Rhode Island Divorce Lawyers | Affordable RI Divorce Lawyer Christopher A. Pearsall: RI Divorce Lawyers on Pro Se Individuals

RI Divorce Lawyers on Pro Se Individuals

August 27, 2011

RI Child Support - A RI Lawyer's Child Support Coaching Tip

Do you have an uncontested RI divorce in Rhode Island's Family Court? Or do you hope for one?

It's easy to make the same mistake some Rhode Island attorneys practicing divorce make, namely that joint physical placement of your children so that you each have the child or children exactly 50% of the time means that neither parent pays child support to the other parent.

The Rhode Island Child Support Guidelines are available to everyone at the Rhode Island Family Court Domestic Relations Clerk's desk/office. Even a quick read of Rhode Island's Guidelines is informative and would put you on notice that while it is "possible" that there would be no child support payable from either parent to the other in such circumstances, it is just as possible that child support will still be payable to the lesser earning parent in the Rhode Island divorce or Child support proceedings.

Why is that the case in Rhode Island?

Generally speaking it's not about you as the parent, it's about the children. In a joint physical placement situation Rhode Island's Family Court Administrative Order 2002-03 which forms the substance of the Rhode Island Child Support Guidelines provides as follows in Joint/Shared Physical Custody situations,

In light of the unique nature of an individual joint or shared physical custody arrangement, the Court should exercise its discretion to determine an equitable child support obligation in accordance with the 2002 Monthly Basic Child Support Obligations Schedule and Child Support Guideline Worksheet.

Therefore, the Rhode Island Family Court Judge assigned to your case has a considerable amount of discretion when it comes to the support for your children. It is NOT simply that by having your child(ren) half of the time that you automatically cancel out Rhode Island child support.

So what might the Rhode Island Family Court Judge do in your particular case. Since each case is based on the facts and no two cases are identical, there is no real prediction that I, or any other Rhode Island attorney could make regarding any child support you may or may not have to pay. However, reasonable speculation is possible by an experienced professional who hears the facts and determines what the possibilities might hold from the court's point of view.

So, in the first instance in any Rhode Island family court proceeding involving child support under the RI Child Support Guidelines, it is best to know that (1) having joint/shared physical custody of your children with the mother of the child(ren) does not mean "No Child Support.", and (2) the Court judge on your case has discretion in determining how much child support, if any, should be paid by one parent to the other parent when considering the best interests of the Minor Child(ren), and (3) it is still helpful in the long run to meet with a divorce lawyer who regularly has practiced Rhode Island divorce and family law to find out what a Court judge might possibly do regarding Rhode Island Child Support given your particular factual circumstances for a Rhode Island Child Support Order so that you and be adequately prepared for possible outcomes.

Ultimately, don't make the mistake of thinking that simply because you get the other parent to agree to joint/shared physical custody of the child(ren) that you won't have to pay any child support. If you make that assumption you may find yourself sitting before a Rhode Island judge who suddenly orders you to pay hundreds per month to the mother of the child(ren) and now you have to pick your chin off the floor because you planned on using those monies for something else.

Need to plan for the possibilities or prepare for the worst?

Call for a Rhode Island Child Support Advice and Coaching Session NOW!

One hour for only $135 could save you thousands of dollars of headaches!

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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August 09, 2011

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!

- - Recommended Websites - -

Posted by Attorney Christopher A. Pearsall on August 09, 2011 at 04:50 PM in Affordable Rhode Island Divorce Lawyers, Be Your Own RI Divorce Lawyer, Divorce Decisions, Pro Se - It's the New RI Way!, Representing Yourself in Your RI Divorce, RI Divorce Lawyers on Divorce Lawyers, RI Divorce Lawyers on Lawyers Fees, RI Divorce Lawyers on Pro Se Individuals, RI Uncontested Divorces | Permalink | Comments (0) | TrackBack (0)

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April 01, 2011

When Do Marital Property Claims End in a Rhode Island Divorce?

Question from Alfred:

I went through that Nominal Hearing and my wife and I settled everything in our Property Settlement Agreement that we gave to the judge at our hearing. I had a chance to buy into a great business so I did it. That business is a major money maker and my partner and I are doing great in just our first month. Now my wife is claiming she is entitled to half of my interest in that business. My lawyer says that isn't correct and she can't touch it. What do you think Chris?

