February 2007 Archives

As a Rhode Island lawyer focusing my practice in the areas of divorce and family law there is something I here quite frequently from fathers who are seeking representation for their Rhode Island child support issues.  It can be summed up in one statement that I hear repeated often,

"I shouldn't have to pay all this child support to her when I don't even get my visitation."

Child support and visitation for Rhode Island fathers are separate and distinct issues.  When you pay child support as the father of a child you are paying what the Rhode Island family court has deemed is your fair share for the needs of your child.  These things include food, clothing, shelter, child care, medical needs, basic necessities, etc.

Fathers need to understand that regardless of whether they get their visitation or not through the mother of the child, that you are not paying for visitation.  The two issues are separate and distinct.

Child support is not something that a father may, or should, withhold simply because he is not getting his visitation.  While it is logically understandable from a father's point of view because it may be the only "leverage" the father can think of to create compliance with his visitation rights, it can have drastic consequences.

A father who withholds court ordered child support in order to force his wife, ex-spouse or the mother of his child(ren) to comply with visitation, may quickly find that he is found in contempt by the court and held at the ACI until he complies with the court's order.

If the mother of your child(ren) is not complying with a visitation order, it is never advisable to withhold child support.  A father who is denied his court ordered visitation is, generally speaking better off filing a Motion to Adjudge the mother in contempt for denial of his visitation rights.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

Though not specifically addressed within the realm of a Rhode Island divorce proceeding, a particular issue has raised its head several times in my practice over the years in the form more of a particular factual set of circumstances rather than as a direct legal issue itself.

A recent call presented this scenario from a Rhode Island lawyer and colleague who was endeavoring to assist clients with a predictament.  It went something like this.

Two parents who have not yet become a divorce statistic have moved across the country.  Their minor child has remained with a friend (unrelated by blood or marriage to either parent) here in Rhode Island to provide consistency with the child remaining in his current school system, etc.  The parents would like to have the child remain with the friend through the remainder of his or her schooling.  The friend is presumably agreeable to his as long as the parents continue to provide the financial support necessary for the child and that the friend is not held responsible for any liability of the child.  The friend also needs the authority to be able to act in the best interests of the child and take legal action as necessary to enroll the child in programs, receive confidential health care information regarding the child, etc...

This of course causes a variety of questions to arise that the colleague wanted my input on.  The general question was, how should this be done properly (i.e. legally) to be able to accomplish what they would like to do.

The tremendous number of Rhode Island family law questions that this factual situation presents is  remarkable and therefore, I will end this particular blog post with the questions it raises rather than simply providing the answer I believe is appropriate under the circumstances.

Now you may be saying.... huh . . . Chris, what the heck are you doing?  This is a Rhode Island Divorce Tips blog.  What you've set your self up for is to give us TIPS and HELP on these issues, not to give us the darn questions and have us figure it out for ourselves!

This may or may not be a semi-useless exercise but it is one that I wanted to try.  True, this is a Rhode Island Divorce Tips blog and that it is my intention to give at least some general guidance regarding the issues presented as opposed to any specific legal advice.  Yet the one common thread that I have found in writing this Rhode Island divorce and family law blog is that when people contact me about these issues they rarely appreciate the nature and depth of the issues or the true value that are getting by some insight from a legal professional who is trying to assist in the understanding of these issues.

In truth, it seems that Rhode Islanders, divorce and family law clients, and even other Rhode Island lawyers who don't practice in the areas of divorce and family law have a greater appreciation of the the depth and complexity of these legal problems and issues if they at least consider the questions. . . .or by considering the number and type of questions that present themselves to a legal practitioner when he or she either endeavors to provide some helpful information on a Rhode Island legal issue
relating to divorce and family law.

Ultimately, is you consider the Rhode divorce and family law questions presented before receiving the answer directly, you gain a better understanding and appreciation of what legal professionals offer in their services and perhaps why their education is so costly which often necessitates rates that seem out of whack with today's minimum wage.

All this digression from the topic aside, consider these various questions that this scenario presents:

1.  Can an unrelated person be given legal authority over all aspects of their minor child's life?

2.  Can custodial rights be given or assigned to another person?

3.  What are the bodies of rights that a parent has with respect to a child?

4.  How would you absolve people who take in your child from any liability for decisions relating to your child?

5.  If you have your child stay with an unrelated person iin a particular school district n order to keep the child in a particular school system, is this perpetrating a fraud upon the school department.

6.  If you can place your minor child with another person voluntarily and you do so, what are your obligations to support that minor child?

7.  If place your minor child with an unrelated person voluntarily and with the person's consent and agree to continue to support the child but assign the child's care to that unrelated person, who is responsible for the minor child's transgressions if he or she decides to damage school property?

The questions are truly endless.  What are your thoughts?  I'd really like to know before revealing my solution to this particular family law inquiry.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

Rhode Island Divorce mediation is not a new concept.  It may or may not be of benefit to you in your spouse in resolving your divorce issues.

Divorce mediation typically involves you and your spouse agreeing that you will sit down with a third party as a mediator in an effort to reach an agreement that is acceptable to both spouses for the resolution of the divorce . . . or perhaps better referred to as the settlement of the marriage.

It remains controversial as to whether the mediator must be an attorney or whether another third-party good at negotiating solutions to family issues is sufficient.   From the perspective of a Rhode Island lawyer who focuses his legal practice in the areas of Rhode Island divorce and family law I can see the pros and cons of using either. . . . and they are significant.

