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

I'm a Rhode Island Divorce Lawyer wanting to see more Uncontested RI Divorces!

Why does a Rhode Island Divorce Lawyer want to see more uncontested RI Divorces?  Doesn't fighting and conflict in a Rhode Island divorce create a longer divorce and more fees for the attorney?  The answer to the second question is "Yes."  So in light of that answer let me ask the first question again.

Why does a Rhode Island Divorce Lawyer want to see more uncontested RI Divorces if the lawyer is going to make less money?  The answer is a simple one that most people wouldn't expect to hear from a lawyer.  Here it is.  I care more about preserving families than I do about money.

So what preserves the family unit?  Amicable/Uncontested Divorces do.  

So what do YOU want in your divorce?  Do you want to waste your time and money?  Do you want to be bitter at your spouse?  Do you really want to pay a Rhode Island lawyer thousands and thousands of your hard earned dollars for a divorce that goes on and on and on?  

Or does it sound better to act like adults, be fair and reasonable with each other, pay as little as possible for your divorce, decide things for yourselves instead of letting lawyers and judges decide what happens in your life,  save your kids from being torn to shreds emotionally if you have children, and then continue on with your life as quickly as you can with as much money and assets as possible?

The fact is that amicable divorces are physically and emotionally better for YOU and your family, they save you money, and they are easier to get through.

Uncontested divorces are absolutely, positively the best way to go in the Rhode Island family court system unless you must go through the contested process.

As a Rhode Island lawyer I've tried to convince other lawyers to strive for earlier more realistic settlements in divorces and diffuse conflict rather than capitalizing on it simply because it may be what the client wants and would cause the case to run on and allow the lawyer to make more money.  

To date I seem to be one of the few RI Lawyers who advocates adamantly for amicable uncontested divorces because everything about uncontested divorces points to a more positive result for all involved.

Does every divorce end up being amicable?  No.  Why?  Sometimes it is the unreasonableness of a party.  Other times amicable divorces are prevented because one party has a mindset of "entitlement" to certain things as a result of contributions to the marriage, a spouse's treatment during the marriage, a spouse's conduct during the marriage, or the spouse's emotional state of mind because of the manner in which the marriage ended.  However, in my opinion 90% of these things could be resolved by a good attorney advocating for the preservation of the family unit simply by sacrificing some income.

In the end, many Rhode Island lawyers disagree with me about my divorce philosophy.  I am considered less than practical and do not think like a lawyer because I simply don't run with exactly a client tells me if it will make me more money.

Ultimately, however, life in my humble opinion is not about possessions and things.  Life is about how we spend our time.  This includes the relationships we build in our life, how we learn from each one and what we do with that knowledge.  Money is a thing that provides for more things.  While I can't provide my services for free, my Rhode Island Divorce Coaching Program and the reduced rates I quote the vast majority of my clients with an emphasis placed on settling your case reasonably speak volumes about the fact that I do, in fact care about my clients.

When it comes to Rhode Island divorce, I've been there at a time before I was a lawyer and before I knew anything whatsoever about Rhode Island divorce and family law.  I've been on every side of this coin.  I've been in my own case with a lawyer, without a lawyer, without any knowledge of divorce acting as my own lawyer, acting as a lawyer for myself, and now having helped hundreds of people through the divorce process in the RI Family Court System.

I doubt any lawyer in RI has had the rare opportunity to be part of the Rhode Island family court system in so many ways at so many times.  This gives me a unique perspective into virtually every case I have handled and helps me not only to understand my clients and their needs but allows me to represent my client's better.

No matter what, I know it's never easy.  So no matter what I want you to have an amicable divorce without all the physical stress, financial drain, emotional drain, extensive lost time from your life that could be better spent.

A successful Rhode Island divorce isn't about getting as many things for your client as you can.  It's about helping your client to a brighter tomorrow... whatever circumstances do that best!

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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

Discover the Tremendous Benefits You Receive by 

Participating in Family Law Coaching Sessions!

Visit RhodeIslandDivorceCoach.com

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

Experience the Difference!

Copyright 2000 to Present.  Christopher A. Pearsall, Esquire
 Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

Note: If this article contains a case scenario with names, dates or amounts, any resemblance any connection to any person or situation now or previously existing is purely accidental, unintentional, and is merely a mistaken creation in the mind of the reader.

