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

The RI Secret: You Can be Your Own Rhode Island Divorce Lawyer!

Yes, you can be your own Rhode Island Divorce lawyer.

First, you have the right to represent yourself in a legal proceeding.

Second, if your divorce isn't all that complicated then it's more than possible that you can handle it, after all if attorneys learned how to do it through law school and then through law practice then it must be achieveable, right?  Certainly!  Can you do it in every instance and still be effective?  No, most likely not because some divorce cases are just too complicated and literally require the experience the comes with practicing Rhode Island Family Law for year after year.

Yet how are you going to know if you don't give it a shot.  Should you do so without any direction whatsoever?  Frankly, I wouldn't recommend it.  Even the newest lawyers who enter the Rhode Island Family Courts want a little coaching or help from more knowledgeable practitioners.  So why don't you just do your homework, get a little legal help from a professional who has been doing this stuff for years and be your own Rhode Island Divorce Lawyer.

What might it do for you?

1.  First, you retain as much control of your case and your life as you possibly can.

2.  Second, you don't pay thousands of dollars to some man or woman that you don't know from Adam (or Eve) to hopefully protect your rights simply because you are paying them.  Thus you save money!  After all, who is better equipped to look out for your interests first and foremost than YOU!  Nobody!

3.  Third, you get a sense of accomplishment from doing something that a lawyer does.  Yes, there is a sense of pride in getting your own divorce accomplished without a lawyer.  It's like completing your own shed in your backyard without a carpenter or decorating the inside of your house so that you get kudos from the neighbors without a professional interior decorator.

So what is the secret?  Rhode Island Divorce Coaching!  That's it!  It's the help you need from a lawyer who has done this stuff when YOU need the lawyer, at a cost you can afford that is not going to break your wallet.

What's the real comparison?  Imagine this.  The typical lawyer with 12 years of experience exclusively practicing in the area of family law should be billing at a rate of $250 per hour and getting a minimum retainer of $2,500 up front to bill against.  Now consider that on average I have found that even uncontested divorces of the best kind are going to require 12 hours of a lawyers time.  That's $250 X 12 hours for a total of $3,000.

But what if I tell you that you do have a divorce that you can handle and I offer to coach you through each step.  How many steps are there you ask?  If it's truly uncontested then I've broken it down into 5 steps.  

So far 5 steps doesn't seem too bad, right?  I mean 5 isn't a big number at all.  But you are shrewd and you say but wait a minute, how much time goes into each step.  So I tell you that you need to spend an hour with me for each step.  So that isn't so bad at all, right?  5 hours of your time so you can do your own divorce and save money.  But how much money do you save?  You'd want to know, right!  Well, if it were at the correct rate of $250 for each hour then it would cost you a total of $1,250 so you'd save $1,750 now wouldn't you!  That's pretty darn good isn't it!

So there you are, waiting for that other foot to fall on this great Rhode Island Coaching Program, aren't you!  Most people would be so I wouldn't blame you one bit.

Here's the catch!  It's not $250 for each hour!  What if I told you it's only $135 per hour for you to learn how to professionally get from beginning to end in a divorce you can handle.  That is purely amazing!  It is so amazing that no other attorney will join me in doing this because they don't make enough money.

Here's the kicker!  This isn't about making a bunch of money!  This is about helping a lot more people to make the same money I would make if I charged $250.00 per hour.  You see I don't mind working harder if I know that I'm doing a good thing for people.  I want to make a difference!  Not a minor difference, but a REAL DIFFERENCE in the lives of people and what they think about lawyers.... I want people to know that there are still some good guys out here who do care about the people.

So I've become ridiculous and absurd to my colleagues!  5 sessions at $135 per session is only $675 for you to confidently go from learning about divorce to filing, through your hearing, getting the orders entered and getting divorced.  That is a savings of $2,325.00 on the easiest divorce possible!