Consider this one example:

You and your spouse either know or agree that you will get divorced.  Your spouse suggests that you can reach an amicable resolution by sitting down with a Rhode Island marriage and family counselor who has had success in helping couples find common ground deciding what to do to finalize their divorce.

You and your spouse go to this Rhode Island marriage and family counselor.  A portion of the mediation session goes like this.

Counselor: [To Both of You] Now, I know this divorce isn't going to be easy for either of you but you both need to be able to survive and move forward with your lives after this is over, wouldn't you agree.

Parties:  [Both nodding]

Counselor [to You] :  Okay.  Now I understand that you've been the main earner in the household, is that right?

You:  Yes, that's correct.

Counselor [to Your Spouse]:  And you work part-time to help out with the expenses when needed but you mainly use the money you make for your own personal spending money, is that right?

Your Spouse:  Yes, that's about right.

Counselor [to You]:  Now you have a college degree, is that right?

You:  Yes

Your Spouse:  And I have my high school diploma.

Counselor:  And how long have you two been married?

Your Spouse:  We've been together for 15 years and married for almost 12 years of that time.

Counselor:   And during that time,  who has been making what portion of the income for the most part?

You:  I've made about 80 to 85% of our income.

Your Spouse:  And I've made the remaining part.  I think that is a pretty good estimate.

Counselor:  Now in my experience only uncivilized and vindictive people go through a divorce and try to hurt their spouse.  I don't think either of you fall into that group because you're here meeting with me today, is that fair to say.

Both You and Your Spouse:  Yes.

Counselor [To You]:  Okay  . . . now you understand that your spouse is going to have a much harder time financially to make a go of it without your income, right?

You:  Well, yes.

Counselor [To You]:  And it's no secret that your spouse has been relying on you financially for the past 12 years to survive, right?

You:  I guess so.

Counselor:  Well, here you are getting ready to go through your divorce here in Rhode Island and it's important that we agree regarding the things we're discussing here today so it's important that we are sure about thing that we agree on so it's better if we don't guess.  Has your spouse been providing mostly for her own support for the past 12 years?

You:  No.

Counselor:  Has your spouse been relying upon someone else other than herself for her financial needs?

You:  Yes.

Counselor:  Okay, can you give me that person's name and address.

You:  Well, that person is me!

Counselor:  Oh... there isn't anyone else?

You:  Not that I know of.

Counselor [To Your Spouse]:  Well, is there anyone else that you've been relying on for your financial needs?

Your Spouse:  No.

Counselor [To You]:  So is it fair to say that your spouse has been relying on you these past 12 years?

You:  Yes.

Counselor [To Both of You]:  Now you both realize that your divorce is going to change that, right?

You and Your Spouse:  Yes we do.

Counselor [To Both of You]:  And you both realize that your spouse is going to need to survive financially after this divorce, don't you.

You and Your Spouse:  That makes sense.

Counselor [To Your Spouse]:  Now you probably figured out already that you're probably going to have to work on a full-time basis and take care of yourself after this divorce is done.  Have you considered that?

Your Spouse:  Yes.

Counselor [To You]:  And you've probably figured out that you're probably going to have to help your spouse financially for a time, right?

You:  What?!?

Counselor [To You]:  Well, your spouse has been relying on you for 12 years.  We just talked about that a minute ago, correct?

You:  Yeah.  What's your point?

Counselor [To You]:  And you agreed that you both need to be able to survive financially and be able to move on  with your lives after this, right?

You:  Yes I did, but. . . [trailing off]

Counselor [To You]:  You didn't expect that you were going to support your spouse for 12 years and then just get a divorce and the family court would just let you walk away did you? 

I mean . . . this is 12 years you've been doing this for your spouse.  Doesn't it make sense that the Rhode Island family court is likely to tell you that you'll need to provide some financial support to your spouse for a bit longer so there is time to recover financially?

You:  Well I didn't think I'd have to pay . . .

Counselor:  But it makes sense,  doesn't it?  You supported your spouse for 12 years or more  and you are the one that makes most of the money.  Your spouse needs a little bit of time, probably a couple of years, to adjust to this huge change, get new job skills, work up to a full-time job and perhaps develop skills for another job.

You:  Yeah but. . . [thinking]

Counselor:  So you need to be prepared to help out for some period of time, it's only fair isn't it?

You:  I suppose so.

Counselor:  Now you've built up a pretty sizeable retirement account, do I have that down right?

You:  Yes . . . I think iw was about $175,000.00 as of the last statement.

Your  Spouse:  Let's keep in mind that there's some infidelity here.

You:  Well you drove me to it.  If you weren't so cold and distant I wouldn't have had to find someone who cared and could give me what I needed.

Counselor:  Okay . . . let's remember that this isn't to try to resolve all of your personal issues, this divorces mediation session is for us to see what affect all of these things have had on you and how we can work out an agreement for your divorce.  The idea is, what can we mutually agree upon so that we can help you move forward with each of your own separate lives after this is all over.

Your Spouse:  But that's what this divorce is all about?

Counselor:  I can completely understand that you feel that way, and if I didn't know better I'd probably agree with you, yet in the end this is all about a relationship that has broken down and can't be fixed.  When that happens people go through a legal divorce proceeding.  What we're here about today and what you both hired me to do is to try to see if we can reach some common  ground to go your separate ways fairly.

Your Spouse:  Well, I want it all.

You:  All of it?

Your Spouse:  I think it's only fair since you cheated on me. 