* The Rhode Island Supreme Court licenses all attorneys in the general practice of law.  The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

- - Recommended Websites - -

Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | ChrisPearsall.com | LegalScholar.com | Pearsall-Law-Associates.com | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers | Rhode Island Divorce Coach  |  RI Divorce Coach | RI Divorce Lawyer on Twitter | Rhode Island Divorce Coach on Twitter | Rhode Island Divorce Lawyer on Facebook.com| Attorney Chris Pearsall at LawGuru.com | Rhode Island Family Law Lawyer - RI Consumer Tips

Uncontested RI Divorces - Rhode Island Children Come First!

For each ten (10) calls I receive about how much it costs for a divorce each week, nine (9) of those calls describe the divorce situtation as uncontested.
 

Of those nine (9) divorces that are described to me as uncontested each week, eight (8) of them involve children.
 

In any divorce involving minor children there could be any number of legal issues that the court will want to know about, including legal custody, physical placement, visitation, shared holidays and vacations with the minor children, tax deductions for each minor child, child support, health and dental insurance, medical, dental, orthodontic, optical and other healthcare expenses uncovered by insurance, transportation of children, and other relevant issues regarding minor children.  That's quite a few legal issues.
 

Yet out of every nine (9) divorces that are described to me as uncontested, only one (1) person who calls me has addressed even half of these legal issues with his or her spouse.
 

Uncontested Divorces in Rhode Island are more than possible, they are the best way to resolve a divorce with your spouse, especially when minor children are involved.  So how do you do it?
 

This short article on Rhode Island Uncontested divorces shows you the key element when children are involved.  So here are three tips for parents of minor children in an uncontested RI Divorce from the Rhode Island Divorce Coach:
 

1.  Parent's Tip #1- Remember that the children come first.
 

2.  Spouses Tip #2 - Resolve the issues regarding the children first and foremost because that will resolve a majority of the major issues that the court will need to hear testimony about at the time of your nominal (i.e. friendly/uncontested) divorce hearing.
 

3.  Spouses Tip #3 - To resolve all issues in your divorce regarding your children, put the children's interests first and not your own.  You should be in a logical frame of mind and deal with one issue at a time.
 

Remember. . . in any divorce, especially an uncontested Rhode Island Divorce . . . Kids Come First!

 

Authored By:

 

Christopher A. Pearsall, Attorney-at-Law

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

Discover the Tremendous Benefits You Receive by 

Participating in Family Law Coaching Sessions!

Visit the RhodeIslandDivorceCoach.com

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

Experience the Difference!

Copyright 2000 to Present.  Christopher A. Pearsall, Esquire
 Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

Note: If this article contains a case scenario with names, dates or amounts, any resemblance any connection to any person or situation now or previously existing is purely accidental, unintentional, and is merely a mistaken creation in the mind of the reader.

* The Rhode Island Supreme Court licenses all attorneys in the general practice of law.  The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

- - Recommended Websites - -

Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | ChrisPearsall.com | LegalScholar.com | Pearsall-Law-Associates.com | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers | Rhode Island Divorce Coach  |  RI Divorce Coach | RI Divorce Lawyer on Twitter | Rhode Island Divorce Coach on Twitter | Rhode Island Divorce Lawyer on Facebook.com| Attorney Chris Pearsall at LawGuru.com | Rhode Island Family Law Lawyer - RI Consumer Tips

RI Pre-Marital Assets - Your Divorce, Your Assets . . . or Are they?

In a Rhode Island Divorce proceeding, you do not have the luxury of claiming any asset is "pre-marital" and then doing whatever you want to with it.  

Until your RI Divorce Judge determines that an asset is "pre-marital", you must presume that it falls within the power of the Rhode Island Family Court.

While you can certainly take the position that an asset is "pre-marital" in your divorce proceeding, it is not within your power to determine that an item is, in fact, "pre-marital" so that you can do whatever you like with the asset.  

In fact, taking an asset and disposing of it at you see fit, especially without at least giving 50% of the value of the asset to your spouse, is likely to lead to a Motion for Willful Contempt for taking action in violation of the Automatic Orders of the Court.  

Automatic Orders of the Court apply to every divorce proceeding and violation of those Orders is punishable by numerous remedies the Rhode Island Family Court Judge may avail himself or herself of, including but not limited to, incarceration at the Adult Correctional Institution, sanctions, fines, attorney's fees awards etc. . .

