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!
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!
It goes without saying that clients of Rhode Island Divorce Attorneys bear their own set of risks when it comes to having their cases heard before justices and magistrates of the Rhode Island Family Court. It is the nature of the beast of our legal system. Nothing that is worth fighting or arguing for comes without its risks and Rhode Island Divorce Attorneys are no exception. But make no mistake about it, the price a Rhode Island Divorce Attorney may pay for zealously representing you may be greater than you might imagine. For a Rhode Island divorce attorney in the early years of building a law practice a judge has the power to ruin a legal career, even one built on hard work, integrity and high moral standards.
Enter Associate Judge Laureen D'Ambra to the Rhode
Island Family Court bench. Appointed for life, Associate Judge Laureen
D'Ambra was entrusted with Washington County Family Court's Domestic
Calendar covering not only divorce and child support matters but also
placement and protection from abuse matters prior to the September 1, 2008 rotation of judges.
Entrusted with the
various cases and controversies presented before her, Judge Laureen
D'Ambra had a broader obligation to consider, not just to the individuals
present in her courtroom but also how her decisions affected the
broader family unit.
Sadly, I was only one of many attorneys practicing divorce law in Rhode Island who discovered all too quickly that Judge Laureen D'Ambra was ill-prepared for the Washington County Domestic Calendar. Judge D'Ambra's lack of fundamental knowledge about divorce proceedings and family law principles of Rhode Island Domestic Relations Law was evident in statements she boldly professed on and "off the record" of the court.
It goes without saying that more senior and knowledgeable judges such as Judge Stephen J. Capineri and Judge Howard I. Lipsey, and magistrates such as Magistrate John J. O'Brien, Jr. and Magistrate Jeanne L. Shepard would not make not such statements. This is not purely based upon their experience but because they make concerted efforts to know the law entrusted to them and they remain informed about cases affecting their decisions.
In my humble opinion, a true jurist realizes both the power and responsibility that has been entrusted to him or her. Though perhaps reasonably unfamiliar with constantly changing procedures and policies in the family court system, a true jurist is nonetheless cognizant of the fundamental statutes and case law that will factor into the decisions the jurist will deal with on a daily basis during his or her tenure.
To the average citizen, the family courts are the embodiment of justice for family related issues within Rhode Island. Citizens reasonably and rightfully expect that judges and magistrates will undertake their duties in such a way that the law will be upheld and that justice will be afforded to those who come before the family court in honesty looking for it.
Family law practitioners not jaded by long continued practices that hold lawyers up as icons of disrepute may likewise hope to strengthen the public view by promoting justice in their cases.
However, as Socrates spoke in one of his countless orations, "It is not uncommon for two people of similar mind to disagree as to the meaning of something upon which two minds would be expected not to differ." Thus, it is most certainly reasonable that neither Rhode Island Divorce Attorneys nor their clients will always agree with the decisions made by the judges and magistrates of the Rhode Island family court, including Associate Justice Laureen D'Ambra.
There is, however, a substantial difference between a jurist who makes decisions reasonably in conformity with the law and those who make decisions with a total disregard for the law or worse yet a lack of knowledge of the area of law in which they are expected to serve the public.
After more than a year of contemplation following an event I was subjected to by Associate Justice Laureen D'Ambra I have decided that my story is a tale best told to illuminate Rhode Islanders and fellow Rhode Island practitioners of the possible dangers of practice here in Rhode Island and particularly before Associate Justice Laureen D'Ambra.
In July of 2007, I was the attorney for the defendant in the divorce of Sullivan v. Sullivan before Associate Justice D'Ambra. Prior to the beginning of the trial, I raised an issue regarding property held in Mrs. Sullivan's name in Connecticut during the marriage. I expressed to the court that it was my intention to prove that the Connecticut property had been co-mingled with marital assets, that the Defendant had worked on the property and thereby enriched it and that the Connecticut property was, in fact, a marital asset.
The result? Prior to hearing any evidence and seemingly unaware of case law regarding this issue Justice D'Ambra asked one question.
Justice D'Ambra: "Is Mr. Sullivan's name on the deed to the property?"