You:   Are you crazy?

Your Spouse:  You should have thought of that before finding another bed to sleep in.

Counselor:  [Interrupting the squabbling] Are we done?

You and Your Spouse:  Done?  What are you talking about?

Counselor:  We're done, right?  You two just want to hurt each other so we're done, right?  I've earned my fee and you can go into court and just scream at each other.

You and Your Spouse:  No... [you] .     No.  [your spouse].

Counselor:  Then let's look at things here.  Is this a fault divorce?

Your Spouse:  No it's not.  My attorney says I should file based on irreconcilable differences.  But I deserve something.

Counselor [To Your Spouse]:  Well perhaps that's true yet isn't ALL of it a bit much?

Your Spouse:  Not to me.

Counselor [To Your Spouse]:  Okay... you say that you were cheated on, right?

Your Spouse:  Yes I do.

You:  It's not true though!! [very defensively].

Counselor:  Okay, I'm not going to agree if it's true or not, but assuming it is true just for the sake of argument, how much did this affair... affect the value of the $175,000 retirement plan?

Your Spouse:  How much did it affect the retirement plan?

Counselor:  Yes. 

Your Spouse:  It didn't.

Counselor[To Your Spouse]:  It didn't affect the retirement account at all?

Your Spouse:  No.

Counselor [To Your Spouse]:  Then why are you asking for all of it?

Your Spouse:  Because I deserve it!!

Counselor [To Your Spouse]:  Why?

Your Spouse:  Because of the affair?

Counselor:  So what you are saying is that if you were originally entitled to 1/2 of the retirement account that you are entitled to the other $87,500 because you were cheated on.

Your Spouse:  [Hesitating]  Well. . . . yes that's what I'm saying.

You:  I did not cheat on you or have any affair!

Counselor:  [Interrupting again] . . . You're hurt.  I understand that.  And maybe that is worth something financially . . . yet it just doesn't seem quite reasonable to ask for the whole retirement account when you even say yourself that the affair didn't hurt the retirement account or your part of it.  A judge might give you half or a little more but I don't think a judge would give you all of it.

[Silence as Counselor thinks...]

Counselor [To Your Spouse]:  Assuming just for the sake of argument that there was an affair and no damage was done to the retirement account as you've already said, what do you think is reasonable to ask a judge for.

Your Spouse:  I don't know.  I'm not a judge.

Counselor:  Well what does any affair have to do with all the hard work and deposits that are made into a retirement account if you were to get 1/2 of it right off the bat?

Your Spouse:  Well it doesn't have anything to do with it when you put it that way.

Counselor [To Your Spouse]:  Okay, well we've agreed that you will need some financial help for a bit of time to get on your feet.  Keeping that in  mind, how much of the retirement plan would you agree to take in order to resolve this issue and get on with your life?

Your Spouse:  75 percent.

You:  You are kidding me.  For an affair I didn't even have?!?

Counselor [To You]:  So that isn't acceptable to you, right?

You:  No!  That's robbing me.

Counselor [To Your Spouse]:  Okay, is there a lesser amount that you might consider.

Your Spouse:  Sure.  Give me the whole thing and I won't take anything from you to get by until I get on my feet.

Counselor [To You]:  What do you think of that?

You:  [Thinking]

Your Spouse:  Otherwise I'm going to go to court and ask for financial help for the next five (5) years plus 75% of your retirement.

You:  [Frustrated] ..... Fine.

Counselor [To You]:  Fine to what?

You:  [Still Frustrated]:  If I don't have to give her any extra financial help then she can have the entire retirement account.

Counselor [To You]:  Are you sure?  We're going to set this down in stone so this needs to be firm that you absolutely agree to this.

You:  Yes... yes... yes... I agree.  Let's move on.

In this Rhode Island Divorce mediation setting you can see the interpersonal skills of the Marriage and Family Counselor at work.  The mediator tries to work with each party, keeps him or her focused on the issues at hand using excellent personal relationship skills and discusses the various positions without taking the side of either party.  Logic and common sense are a part of the dialogue yet he or she does not use legal arguments.  The parties are drawn together toward a resolution that each agrees upon that the parties agree will be committed to paper and signed as a resolution of their divorce issues.

The pros of a third-party divorce mediator with counseling and/or psychological skills but who is not law trained are seen mostly in the method used by the mediator/counselor to bring the parties together by agreeing in part with each of their positions, providing understanding and also redirecting the party to another way of thinking about a situation without taking on the role of being an advocate for the other party.

The con of using a third-party divorce mediator who is not law trained is the lack of practical family court experience and knowledge of the process.  In this particular case, an attorney acting as a mediator for a divorcing couple would be inclined to call to Your attention that alimony in Rhode Island is rehabilitative in nature, may be very limited in time or scope and is also dependent upon Your income and other assets that may be available from the marital estate.  This is something a third-party divorce mediator will not usually undertake since the objective of a mediator in this instance is simply to reach an agreeable result and not necessarily achieve a fair result based upon how a Rhode Island family court judge is likely to rule.

The pros of using a law trained mediator are obviously the cons of the third-party counseling divorce mediator.  Law trained mediators (such as lawyers focusing their practice in divorce and family law) bring with them the realistic and practical real world results that come from seeing actual cases before the court.  This would seemingly lead to a more equitable result or perhaps a result that is more in accord with a result that you might receive from a Rhode Island Family Court Judge presiding over your divorce.  Agreements by law trained mediators are more likely to encompass a whole agreement which is dependent upon each of it's components (i.e. it is a package deal) in order to work as opposed to a bunch of individual elements that are segregated and agreed to one at a time.