Remember, each "pre-marital asset" should be considered separately and a good Rhode Island Divorce Coach / Lawyer will help you identify whether or not an asset is likely to be considered (1) entirely pre-marital, (2) partially pre-marital, or (3) not pre-marital at all because its character changed from pre-marital to marital during the course of the marriage.

Though an asset in a divorce may change character in a multitude of ways, consider the following example.

For example, Jill owns a house and its property prior to the marriage. During her marriage to Tim, Jill adds Tim's name to the deed.  Though Jill may still argue that the house and property are still a pre-marital asset, or the value of them before she married Tim is pre-marital, her argument should fail because she changed the character of the property from "hers" to "theirs."  By adding Tim's name to the deed Jill actively and intentionally changed the house and its property from "pre-marital" to "marital."

Remember that In any Rhode Island divorce, the divorce lawyers make arguments for their clients.  You have the power to make the same arguments for yourself, if you understand the arguments that you have available to you.

Do you know what arguments are available to you regarding your assets?  A Rhode Island Divorce Coaching Session may help you get a better grasp on holding on to your assets.  If you represent yourself, it may give you just the edge you need.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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

Discover the Tremendous Benefits You Receive by 

Participating in Family Law Coaching Sessions!

Visit the RhodeIslandDivorceCoach.com

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

Experience the Difference!

Copyright 2007 to Present.  Christopher A. Pearsall, Esquire
 Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

* The Rhode Island Supreme Court licenses all attorneys in the general practice of law.  The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

- - Recommended Websites - -

Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | ChrisPearsall.com | LegalScholar.com | Pearsall-Law-Associates.com | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers | Rhode Island Divorce Coach  |  RI Divorce Coach | RI Divorce Lawyer on Twitter | Rhode Island Divorce Coach on Twitter | Rhode Island Divorce Lawyer on Facebook.com| Attorney Chris Pearsall at LawGuru.com | Rhode Island Family Law Lawyer - RI Consumer Tips

The Alcoholism Policy of the Rhode Island Family Courts

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

*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 | WholesaleQuiltBatting.com | Mesothelioma-Cancer-Articles.com

The Other Man - The Other Woman - Opposing Subpoenas!

In a Rhode Island Divorce a common practice of family lawyers is to subpoena the person their client alleges is "the other woman" or "the other man" who has broken up the marriage.

EXAMPLE

Todd and Marlene have been married for ten (10) years.  Marlene didn't see the signs that Todd was extremely unhappy in their relationship.  Todd files for the divorce.  Marlene is in shock when Todd files for divorce and instantly forms the belief that there must be "another woman" because she sees no reason why Todd would file for divorce otherwise.  Marlene starts putting together a list in her mind of females that his husband knows from work, little league practice for their son, and friends of hers that have been around her husband.

Marlene hires an attorney and files a counter-claim for divorce.  Eventually Marlene narrows down her list to the one or two people she suspects had an affair with her husband.  She starts following Todd around and finds that Todd is having lunch occasionally with one of those people.  Marlene forms in her mind the belief that this woman must be "the other woman" who broke up her marriage.  Marlene is now angry at both her husband Todd and this woman.  Marlene's attorney subpoena's the woman Todd was having lunch with into court, usually around the time of the trial.

ATTORNEY TACTICS

Unfortunately this is an all too common tactic that attorneys take in a divorce matter that causes divorces, in my humble opinion, to escalate beyond control or to immediately settle a case in an inequitable manner.

Let me explain.  The "other woman" as in the example may have no basis what so ever.  The fact is, people grow apart.  The parties in a marriage are often blind to the signs of the breakdown especially if both parties do not have good communication skills with one another. 

Denial is often an initial reaction to the recognition that divorce is taking place or is on the immediate horizon.  The person being divorced does not wish to believe that he or she is unattractive, boring, unyeilding or unworthy or being loved as a spouse in the marital relationship.  That denial, if not tempered with reason, often leads to the conclusion that there must be another person in their spouse's life that caused the marriage to break down.  This is because the spouse cannot, or will not, come to terms with the fact that the marriage simply wasn't a good match or that their spouse was looking for something in his or her life and thought it was present in the other spouse only to find that it wasn't.  Some spouses marry with blinders on.  They see the good qualities of the prospective spouse and then simply hope (or even expect) that over time if they marry the person that the remaining characteristics and qualities they do not see in that person will develop  . . . or they believe that the person will change because of their influence.