Attorney Pearsall: "No, but . . . [cut off by the judge]"
Justice D'Ambra: "Then he's not getting any of it and I don't want to hear it at trial."
At the beginning of the plaintiff's case in the trial, the Plaintiff called a Connecticut resident to the stand. A subpoena was issued and served upon the Plaintiff's witness requiring him to return to court to be called by the Defendant in the Defendant's case-in-chief as is his right.
Opposing counsel objected that it was burdensome to require the witness to return to court when he was there at the moment. Despite the prejudice to Mr. Sullivan, Judge D'Ambra unilaterally quashed the subpoena and told the witness he did not have to return. Judge D'Ambra then insisted that I ask all my questions of the witness upon cross-examination, thereby limiting me to the scope of direct examination questions. It also prevented me from the additional time to gain additional information about the witnesses' testimony to attack his testimony and impeach his credibility.
On one particular date scheduled for trial Mr. Sullivan was shaking his head and passed me notes about various issues as is typical in court proceedings as clients make notes on issues and particular points they believe needs to be addressed. As I recall it was Judge D'Ambra's attempt to force the parties, particularly Mr. Sullivan, into a settlement and it conveniently took place "off the record." During the discussion, Judge D'Ambra stopped and addressed my client, Mr. Sullivan, directly.
Though brief, the exchange was as follows:
Judge D'Ambra: "What is your problem, Mr. Sullivan?"
Mr. Sullivan: Um..ah...[sitting there stunned].
Judge D'Ambra: "What do you want out of this Mr. Sullivan?"
Mr. Sullivan: [Looking at me for approval to speak.]
Attorney Pearsall: [Knodding for Mr. Sullivan to stand and speak.]
Mr. Sullivan: "I want to tell my story. I want to tell what really happened."
Judge D'Ambra: "Well that's not going to happen. You're not going to get to tell your story."
Significantly, the plaintiff called a witness on the first day of trial from Connecticut. The man was her ex-husband with whom I knew from case research had continual contact and business dealings with Mrs. Sullivan.
My client was certain the ex-husband lied and that documentation could be obtained to proved that he had lied on major issues. A subpoena was issued and served upon the ex-husband in Rhode Island to call him in the presentation of our case.
As legal practitioners know, service within the state's geographical boundaries creates jurisdiction over the witness and requires the witness to appear.
Despite our right to call this witness in the case-in-chief, Judge D'Ambra quashed the subpoena and limited me to cross-examination of the witness thereby prejudicing Mr. Sullivan's case and compromising his right to call witnesses in support of his case.
However, these were minor in comparison to what was to occur to me and would continue to the present date.
Several days into the trial, specifically on Monday, July 23, 2007 at approximately 2 p.m. we were to begin the second day of Mr. Sullivan's case.
I walked into court prepared to question the next witness. Suddenly Judge D'Ambra took on a serious tone and called witnesses, specifically the assistant court clerk, the clerk of court and one of the sheriff's who testified that they smelled marijuana emanating from me on the previous Friday that the judge had heard Mr. Sullivan's testimony.
It took me more than a few minutes from the shock to realize what was occurring, not only in front of witnesses, counsel and sheriffs but BY them.
I requested immediate drug testing in the Providence Family Court to prove the allegations false and that is precisely what occurred an hour later. I was cleared of any marijuana on the previous Friday due to marijuana's latency in the human system.
It was perhaps most shocking because I have been an anti-drug advocate on all levels since my teenage years and I remain so today. Those who know me know that I am the last person to be accused of drug use.
However, the full nature of what happened can only be appreciated by reading the transcript of the proceeding.
Shortly I will post the transcript which is a matter of public record and explain the aftermath of what in my opinion was a tremendous act of judicial misconduct by Judge D'Ambra and what I believe was a strategic move as well.
It is perhaps the events that followed after I sped to Providence and thought I cleared my name by a completely "clean screen" for any form of drug or alcohol use that became most troublesome.
The following day, unbeknownst to me, Mr. Sullivan had been directly corresponding with the opposing counsel, Attorney Lise Iwon regarding the case without contacting me and proposing settlements while I remained his counsel of record.