The con of using a Rhode Island law trained mediator (i.e. Rhode Island Family Law Mediator) is the lack of any formalized counseling and/or psychological training which helps to facilitate the atmosphere where the parties are drawn together to reach agreement.

If at all possible a Rhode Island law trained mediator who is regularly practices before the Rhode Island Divorce and family court system and also has background in counseling and/or psychology is perhaps the best bet both for reaching an agreement generally and in particular for reaching an agreement that is an accordance what a Rhode Island Family Court judge is likely to order.

It's amazing that most Americans haven't heard of preventive legal plans. I'm not sure if other attorneys are keeping them a secret because they think they might lose business or what the story might be.   Yet I know that for legal situations they are the best savings and protection that people can get for their dollar.

According to the National Resource Center for Consumers of Legal Services and American Hospital Association, you are three times more likely to become involved in a legal situation than you are to be hospitalized.  In 1997, 33 million hospitalizations were reported in the United States compared to over 100 MILLION lawsuits were filed that year.  It's Incredible!; You are 3 times more likely to end up in court than you are to end up in the hospital.

Really the best way to understand a preventative legal membership plan is that it does for attorney and legal bills what an HMO (Health Maintenance Organization) does for doctor and hospital bills.  Consider these real figures.  The national average is that attorneys want an up front $1,500 retainer and $194 per hour.  Who can afford that?  Who should have to?  Being upfront, I couldn't even afford myself and I'm in this business.

If you had a legal problem today, what would you do?

Could you afford a a qualified attorney?

Here's an example.  I know this real doctor.   We'll call him Dr. Alfred. Dr. Alfred worked hard all his life and he was good at saving money and never had to use a lawyer except for real estate purchases.   By age 69 Dr. Alfred had amassed about $1,750,000 in assets for his retirement.  Along came his son-in-law with this great business idea.   He trusted his son-in-law who presented him with a document to sign so they could be business partners. Dr. Alfred was excited and signed the paper.   Three years later Dr. Alfred and lost all his real estate, $1,500,000 in his cash reserves that his son-in-law had drained from his bank accounts and had spent $100,000 in legal fees to fight a lawsuit brought by his son-in-law to discredit and bankrupt Dr. Alfred.

If Dr. Alfred had owned a Pre-Paid Legal Insurance Plan that offered a legal discount he could have used his Pre-Paid Legal plan attorney in his state, discovered that the paper he gave his son-in-law afforded the son-in-law unlimited power over his assets and the attorney could have prevented Dr. Alfred from being reduced to $50,000 in assets for his whole life's efforts.

Think about it.  A single document destroyed Dr. Alfred's life savings and retirement.   Don't think it could happen to you?  Think again.

Should you consider getting a preventative legal plan?   Consider this.

You have health insurance but you don't PLAN on getting sick today, right?

You have automobile insurance but you don't PLAN on going out and having an accident today, right?

You have homeowners insurance but you don't plan to burn your house down today, right?

You have life insurance but you don't PLAN on going out and dying today, correct?

No doubt you got these insurances to protect your loved ones and your assets in case disaster strikes.

And disaster strikes without warning to thousands of people every single minute of every single day without warning. The time to prepare is not AFTER they have happened!   That is too late.  The time to protect yourself is NOW and that is why there is such a great need for these types of plans.

So in a country where you are 3 times more likely to be in court than you are to be hospitalized, doesn't it make sense to have a preventive legal plan?

The great thing about a preventive legal plan is that it covers ALL FOUR of your other protections!

Now, not all plans cover divorces or family court matters but many of them do, even if they give you a 25% discount on an attorney's services for the nominal monthly fee that is charged, isn't it worth it?   Imagine saving $50 PER HOUR on a $200 PER HOUR attorney.  Just 20 hours saves you $1,000 right there.

Legal plans aren't perfect.   They have their drawbacks as well as their benefits but that's a blog article for another day.   For many people, legal plans are just what the doctor ordered be it for divorce, family law and other types of cases.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

Are the family courts slanted against fathers?  The answer may not seem as simple as one may first think.  Obviously, a divorce and the disassembly of the family unit has to, by necessity, result in the separation of living arrangements for children and their parents, as well as an increased financial strain on the parties and an acceptance of a lowering of the standard of living which the family unit had come to enjoy while it was still intact.

It may strike many men as ironic that a culture such as ours, where women enjoy the many hard-won rights of equality and recognition as equals of their male counterparts, suddenly reverts back to the archaic position where woman are considered the only naturally qualified caregivers of children and therefore, entitled, merely by their gender, to have placement and primary care-giving rights to their children, trumping the rights of fathers.  Many of these fathers, previous to the break-up of their families, took active roles in parenting and care-giving, in addition to providing income for the sustenance of the family.  The mothers of these children may have also had jobs outside the chores of the home, or they may have stayed at home in a capacity of what is now colloquially known as “Stay-at-Home Moms”.

Those women, who have stayed at home to provide particularized parenting and individual attention to the children of the family, have a compelling argument to, not only have primary placement, but to have the father continue to financially bear the entire burden of the expenses associated with the children and herself as well.   She would argue that her services are indispensable to the continued welfare of the children and her primary function was traditionally to care for the children and not to earn income for the family.  By implication, she would argue, this arrangement should not change merely because of a divorce.