Answer to Alfred:

Well, Alfred there are a few details missing but I will try to answer appropriately. If your Property Settlement Agreement doesn't include a clause in which your wife waives any interest she may have in after-acquired property that you may purchase then you are going to have a problem. According to case law, marital assets are divisible by the court right up until the date the that the Final Judgment is signed. Therefore, if you don't have an "after acquired property clause" to rely upon and ask the court to enforce and take into consideration from your Property Settlement Agreement, then if you purchased this new business interest and operated that business with anything other than monies you borrowed, monies you were gifted from a third-party, monies you inherited, or monies you received which were determined to be a premarital asset or from the sale of a premarital asset, then your wife does have a right to make a claim to part of your business interest or your income from this new business.

Hopefully there is an "after-acquired" property clause in your Property Settlement Agreement because a judge may well balance the equity of giving your wife any of that interest against her contractual waiver or any such interest voluntarily. Even though a judge's order will trump any contractual provision in your Property Settlement Agreement, your family court judge may take into consideration the conduct of the parties during the course of the marriage, including your wife's voluntary waiver of any interest in anything you purchase after she signed the Property Settlement Agreement and find that the only equitable thing to do is to deny your wife any part of the business.

If you need further clarity please call and set up an in depth coaching session with me so I can give you an even more direct response to your question and get more facts. It certainly sounds as though your new business is certainly worth one hour and the nominal $135 fee for the one hour appointment to protect your new business. You can never be too safe in cases like these.

Remember, my response is only my best guestimation based upon only the information you provided and any number of answers to a few additional questions may change the information provided here.

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!

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February 11, 2011

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!

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July 16, 2010

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.

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November 25, 2008

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What could this mean for Mr. Lawyers?

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

What monetary difference could this make to Mr. Lawyers?

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

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

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

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

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

Authored By:

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

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

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Posted by Attorney Christopher A. Pearsall on November 25, 2008 at 03:59 AM in RI Divorce Lawyers & Practice Philosophies, RI Divorce Lawyers & Spousal Support, RI Divorce Lawyers on Alimony, RI Divorce Lawyers on Legal Separation, RI Divorce Lawyers on Pro Se Individuals, RI Divorce Lawyers on Questions, RI Divorce Lawyers on Settlements, RI Divorce Lawyers on Trials & Hearings | Permalink | Comments (0) | TrackBack (0)

November 23, 2008

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

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

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

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

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

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

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

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

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

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

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

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

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

Posted by Attorney Christopher A. Pearsall on November 23, 2008 at 05:47 AM in RI Divorce Lawyers on Alimony, RI Divorce Lawyers on Pro Se Individuals, RI Divorce Lawyers on Questions, RI Divorce Lawyers on Settlements, RI Divorce Lawyers on Trials & Hearings | Permalink | Comments (0) | TrackBack (0)

August 17, 2008

A Tip from one of Rhode Island's Divorce Lawyers. The Four (4) Major Factors!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Embrace it and Live for You!

Authored By:

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

Call (401) 632-6976 Now for your low-cost consultation.
from
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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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Posted by Attorney Christopher A. Pearsall on August 17, 2008 at 05:26 PM in RI Divorce Lawyers on Alimony, RI Divorce Lawyers on Assets, RI Divorce Lawyers on Child Custody, RI Divorce Lawyers on Child Placement, RI Divorce Lawyers on Child Support, RI Divorce Lawyers on Debts, RI Divorce Lawyers on Equitable Distribution, RI Divorce Lawyers on Marital Assets, RI Divorce Lawyers on Pro Se Individuals | Permalink | Comments (0) | TrackBack (0)

August 11, 2008

RI Lawyers Should Know We Have Fault Divorce Grounds!

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

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law.
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Posted by Attorney Christopher A. Pearsall on August 11, 2008 at 10:44 AM in RI Divorce Lawyers on Addictions, RI Divorce Lawyers on Affairs, RI Divorce Lawyers on Domestic Abuse, RI Divorce Lawyers on Pro Se Individuals, RI Divorce Lawyers on Questions | Permalink | Comments (0) | TrackBack (0)

August 05, 2008

Child Support in Rhode Island can be Problematic!

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.

Posted by Attorney Christopher A. Pearsall on August 05, 2008 at 06:00 AM in RI Divorce Lawyers on Child Placement, RI Divorce Lawyers on Child Support, RI Divorce Lawyers on Childcare Expenses, RI Divorce Lawyers on Motions, RI Divorce Lawyers on Pro Se Individuals, RI Divorce Lawyers on Questions, RI Divorce Lawyers on Trials & Hearings | Permalink | Comments (0) | TrackBack (0)

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