Whatever the circumstances, divorce lawyers will not hesitate to subpoena one or more persons that the spouse believes is (or could be) the person that caused the breakdown of their marriage.  This person is seen as the alleged "homewrecker". 

The purpose of subpoenaing the alleged homewrecker is two-fold.  First, when an attorney does this at the wishes of the client (especially without any proof that anything has occurred) it seemingly validates the beliefs of the client that there was in fact a "homewrecker" who ruined the marriage.   Regrettably I have found this to be true mostly in the case of women who feel scorned or rejected when the man files for divorce.

Second, whether the person subpoenaed is a love interest or simply a friend and confidant that the husband has chosen to confide in and is part of his support system to get through the divorce, it puts pressure on the man to keep the love interest, friend or even girlfriend out of the "divorce battlefield" to prevent her from experiencing anxiety, humiliation or any other fallout from the scorned wife.  This in turn has a third effect of leveraging the husband (at least in this example) to succumb to the demands of the wife's attorney even if they are unreasonable and inequitable purely to protect a person who may in truth simply be a friend who is supporting the man through the divorce process by being a listener or sounding board.

WHAT CAN THE "ALLEGED HOMEWRECKER" DO?

He or she can make a Motion to Quash before the court.  A Motion to Quash is a motion asking the court to invalidate the subpoena either permanently or temporarily based upon the circumstances.

The Rhode Island Family Court Judges generally have a good grasp on the reasonableness of a subpoena used in these situations.  A judge will not typically allow the unfettered intrusion into the life of person who is only alleged to be a person who has caused the breakdown of the marriage, especially if the subpoena to the third party (ie the alleged homewrecker) demands the production of documents (called a "Subpoena Duces Tecum") that invade the life and personal finances, etc . . . of the third party.  Without corroboration from the spouse who is alleged to have had the affair, or some other corroboration, there is a very good chance that the court will quash or invalidate the subpoena.

Typically the "alleged homewrecker" can orally or in writing, move to quash the subpoena.  It is best that if the person served with the subpoena is going to do this that he or she have more than one basis for doing so. 

REASONS FOR QUASHING A SUBPOENA in these circumstances include:

1)  It is intended merely to harass the person served and/or cause him or her anxiety;

2)  It is believed that it was issued merely to force a party to agree to inequitable terms in order to prevent one parties' friend from being embarrassed and humiliated by even the accusation the he or she was involved in an extramarital affair, thus it is being used to cause undue duress on the party alleged to have been involved in an affair;

3)  That the subpoena demands documents that are invasive of a reasonable person's right to privacy;

4)  That the subpoena was untimely served (requests for documents should provide at least 2 to 3 days for the person served to obtain the documents);

5)  That the subpoena was improperly served (A Rhode Island Subpoena must be served (a) personally, (b) by a person authorized to serve process in Rhode Island, (c) with the State of Rhode Island, (d) with a check for witness fees of  approximately $12 to $14).

6)  That the subpoena should, in the very least be invalidated, subject to the serving party's establishing a foundation for the subpoena and/or the alleged relationship between that party accused before the third party's privacy is violated.  Attorneys call this "quashing the subpoena subject to establishing foundation.";

7)  The subpoena cannot be complied with without undue risk of loss of employment of the subpoenaed individual with explanation as to why there is undue risk (i.e. brand new job and can't take time off);

8)  The subpoena cannot be complied with due to illness with a physician's note, preplanned vacation with proof of same, employment obligations out of state on the time and dates compliance with the subpoena is required.

THE POINT

Persons alleged to be the "other man" or the "other woman" who have been served with a subpoena in a divorce matter do have options of recourse to prevent this attorney's tactic.  Persons served may oppose the subpoena for these reasons and other basis of good cause if they do so timely and do not sit on their rights (i.e. wait til the last minute).  The longer a subpoenaed person waits to oppose a subpoena, the less likely it is that the court may grant the requested relief (i.e. that the subpoena be quashed in whole, in part, or subject to establishment of foundation).

Authored By:

  Christopher A. Pearsall
Money Making Entrepreneur and 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, Internet Entrepreneur and Attorney-at-Law

*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 | TheModernMom.com| WholesaleQuiltBatting.com | Mesothelioma-Cancer-Articles.com