Dissimilarly, so-called working mothers will also argue that they should be deemed the primary caretakers and awarded placement of the children. While their argument, that they should not have to provide a source of income toward the maintenance of the children, will be diminished (especially the older the minor children are and the longer they have worked outside the home), their traditional roles of cooking, cleaning, laundry and being the tender hands of motherhood, will come flooding back to elevate their argument to a pedestal which still elicits a knee-jerk reaction to the hallowed image of mother and child.  A culture that has touted itself as democratic when it comes to the need of children, and the equal importance of having both parents participate in the upbringing of children, backpedals drastically in the context of a divorce and allocates an unfair advantage to women.

So what is a father, contemplating separation from his children, to do?  Change the system?  Not likely.  Cry foul?  Unhelpful.  Understand and work within it, arguing for as much participation in his children’s lives as possible and also, as much financial accountability from the children’s mother as well?  Yes.  And know the law.  Know the possibilities.  And be realistic. 

The problem needs to be broken into components: custody, placement, visitation and child support.  Each of these topics is dealt with separately by the courts and each issue is not necessarily a foregone conclusion.  Each case is factually driven, dependent upon the judge who hears it, and reliant upon the attitude of the parties and the representation of the attorneys who represent them.  Know the law and the arguments on behalf of fathers.

Norbara L Octeau, Attorney-at-Law
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

If you are going through a divorce in the Rhode Island Family Court system then the bank account(s) you have either jointly or individually with your spouse may be one of the first subjects that is addressed whether you like it or not.

Both husbands and wives who are contemplating divorce from their spouse will generally have as one of their main concerns the bank accounts.  This is for any number of reasons.  The first reason is because it is likely to be the primary source of any immediately liquid financial resources to pay a divorce attorney to get your through the family court process.  The second reason may be because it is this source of funds that is used for the payment of marital and/or family obligations and that without those funds the bills simply won't get paid or the children won't have food to eat.  The third reason may be that one spouse is simply afraid that the other spouse is going to lock them out of the bank account and/or take "their half" of the money and it will never be seen again.

Perhaps one of the most often questions that is presented in the course of my divorce consultations with prospective clients is this, "The account is in both or our names.  I'm worried my husband (or wife) will file for divorce and take all the money.  What should I do?"

Technically speaking, before the divorce proceeding is filed the money belongs to both persons on a joint bank account equally.  In otherwords, you both have a 100% right to the monies in that account (absent other extenuating circumstances that may provide an argument to the contrary).  Therefore, if either of you take all the monies out of the bank, you have not committed any wrongdoing.  That is not to say, however, that you then have a right to all of that money or that you will not have to account for it later.

Rhode Island laws regarding divorce follow the principle of equitable distribution.  Although this does not always mean equal distribution between the parties, this is generally where most judges start in a divorce case.    Assuming that this is where most judges will start, it is not unusual nor unfair that a divorce lawyer will counsel his or her client to remove only half of the monies in a joint account to protected himself or herself from being divested of all the monies by the other spouse.  This, however, should come with a caveat as well.  A divorce lawyer giving this advice is usually NOT saying that when you remove half of the monies in the marital bank account that you are entitled to keep those funds, or that you will not have to account for them or that you won't have to give all or a portion of those monies back or provide for an offset for those funds to settle your case.

Once the divorce case is filed, the bank accounts in the name of either you or your spouse are essentially to be considered "frozen" with the exception of the payment of those costs and expenses that are typically paid from those funds on a regular basis.   A divorce attorney therefore may give you this advice not to give you a financial windfall but rather as a protective measure.  There are instances, however, when the money may normally be used without any adverse action by the family court.

You should always consult your divorce lawyer regarding what you can and cannot do with the monies you withdraw from any bank account even before the filing of divorce.  Though no orders truly control what you can and cannot do with monies you withdraw that you are lawfully entitled to, the opposing party can use your spending conduct against you with some judges and do some permanent damage to your case by tipping the judge in favor of your spouse.

Authored by:

Christopher A. Pearsall, Attorney-at-Law
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910

Recently I heard the term "legal whore" mentioned in the context of Rhode Island divorce attorneys.  I let it pass and didn't think much of it until I heard it again from someone else in the same context.  For whatever reason, the term kept haunting me because frankly, I didn't know what it meant.

Perhaps I am naive as Rhode Island attorneys go or perhaps it is a new slang or a concept in the legal vernacular that I simply hadn''t been exposed to.  To my surprise, I found what I believe to be what was being discussed on those two occasions.

To be clear, I did not create this definition, or coin it, or do anything other than discover it in the course of trying to place the term in the context of conversations that I have only partially overheard.

My reasoning and questioning has lead me to the conclusion that a "legal whore" as referred to in the conversations I heard in Rhode Island is a Rhode Island attorney who will do virtually anything for money provided the conduct does not directly violate the letter of the Rhode Island Professional Rules of Professional Conduct.

The idea here is that if a reasoned argument can be made by the attorney that he or she has not violated the rules of professional conduct, then the attorney's actions are justifiable even if they are offensive to others or morally reprehensible to the average person.

The phrase struck a nerve with me and actually has more significance than I would have imagined.  In general that argument can be made that a legal whore is a legal practitioner who will screw anyone over for money provided they don't . . . for lack of a better phrase . . . get caught with something . . . or as the analogy would suggest . . . "catch something".