I would not and could not continue as Mr. Sullivan's
attorney on ethical grounds and filed a motion to withdraw with the court. While the court was held up with another matter Mr. Sullivan formally terminated my services so that he could speak with Attorney Iwon about settling the case.
I approached Judge D'Ambra and presented the original test results showing that I had tested "clean" by the Rhode Island Family Court's lab system. The form was quickly taken from me. No apology. No statement on the record about the proceedings. I was excused and Judge D'Ambra noticeably made sure I had exited the courtroom before she continued with the proceedings which I later understood were settled that day by Mr. Sullivan and Attorney Iwon under terms that in my professional opinion were horrendous and which compromised a civil action he had going. Mr. Sullivan had previously rejected terms similar to those finally agreed to on the record. Later he would blame me for the settlement he himself agreed to with Attorney Iwon.
Yet the story doesn't end here, rather this was it's beginning. It should be of interest both to Rhode Island Divorce Lawyers and to individuals who come before Judge D'Ambra in any divorce matter.
Within five (5) days after July 23, 2007, on which the accusations were made against me, I was receiving calls from colleagues asking what happened with Judge D'Ambra. Within seven (7) days I began to receive my first cancellations from established consultations who cited rumors that I had drug addictions and they could not risk their family law matter on a lawyer who was subject to such rumors.
Within the tenth (10th) and fourteenth (14th) days following July 23, 2008 I was in various courts sitting behind numerous attorneys who conveyed the story of the allegations to each other even though many of them did not know me by sight and were unaware that I was sitting right behind them.
In one case, one practitioner conveyed that I had been accused of being on marijuana during the course of a trial and that it was uncertain as to what I did or if I had cleared my name.
In another instance I overheard three practitioners who did not know me by sight discussing it and the allegations were not of marijuana use but rather that I had been using "cocaine" during a trial and there were concerns that I might have to be restrained when allegations came to light.
In yet another instance, the story escalated that it had been determined that I was a "heroine addict" due to my abnormal performance in court and Judge D'Ambra had ordered me to go for random drug testing.
In another case, I was simply a drug addict and Judge D'Ambra had addressed my conduct on the record and it was uncertain if a complaint would be filed against me with the Professional Conduct Committee or if disbarment might be considered.
Now keep in mind, that within 2 weeks I went from representing a client in a trial to being accused of marijuana use which was proven to be unfounded, to being talked about so much by my legal colleagues with extraordinary embelishments that were threatening to tear my reputation and my practice apart.
Within 5 weeks , I had lost approximately mor than a dozen consultations and one existing client who felt the rumors might carry over to the chances of success in the case.
My office phone stopped ringing. I heard court clerks, courtroom sheriff's and even judges discussing the matter. The allegations and the fact that I had cleared myself leant nothing to the situation because noone checked on the "facts". Clearly rumor and conjecture have more value among my colleagues in the Rhode Island Bar than evidence and truth.
Our economy was beginning to worsen and my demise at the hands of Judge D'Ambra came at the worst time possible. By association the colleagues in my office share suffered as well.
With little left to lose, I filed a Complaint with the Commission on Judicial Tenure and Discipline against Judge D'Ambra. An investigator was assigned to the case and presumably a subcommittee was formed to review the facts of the case. I was told I would be interviewed. In fact, I informed the Commission on Judicial Tenure and Discipline and their chosen investigator that I had additional evidence, which if necessary could be presented at hearing and/or to the investigator when it came time for my interview.
My Complaint against Judge D'Ambra related to her direct violation of the Judicial Canons in at least three instances. After seven months of what I can only suspect was stalling and allowing the matter to grow stale, I received a call from the Commission's inspector to "soften the blow" that I would be receiving a letter of dismissal from the Commission regarding my complaint.
The commission could find no basis after investigation for my complaint. A copy of my Complaint against Judge D'Ambra to the Commission on Judicial Discipline and Tenure is attached for public consideration and comment.
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 now 100% Digital and Virtual!
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!
"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
How does a Rhode Island divorce lawyer who is seemingly competent make the mistake of advising clients and people in general, through writings, articles, press releases or other literature or publications that Rhode Island is a NO FAULT state when it comes to divorce?