Sound too good to be true?  Fine, sit down with me for the first hour!  Let me enlighten you about the process, the law, your rights, your options, and answer your questions and then see if you can honestly look me in the eye and tell me that another lawyer would do what I just did for you for $135.00

By the time you're done with the first hour you will be informed and have knowledge like you never believed and even if you never want to see me again beyond that first $135.00 session I guarantee you that I will have given you more information than any other family law attorney I know in a single hour.  You will be so informed that it will be virtually impossible for any lawyer that you want to hire to take advantage of you.

That cannot be beat!  In fact, if you want to you can ask me at the end of our meeting how you can save $300 to $500 off any attorney's full bill for your divorce just by doing one simple thing...all you need to do is ask!

Well, all I can do is put it out there!  My coaching clients swear by me and this program isn't offered by any other Rhode Island Attorney I know.

If you want to save a ton of money, keep control of your own case, and be your own Rhode Island Divorce Lawyer then just do this simple little thing.... get a little coaching from me . . . The Rhode Island Divorce Coach.

I look forward to helping you reach a better and brighter future!

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.

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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

My Rhode Island Divorce Lawyer can't tell me if I get to keep my house in the divorce! Why Not??

It may be hard for you as a Rhode Island divorce client to understand why your divorce lawyer can't tell you with certainty whether you'll get the house in your divorce or not.  Divorce clients, for the most part, tend to think of things as either black or white, right or wrong, yes or no.  As a former client, Pro Se person representing myself, and even today as a divorce lawyer I can understand and appreciate that you may believe this, or you may have this expectation.  

In truth, as your divorce lawyer I would have no different hope or expectation, namely that the answer to your  divorce question can be answered with an exact answer, without any if's, ands, or buts.  Why?  Well, because ultimately we all like certainty.  We don't like uncertainty.  We certainly don't like the "unknown" when it comes to our children, our assets, our debts and ultimately our lives in a proceeding as important as a divorce.

However, the fact remains that most legal questions in a divorce do not have a definite answer.  This is precisely the reason why their are divorce battles.  Do you want one?  Probably not!  Do I want one?  Well, if I were your lawyer and you didn't want one, then I certainly don't want one because it's my job not only to look out for your best interests but to follow your direction and what you want, as long as it is not illegal, or violates the lawyer's Professional Code of Conduct.

Yet lawyers exist for many reasons.  One of which includes the fact that the law is constantly changing, that concepts in the law may sometimes conflict with one another, and that arguments can be made based upon advocating for a change in the laws, or based upon a different interpretation or application of the law because no two cases have the same identical factual circumstances.  Every case is unique and even one small factor can make a huge difference in the application of the law to the case before the court.  Lawyers find and make these arguments for you.

So, what do we have now?  What have we learned?

You know that

1)  laws are always changing;

2)  laws can be interpreted differently;

3)  some principles of law clash with each other;

4)  no two cases are factually identical; and

5)  arguments can be made for changes in the law.

So let's look at the question posed by the title of this Rhode Island divorce article.  

Why can't my divorce lawyer just tell me if I get to keep my house in my divorce or not?

Assume for the sake of argument that I am your divorce lawyer.  I could use all my experience, all my knowledge of Rhode Island cases and statutes, familiarity with the judge your case has been assigned to and the information I have about your situation and still I could only give you my very best legal opinion as to whether or not your might get to keep your house in your divorce.

We've already answered why in the paragraphs above.

If as your lawyer I can make varying arguments for you based upon existing laws, and make different arguments for you by advocating for changes in the law, and make even further arguments using clashing principles of law, or using different interpretations of the law, and I can even argue for you to get the house by addressing whether or not the facts in your case are the same or different from the cases used to establish whatever the law might say in such a situation, then can't your spouse's attorney do the same thing?  Absolutely!

This means you have two opposing sides with a wide ability to argue for either of your positions for the house.  Since a lawyer is an advocate and not the judge then the lawyer doesn't make the decision.  Therefore, unless I or the other attorney have a crystal ball that tells the future and gets it right every time, neither one of us can give a definite answer because we don't get to make the decision.  It's that simple.