I have a case right now that strikes a chord with me.  I represent a good client.  This client had a child with her ex-husband.  Generally, this man strikes me as control freak hell bent on having things the way he wants them, regardless of the cost or the damage he leaves in his wake.  For going on a decade this ex-husband has hired Rhode Island family court lawyers one after the other to haul this poor woman back into court to try to have her adjudged in contempt and sent to the ACI.

In the last court volley, this mother agreed to a substantial concession of child support which I estimate may have been as much as $8,000 in order to end this chaos and stop the all frustration to her and aggravation to their child who is more than old enough to understand that her dad is just trying to hurt her mom.

In the last order, it was agreed that the standard would be that the father would be given about two weeks notice of any changes in visitation for the given month.  The order also provides that if any visitation is missed, that it shall reasonably be made up within that year. Keep in mind that the father lives several states away (approximately 4 hours of driving one way).  The same attorney has been on the case for the father for the past few years and has argued adamantly for his client, though this Rhode Island attorney is well aware of the father's intentions.  In each instance the attorney has argued that his client has an "arguable basis" for every motion that has been pressed and that as a Rhode Island attorney he or she has the obligation to make any such arguments for the client.

One particular visitation involved both scheduling and transportation problems that arose after the two week period noted in the Order.  The father himself expressed to the child and the mother (my client) that "this could be the visitation weekend that she misses and makes up later in the year".

Several weeks later the father denies making the statement, claims he wasn't given the two weeks notice and now is having his attorney press a motion to adjudge the mother in willful contempt and to either fine her or sentence her to the ACI to teach her a lesson.  The father has apparently expressed directly to the child that this is precisely what he is doing to the mother but as he has done in the past, he will take the stand in court and make a vehement and convincing denial that he ever said anything.

Without question I have not difficulty expressing that I have no respect or compassion for fathers who act in such a destructive manner more than a decade after the divorce is over.  However, it is even more troubling to know that the attorneys who represent this man do so under the guise that they are protected by the Rhode Island Rules of Professional Conduct.  In circumstances such as these an attorney is not prevented from taking on such a case nor are they curbed from their zealous advocacy for their client, but rather the Rhode Island Rules of Professional Conduct actually impose a duty of zealous advocacy on the attorney for any matter that he or she chooses to undertake, provided there is an arguable basis in fact, in law, or by a reasonable argument for he modification of existing law.

A Rhode Island Divorce or Family Law attorney may then, if he or she finds any arguable basis whatsoever, no matter how small, must advocate zealously for the rights of his or her client if he or she undertakes the representation of the client in the matter.

The most troubling factors here are two-fold.  First, as attorneys we have the right to refuse cases.  This is our livelihood and we may accept and reject the cases we want to handle.  So, in the first instance it becomes a matter of choice to the attorney.  Now, it is perhaps understandable that an attorney might first undertake a client in what appears to be a noble, warranted or just cause at a time when the attorney is not aware of all the facts and circumstances.  In these instances I believe it would be improper to refer to those attorneys as either disreputable or as "legal whores" as has been mentioned as the topic of this blog article.

The difficulty arises as to the reputation and character of the attorney when he or she continues to represent a client who, although he or she may have an arguable claim, is not injured by the alleged wrong and is simply raising the issue to injure another party.

What then is the attorney to do?

The Professional Rules of Ethical Conduct would allow the attorney to continue the representation and continue being paid (the attorney's motivation) or to determine if the attorney finds the client's conduct of such a nature that he or she finds the action being instructed by the client to be morally offensive or repugnant, such that he or she moves to withdraw from the case.

So what then is a legal whore?  Alas, Mr. Webster has not advanced his wisdom thus far and so I am left to speculate as to what it is to my own mind.

It is perhaps that a legal whore is an attorney, who advances a course of action for his client for a purpose other than securing the client's alleged rights, but knowing full well that the intention of the client is to achieve some other agenda (i.e. punishing another person by sending them to the ACI to teach them a lesson) and not simply for the purpose of achieving what he or she asserts in their court filings is, his or her client's rights.

I can find nothing more insulting to the legal professional that propagates the common conception that attorneys are cheats, liars, scoundrels and are just out to screw someone over for a few dollars, than the scenario I have alluded to.

Attorneys, who advance a cause based purely upon rationally based argument knowing full well that the relief sought is not to resolve the matter or insure the client's rights, but rather to prolong or delay a court proceeding . . . or to simply punish another party because the means may be taken within the bounds of the attorney's code of ethics . . . may end up being wealthy.

In the end, however, you may wish to consider if these lawyers are the "legal whores" that hold up the legal profession to shame and ridicule for remaining within the bounds of their ethics while leaving behind all sense of decency, fairness and moral integrity.

Authored by:

Christopher A. Pearsall, Attorney-at-Law
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910

The Qualified Domestic Relations Order is a typical mechanism for distribution of retirement plans between spouses.  Qualified Domestic Relations Orders are special orders drafted with respect to the retirement, pension, annuity, 401k or other retirement plan vehicle.  These orders can, and generally are, very technical and detailed in nature when drafted correctly.

Contrary to what some Rhode Island legal practitioners think, Qualified Domestic Relations Orders (known as "QDROs") are not for the occasional practitioner, unless of course you want the future liability that goes with it.

Qualified Domestic Relations Orders are best drafted by those who are skilled in the practice of drafting such orders.  QDROs are typically drafted in conjunction with and consistent with the plan documents.  The "plan documents" are typically considered those documents that govern the administration of the particular investment or retirement plan/vehicle that is to be divided in your Rhode Island divorce proceeding.

Qualified Domestic Relations Orders are usually prepared after the trial or nominal proceeding in a divorce case and it is recommended that the average Rhode Island lawyer who even routinely practices divorce law should avoid the drafting of QDROs if he or she does not regularly prepare them and is not aware of the substantial liabilities for improper drafting, failure to anticipate changes in federal laws, failure to address tax issues, failure to account for early retirement issues or for the distribution of the corpus that is the subject of the QDRO based upon the lifetime of the non-member spouse of the plan or retirement vehicle to be divided.

After months of experience endeavoring to conquer the legal intricacies of the QDRO in all its aspects, I have come to the conclusion that many other practitioners before me have already recommended.  The QDRO is a legal animal best left to those skilled in it's preparation.

When hiring a Rhode Island Divorce lawyer, ask about QDROs and the cost for their preparation.  Typically you can expect that this will be an extra expense in your divorce case that is paid to another attorney who specializes in the preparation of QDROs.   Clients should anticipate adding another $600 to $800 to their divorce costs if some form of retirement vehicle is to be divided by a Qualified Domestic Relations Order.

Authored by:

Christopher A. Pearsall, Attorney-at-Law
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910

If you're getting divorced in Rhode Island you may have considered hiring an attorney rather than just trusting that your spouse will be reasonable and won't ask for anything unreasonable during the course of your Rhode Island Divorce Proceeding.

This is generally a good thing with one caveat . . . greedy lawyers do exist!  Now, I don't believe myself to be one and I certainly have no intention of attacking or in any way defaming my own profession. The truth is, there are good lawyers out there who will look out for your interests and try to get your case done as economically as possible.  Yet I would be less than helpful if I didn't tell you that there are lawyers out there who would rather blow things out of proportion and run the client's fees up so that they make a reasonable amount of money off you.  This is not a pot shot at the legal profession.  There are, as many readers can imagine, bad eggs in just about every profession.  It is sad that these bad eggs oftern ruin it for the good ones who give of their time, reduce their fees, take on pro bono cases and devote their time to others.  Yet it is both realistic and also necessary to understand that such people do exist.

I recall two attorneys I had discussions with.  They were in no way associated with each other and I did work for each of them on two different occasions during my 18 years working in law.  One attorney ceased working with me several days after making this statement to me:

Chris, you'll be a real attorney when someone comes in your door and you talk to the person and your first thought is, "How much money can I make off this person?" 

Needless to say, that working relationship ended quickly.  I found the statement personally and morally offensive and I wasn't about to associate myself with a person who held that type of philosophy about people and what being an attorney is all about.

Another conversation was a bit less direct regarding the philosophy of what an attorney should do for clients.  I was, shall we say, in a position junior to the attorney and under the attorney's direction.  It went something like this.

Senior Attorney: Chris, check how much time did we put into Mr. Borsche's case.   He gave us a retainer and I want to bill him. 

[I checked the billing.]

Attorney Pearsall: Mr. Borsche gave us a $1,500 retainer on his civil case.  Mr. Borsche is going to be pretty happy because we negotiated a very quick settlement in the case. Our time comes to less than half of the retainer so he'll get a good portion of his retainer back.

Senior Attorney:  Chris, you MUST have missed some work on the billing sheets.

Attorney Pearsall:  No, I double-checked and every entry is here.

Senior Attorney: Chris,  you are missing my point.  I'm saying that you MUST have missed something on the billing because I am absolutely certain that we have used up that retainer and I've already prepared the client that he shouldn't expect anything back.

Attorney Pearsall: I've looked over all our time.  We did this case in half the time we anticipated and we got a good result for the client.  There aren't any entries missing.  I would know because I did almost all the work on this case and that work you did was when I was present and I have accounted for that.  It's just one of those rare cases where things aren't all long and drawn out and the client didn't exhaust the retainer.

Senior Attorney:  Chris, you've missed time!  Plain and Simple!  I am not going to argue with you.  You WILL find the time and you WILL add it to the client's bill and it WILL be more than the $1,500.  We have used up the client's retainer.  It's inevitable.  It happens all the time.  Do you understand me?  Is that clear enough for you?

Attorney Pearsall:  Absolutely.

Senior Attorney:  Good.  Make sure it's done.

(Names and genders have been changed for purposes of anonymity and confidentiality)

Despite the risk to my employment and my junior relationship to the attorney, I am happy to say that I did not comply with the directions of this attorney.  I billed the client the appropriate amount and arranged with the bookkeeper to send the remainder of the retainer back to the client as should have been done.

The point of sharing this dialogue is simple.  There are attorneys out there who will not care about you or your case.  They will care only about how much money they can make off you.  I have seen firsthand how a very simple divorce is blown so far out of proportion by an attorney who simply wanted to make more and more fees off their client before settling a case.

Think about it!  Seriously... I mean really THINK!

I'm an attorney.  I have a client come in and there are no children, no real estate, no retirement plans, both parties work and there is no reasonable claim for alimony, no assets other than personal property but there is a lot of distrust between my client (say it's the husband) and his wife, because the wife thinks there is another woman, when the truth of the matter is that the fellow just fell out of love and can't stand living with his wife anymore.

Since the wife distrusts her husband she goes to another attorney and explains all of this but also tells the lawyer that she thinks her husband cheated on her.  BINGO!  If you are meeting with an attorney who wants to make some money off you then you have just given the attorney the golden goose.  You have just told the attorney what to focus on to make you angry enough as a jealous wife to give your husband some "payback" for the affair that you think he had. 