I've seen this on several lawyer's websites and I've seen this on generic legal sites that try to entice you to come to their sites so they can help hook you up with a legal referral service from which I can only presume they receive some kind of kickback or monetary remuneration.
Yet for heaven's sake, shouldn't a lawyer at least get the fundamentals right! It's no wonder lawyers have a bad name when lawyers go out of their chosen field of expertise and give answers that are incorrect simply because they don't want to lose a client or appear inept. This becomes a stereotype that is then applied to all lawyers.
Well, let me set the record straight. Any lawyer, whether they are licensed to practice law in Rhode Island or not, who tells you that Rhode Island is a NO FAULT state when it comes to divorce, simply does not know what they are talking about. Frankly, if after reading this article you go ahead and hire such a lawyer then you deserve exactly what you get.
This is and should be an easy question for any Rhode Island lawyer who professes to practice before the Rhode Island family courts. Even if it isn't known off the top of the lawyer's head, he or she should be able to look up the answer in a matter of 60 seconds.
Here's a quick lesson. A state that is considered a NO FAULT divorce state is one in which divorces are not granted based upon the fault of either party. In other words all grounds for divorce in that "NO FAULT" state are not based on the fault of either party.
I've heard it stated by Rhode Island lawyers and I've even seen it published by Rhode Island lawyers that Rhode Island is a NO FAULT divorce state. WRONG! WRONG! WRONG!
Frankly, I don't have to tell you it's wrong at all. The Rhode Island General Assembly that makes the laws of our state has already said it.
Though Rhode Island Family Court judges and most parties prefer divorces that are based on irreconcilable differences (which WOULD be a NO FAULT divorce) that is not the only grounds for divorce. The following section of the Rhode Island General laws spells out the additional grounds for divorce as follows:
§ 15-5-2 Additional grounds for divorce.
–
Divorces from the bond of marriage shall also be decreed for the following
causes:
(1) Impotency;
(2) Adultery;
(3) Extreme cruelty;
(4) Willful desertion for five (5) years of either of the
parties, or for willful desertion for a shorter period of time in the
discretion of the court;
(5) Continued drunkenness;
(6) The habitual, excessive, and intemperate use of opium,
morphine, or chloral;
(7) Neglect and refusal, for the period of at least one year
next before the filing of the petition, on the part of the husband to provide
necessaries for the subsistence of his wife, the husband being of sufficient
ability; and
(8) Any other gross misbehavior and wickedness, in either of
the parties, repugnant to and in violation of the marriage covenant.
Now, if any Rhode Island lawyer who professes to you that Rhode Island is a NO FAULT state. Please have him or her explain to you how each of these items lacks a condition or action by either one or both parties that is not fault based. Then, please give me a call and explain it to me.
My point is simply this. Rhode Island is NOT a NO FAULT divorce state. This is an easy way to determine if the lawyer you are considering engaging for your divorce matter knows what he or she is talking about or not. If you ask the lawyer if Rhode Island is a NO FAULT divorce state and he or she says "yes" . . . then I highly recommend finding a new lawyer to interview.
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
Rhode Island child support modification can be a frustrating situation not only for clients but also for lawyers.
CONSIDER THIS SCENARIO
Imagine that you are a client who has placement of three children. Your ex-spouse is making considerably more money than when you divorced and the cost of living has risen.
First, you contact a lawyer about your child support rights and whether modification is appropriate.
Second, after finding out that modification is appropriate you speak with your ex-spouse and he is unwilling to agree to give you a dime more than you are already receiving in court ordered child support. So you resort to having your attorney send a letter to your ex-spouse asking for agreement of a small increase and that if you cannot agree that a Motion to Modify will have to be filed with the court.
Sounds simple enough doesn't it? If the ex-spouse doesn't agree then you file a Motion to Modify and the court will modify your child support if you meet your burden of proof, namely that there has been a substantial change in circumstances since the last order was set.
Enter the ex-spouse who gets an attorney friend to serve the placement parent with 6 motions on the day a response is requested. The placement parent's attorney files a Motion for Contempt and a Motion to Modify Child Support.