In a Rhode Island divorce many lawyers are often asked questions that people want exact answers too.  It wouldn't be fair to you, or to any client, if I told you that the answer is "A" and then have the judge decide that the answer is "B" because he or she didn't agree with my arguments on your behalf no matter how convincing they may be.

Whether you are concerned about your house or riding lawnmower, it's helpful to remember that most of the time your lawyer is unable to give you a definite answer to your question because in the end either you and your spouse who decide by reaching a settlement agreement, or it's the judge who decides after a trial.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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

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

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

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

    - William  (Coventry, RI)

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

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

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

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

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

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

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

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

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

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

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

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

Authored By:

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

Call (401) 632-6976 Now for your low-cost consultation.
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Copyright 2008.  Christopher A. Pearsall, A New Rhode Island Divorce Lawyer for a New Millenium

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Why? 

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

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

Every divorce case is different.

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

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

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

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

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

Every divorce is different.

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

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

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

ANALOGY

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

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

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

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

Fairly similar, right? 

What's your price for an uncontested divorce? 

and

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

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

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

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

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

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

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

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

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

NEXT!

Authored By:

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

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

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law.
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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.
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If You Like Rhode Island Divorce Lawyers You Won't Like Me!

I'm a Rhode Island Divorce Lawyer and the title of this article is no joke.  Other Divorce Lawyers don't like me and frankly I don't like Divorce Lawyers period.  The truth be told, there is one.  Yes, one.  Divorce lawyer in all the Rhode Island Divorce and Family Law attorneys that I have had the opportunity to encounter in the past decade that I believe is morally and ethically worth retaining and has skills comparable to mine that make him worth hiring.

The black eye that attorneys have in the public eye, particularly Rhode Island Divorce Lawyers, is regrettably well-deserved.  I have had the intense displeasure to encounter attorneys who will

1)  directly lie to Rhode Island Family Court judges;
2)  knowingly allow their clients to commit perjury on the witness stand;
3)  allow their clients to fabricate documents that they know are fabricated;
4)  admit to opposing counsel that their client lied to the judge and then counsel recants the admission before the judge;
5)  double bill clients or bill clients for work not actually performed; and

the list goes on and on.  If I had to do it all over again I wouldn't be a lawyer.  It is sad to be where I am today and to be ashamed to be in the same profession as countless attorneys who only bring contempt and disrepute to what once may have been a noble profession.

Yet here I stand, me and one other attorney I know well enough to know he has integrity and moral fiber and represents his clients zealously, decently and charges an honest fee for his hard work and experience.

So if you like Rhode Island Divorce Lawyers, you won't like me.  There are few lawyers I have good things to say about and I won't comment  on any of them but I wish  you luck finding one with  integrity and your best interests at heart.

Am I saying that there are two white knights in Rhode Island fighting the right way for the public?  Yes, that's what I'm saying.  I'm saying we care.  I'm saying we follow the rules.  I'm saying we have ethics and we follow them.  I'm saying we work with you financially.  I'm saying that we have moral standards and we won't get make money hurting you or hurting children.  We do what's right this time and every time!

If you want to meet with me, great!  I'll tell you the truth. I'll explain the practicalities of Rhode Island Family Law and Divorce.  I'll quote you a fair rate and I'll fight tooth and nail for you as will the other "White Knight" I've left unmentioned.  If you're not happy with me . . . no problem.  I'm happy to confidentially give you the name of the other attorney who in my estimation is the cream of the crop hear in Rhode Island.

Do you want a reasonably priced lawyer with integrity? 

Feel free to call me and have a low-cost consultation.  Don't like my look?  My mannerisms?  My clothing?  My tone of voice?  That's okay.  I'll gladly give you the number and address of the other white knight trying to turn the opinion of Rhode Island Divorce lawyers around to bring a positive image back to Rhode Island Lawyers.

 

Authored By:

  Christopher A. Pearsall, Esquire
70 Dogwood Drive, Suite 304
West Warwick, RI 02893


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

Copyright 2008.  Christopher A. Pearsall, 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 |
Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | Chris Pearsall | Legal Scholar |
Pearsall Law Associates | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers