take prudent steps to insure that the correct advice is given to anyone he or she is speaking to.

So, what's my price of an uncontested divorce?  I have none.  I make it a rule not to quote prices over the phone because as I have said, I know that every divorce is different.  All lawyers are not the same.  Some have chosen to focus their practice in an area of law.  If you are going to hire a Rhode Island lawyer for your divorce or other family law matter, then take the time to meet with and screen each lawyer.

If you just want to hire the cheapest attorney possible, then just call a lawyers who just finished law school, has passed the Rhode Island Bar Examination and was just sworn in before the Rhode Island Supreme Court.  Why do that if you want CHEAP?  That lawyer is hungry for income and clients to start his or her new career.  Then, chances are better than not that you can just waive goodbye as your money goes out the door as you pay for a lawyer who probably doesn't have the slightest idea what they are doing in family court or perhaps where it is located.

I'll say it again and I can't stress this enough.

Every divorce is different.

More than 9+ people out of 10 who call me will say they have a completely uncontested divorce.  Yet only 1 out of 20 of those callers actually do have an uncontested divorce.

When trying to get a price for your divorce, the attorney will know if your divorce is likely to be considered uncontested or not, BUT only after a detailed consultation and explanation of your rights to you.  Without that, most people only state they have an uncontested divorce because they think that they do or they want it to be uncontested OR because they believe that by asking for the uncontested rate they can just hire the attorney at the cheapest possible cost and then deal with any additional cost later.

Consider this analogy and perhaps you won't be so offended or you will understand when a professional Rhode Island divorce lawyer tells you that he or she is unable to quote you a rate for your divorce over the telephone.

ANALOGY

Let's say that you call up up a department store to get a price on spark plugs for your car, the call center must switch you to the department that focuses on that specialty product right?  So you have to get to the department that carries that product.  This is just like finding a true divorce lawyer in the midst of all the thousands of lawyers in Rhode Island.  Fortunately, it's much easier because the call center person knows that there is a specific department for that and just shunts your call to the Automotive Department.

When the Automotive Assistant picks up the telephone, you ask how much it costs for the cheapest spark plugs for a basic Chevrolet.

Can the Automotive assistant tell you the correct price without asking you more questions when the store carries (4) 4 brands of spark plugs for all different makes and models of cars and trucks? 

No.  The automotive assistant can't help you at all without asking you more detailed questions.  In fact, without more information the automotive assistant may not even carry the spark plugs you need. 

Fairly similar, right? 

What's your price for an uncontested divorce? 

and

What's your price for the cheapest spark plugs for a Chevrolet?

In fact, the automotive assistant may have to take quite some time with you on the telephone asking you about the Model, YEAR, Number of Doors, Engine Size and other information in order to figure out which spark plugs would even fit your car for ONE BRAND!  Then he or she may have to do the same for all four (4) brands to see what fits, what is available and what its cost is.  Then, finally the automotive assistant might be able to tell you what the cheapest one that fits your car is that they have in stock.  This is pretty similar to a full consultation with a divorce lawyer don't you think.  He or she has to ask you the questions that he or she knows to ask to find out what is needed for your case just as the automotive assistant needs the information to find out what spark plugs fit your needs.

Now, what happens.   You are dealing with an inexperienced lawyer who thinks he or she knows the questions to ask.  Yet isn't he or she really just like an inexperienced automotive assistant who is some poor kid just out of college trying to figure out what to do with his life and is working in the automotive department for minimum wage?  What if the automotive assistant is wrong andgives you the wrong spark plugs and you try to use them into your car.  After all, you relied on the automotive assistant's knowledge, right?   And a spark plug is just a spark plug, isn't it?

Well, you can guess what could happen.  You could blow the engine and make it unusable.  You couldstrip the spark plug threads requiring retapping of the treads at substantial cost.  You could ruin the ignition timing so the timing needs to be redone, perhaps the replacement of the timing belt, engine damage, etc . . .   

So you paid the cheapest price on spark plugs from someone who you expected to know what they were doing and you have a ton of headaches. 

Do you think the automotive assistant or the department store is going to be responsible for those headaches or your costs?  Do you think they will be able to reverse the damage that was done?  Nope.  Too late.  You should have gone to a specialist who might have told you which spark plugs were correct or you might have been told that the cheapest ones will only cause you costly headaches down the road and that the middle priced spark plugs are much better for your needs.

Ultimately, some attorneys may have a fixed price for an uncontested divorce.  They may, in fact, be cheaper than everyone else, including me, but that doesn't mean that they are the best for your situation, nor does it mean that they even care about your situation, or what happens to you if you follow their advice and it happens to be a bit off. 

Unfortunately, though readers may not wish to hear this, getting a price on what you state as an uncontested divorce is not the same as buying a small, black coffee at the Dunkin Donuts drive through.  This is divorce law.  It is complicated and it changes frequently.  Without knowing all the details a good family law attorney can't properly give you a price. 

If you call an attorney and simply get a set price on the telephone for a retainer and hourly fees and you haven't discussed with the attorney any aspects of your situation or your case or your life then I have only one word for you . . .

NEXT!

Authored By:

  Christopher A. Pearsall
Attorney-at-Law
70 Dogwood Drive, Suite 304
West Warwick, RI 02893

Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce & Family Law* Attorney
now
100% Digital and Virtual!

Copyright 2008.  Christopher A. Pearsall, Entrepreneur and Attorney-at-Law

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