The ex-spouse concocts even more and more motions as the initial filing party and the Motion for Child Support which is truly the issue is placed on the back burner by the court. Despite the efforts of the placement parent's counsel, more and more motions are filed by the ex-spouse to further cloud the issues and take the court on so many tangents that no judge could see the forest for the trees even if he or she wants to.
Here's the clincher for the attorney representing the placement parent. How do you explain to your client after 3 years of fighting and after the ex-spouse's attorney has filed 35+ motions that there is no end in sight and the family court judge has literally refused to hear the placement parent's Motion to Modify Child Support despite countless direct requests that a hearing be held on the subject?
It is not only a child support issue but a legal frustration both for the client seeking the modification and for the lawyer representing the client. This is not simply because it makes the lawyer appear inept when he or she may have done everything within his or her power necessary to obtain a hearing, but also because the client is entitled for child support relief for the benefit of the children.
I have had the displeasure of seeing several unfortunate circumstances similar to the one described. In truth the problem is caused not only by the system but by lawyers who may be questioned as to whether they are acting within the boundaries of their ethical obligations and are abusing the system.
Unfortunately one lawyer usually has no control over another lawyer who is trying to bury a valid Motion for Child Support Modification under a mound of motions so deep that the court will never see it and never address it.
The question then becomes, does the placement parent who is moving for the modification of the child support have an entitlement or right to a hearing on the subject.
Rhode Island law regarding child support gives family court judges discretion as to whether to award the moving party child support retroactive to the date the motion was filed. Assuming for a moment that the motion is heard 3+ years later by the court, what do you think the chances are that the non-placement party will be ordered to pay 3+ years of retroactive child support?
As a Rhode Island lawyer, I can tell you quite frankly that it is slim to none that the placement parent will be given the rightful award of child support retroactive to the date of filing. This is most likely because the amount of retroactive support is likely to be seen as so large as to appear to be punitive. Since the court does not award child support as a punitive measure and judges are afforded this retroactive discretion the award of retroactive child support is unlikely at best.
As a lawyer, it is not an enjoyable task to explain to your client that a retroactive award of child support for the children is unlikely without even having had a hearing. Perhaps the more difficult part for an attorney is realizing that when a family court judge fails to hear a Motion to Modify Child Support in a timely fashion and otherwise may fail to exercise his or her discretion to grant support retroactive to the date of the Motion to Modify, that judge is more than hurting the placement parent, that judge is depriving the minor children of support that they are entitled to from the non-moving parent.
It should always be remembered, both by lawyers and by the courts that child support, and thus Motions to Modify Child Support, relate to the parent's exercise of rights on behalf of the children. Thus, if a Motion to Modify Child Support is granted, shouldn't it also be correct and proper to grant the child support retroactive to the filing date. It causes one to question why a retroactive ruling is not always the case and why the family court judiciary are afforded discretion in this regard which deprives minor children of child support to which they are entitled.
What then can a lawyer or pro se individual do when faced with a Motion to Modify Child Support that he or she seemingly can't get before the court?
Stay the course! Do not diverge from the purpose of your motion to modify. Continuously bring the court's focus back to this Motion over and over again. Make every effort not to let the court get side-tracked by opposing counsel, opposing motions and other obstacles that are not as crucial to the well-being of the minor children. Emphasize to the court that the longer the motion goes unheard the longer the children go without necessary child support in an ever worsening economy.
This is a situation where you must have laser-like focus and purpose to insure to the best of your ability that the Motion to Modify Child Support is heard. The court has often focused on the fact that one of it's foundational tenets is the best interests of the minor children. Most assuredly the financial best interests of the minor children are among the most important. Food, clothing, education, shelter and medical care are all part of the financial aspects of child support. Without increases when warranted by the court and awarded by the court, the minor children suffer.
Though there are no guarantees, this is the best avenue of focus, for your client seeking modification and for the children who NEED the modification.
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
As a Rhode Island Divorce Lawyer perhaps one of the more controversial issues I've dealt with is the case of the alcoholic spouse or parent.
Officially, the policy statement of the Rhode Island family court is stated on their Family Counseling Unit Services form which is filed with every divorce. The Family Court's policy statement reads as follows:
Policy Statement: The Family Court recognizes alcoholism as an illness and that such drinking problem is treatable and that entering treatment or counseling will not be prejudicial to legal issues in the court. The court is sensitive to the family problems raised by problem drinking and wishes not to be considered an obstacle to help in these matters.
The question for Rhode Island divorce and family law lawyers is whether to simply explain to clients that they should simply accept this as the court's policy, or whether to advocate that they take whatever position serves their ends in family court.
The issue is more problematic when personal beliefs conflict with family court policies. This is true both for the individual who chooses to represent himself or herself as well as Rhode Island divorce lawyers who may disagree with policy.
Neither those who represent themselves in court nor divorce lawyers in Rhode Island are required to conform their own personal or professional beliefs to the family court's policy statements. These policy statements merely set forth the family court's view as a governmental body to the treatment of . . in this case. . . alcoholism in matters before the family court.
It would not surprise me if there are perhaps many individuals and even many Rhode Island divorce lawyers and family law practitioners who disagree with the treatment of alcoholism as an "illness." This may be perhaps because the use of other drugs, whether by prescription or otherwise are thought of more along the lines of a voluntary addiction than is alcoholism. It is as yet an unanswered question to many as to why only "alcoholism" is the subject of a policy statement on an official court form. Is alcoholism deserving of special treatment when there are addictions and illnesses that are just as prominent and just as devastating to families in divorce and other situations.
In the end, the best bet for Rhode Island family lawyers and
individuals who seek to represent themselves is to take the position that
best furthers their case in family court whether it is contrary to the
policy statement or not.
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
Rhode Island law provides for persons subject to physical violence or threats that create a reasonable fear of imminent physical harm to obtain from the court an Order of Protection for that physical violence or threat of imminent physical harm.
This Order is most often sought by women who represent to the court that they are in fear of their husband or significant other based upon some recent conduct he has done. The Order typically restrains and enjoins the man from harassing, molesting, stalking, cyber-stalking or in any way contacting the complainant at home, at work or on the street. The Order may also require the threating party to leave the marital home or the residence where both parties may reside until the matter may be heard within three (3) weeks after the judge grants the initial Order based solely upon the claimant's affidavit.
Perhaps the biggest mistake serious complainants who have been threatened or harmed make is to appear at the hearing three (3) weeks later without a Rhode Island family law lawyer and dismiss the complaint. This could be for any number of reasons, including a change of heart, a continued hope that the abuser will change, guilt associated with excluding the father from his home or children, or pressure from other family members.
I mention this because most often what occurs is this. The abuser is allowed to continue the course of conduct he or she has caused or is not taught that this conduct is unacceptable. Abusers typically will continue to contact the complainant even after they have been served with the Protection from Abuse Order. Regrettably, the complainant who has obtained the Protection from Abuse Order allows this conduct and does not call the police to have the Order enforced. Unfortunately, it is often because the "contact" is often apologetic, endearing and pleading by the abuser in an effort to get the complainant to do exactly what I have mentioned here, namely to go to the court hearing in three (3) weeks and drop the Protection from Abuse Order.
What the complainant should be considering are questions such as the ones listed below in order to avoid making a big mistake.
1) How long have you had a relationship with the abuser?
2) How extreme was the conduct of the abuser when compared to the length of the relationship
3) Is this a one time instance of abuse or has the abusive conduct been gradually increasing?
4) If you have children, will this choice be the best for the child or children or will you be subjecting them to further abuse?
5) Are you being guilted into this decision? Or are family members pressuring you to drop this?
6) Do you honestly believe that the abuser has changed in just a few short weeks
Complainants should seriously question their decision to drop a Protection from Abuse Order. The law is there to protect you. If your complaint is genuine, the use of the law is appropriate and you could return to court in the future to ask the court to remove the Protection from Abuse Order. However, it is unwise to disillusion yourself into thinking that the abusing party has changed in such a short period of time.
To the contrary, if you have used the system simply to teach the "alleged abuser" a lesson, then do the court and everyone else a favor and drop the restraining order. You are wasting your time, the court's time and resources and misusing the law for your own purposes which the law wasn't intended to address.
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