The next thing you know, this poor faithful guy is going through the divorce from hell because his wife's attorney is now requesting every record under the sun about bank deposits, hotel receipts, charge card receipts, etc... yet little does the wife know that she is the one suffering for this just like her husband because she has given her attorney the justification for doing work that is only intended to bill her (the wife) hundreds if not thousands of dollars in legal fees.

So what is the caveat?  Shop carefully for a good attorney and keep in mind that if your attorney states he or she will do some work for you to get you some answers . . . then ask what they are doing and how much it will cost.  As the client you have the power to discuss matters with the attorney and reasonably instruct the attorney as to how your case is handled.  If you want an attorney to do lots of things for you then you aren't likely to get lots of resistance, though you may have a corinary when you get the bill.

Your best bet.  Take your time hiring an attorney.  The attorney makes all the difference!

Authored by:

Christopher A. Pearsall, Attorney-at-Law
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910

Rhode Island adheres to a principle of equitable distribution of the marital estate when dealing with divorce cases.

It is important to keep in mind that equitable does not necessarily mean equal.

The role of the Rhode Island Family Court Judge in a divorce proceeding is to determine based upon all the facts and circumstances presented to the court, what is an equitable distribution of the assets and what is an equitable apportionment of the debt between the parties.

In making this determination the Rhode Island Family Court judge looks at a variety of factors, including the length of the marriage, the conduct of the parties during the marriage, each party's ability to earn additional income, etc.... and based upon all of the various considerations the court will determine if one party should receive more or less of a particular asset or more or less of the debt burden of the parties.

Equitable distribution is not determinable in advance with any certainty and it would be unreasonable to expect any lawyer to give you a likely scenario of who will get what portion of the marital assets and who will be responsible for what portion of the debts.  As this blog article makes clear, equitable distribution is determined by the family court judge based upon the circumstances. 

If you as the client are to obtain any insight at all regarding what may happen if the distribution of your marital estate is made by a judge after trial then your best bet is to ask your Rhode Island Divorce lawyer (hopefully a regularly family court practitioner) about the process and what his or her thoughts are regarding your particular judge's ideas on distribution. 

A good Rhode Island divorce lawyer who regularly practices before the Rhode Island Family Courts should be able to give you some indication of where you may stand regarding asset distribution and debt apportionment.

Remember, the Right Rhode Island Divorce Lawyer can make a difference!  Call Chris at (401) 354-2369 and Get the difference!

Authored by:

Christopher A. Pearsall, Attorney-at-Law
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910

If you need to calculate or recalculate child support based upon either an initial complaint for divorce or a Motion to Modify Child Support then you may want to approach the subject with care if you are the one paying the child support and you work overtime.

Overtime may be considered by the Rhode Island Family Court judge in determining the amount of child support you should be paying.  This is tricky not because the calculations become more cumbersome and not because the case law or statutes provide for any specific way of determining how much,  if any, overtime should be factored into your gross income for purposes for calculating your Rhode Island Child Support obligation.  Rather, this is tricky because this particular issue is left to the sound discretion of the Rhode Island family court judge presiding over your case.

This wouldn't be quite so tricky if it weren't for the fact that each judge may exercise his or her discretion differently and have differing ideas on whether overtime pay should be factored into your gross income for child support calculation purposes and why. 

Overtime pay continues to be an issue that has lead to very frustrating results for some parents who appear before the Rhode Island Family Court system for that very reason.

As you can imagine it is very difficult to meet with a client who poses the question, "Will the 20 hours of overtime I work each week be factored into my gross income when it's time to calculate my child support?" and give them such a definitive answer as . . . . "maybe" . . . or, "it depends".

Not surprisingly, prospective clients and those who consult attorneys on this issue are often upset to find that there is no set answer that is applied universally to each case.  Most people expect consistency from the family court judges on this singular issue and are shocked to find that this actually depends upon the judge's ideas on the subject and occasionally on their attorney's ability to emphasize a point strongly enough that the Rhode Island family court judge sees it as inequitable to include the overtime pay in gross income of the child support paying parent.

Ultimately, when dealing with the issue of overtime and whether it should be considered as part of the parent's gross income it may become a matter of which judge is assigned to your case and his or her particular views on the subject. 

Does this lead to consistent results on the subject of overtime inclusion in gross income for purposes of child support?  No, it doesn't.  At best, there may be consistency regarding a particular judge's rulings on the subject.  However, there isn't really any consistency across the Rhode Island family court judiciary on this subject.

It should come as no surprise then that a Rhode Island lawyer who focuses his or her practice in the areas of divorce and family law issues can be your best advocate here and give you the best indicators of success regarding this issue once he or she becomes aware of who the judge in your case will be.

As a general rule of thumb, your should anticipate that overtime pay will be considered and factored into your gross income for purposes of determining child support under the Rhode Island Child Support Guidelines if you work overtime with any degree of regularity and consistency.

It's like the old saying.  Plan for the worst but hope for the best.

It pays to have the Right Lawyer on your side!

Get the Right Rhode Island Lawyer for your Child support Issue!  Call Chris at (401) 632-6976 and Get the difference!

Authored by:

Christopher A. Pearsall, Attorney-at-Law
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910

In your Rhode Island divorce proceeding I am absolutely . . . positively certain that the most crucial decision you will make throughout the entire divorce process is the selection of the person to represent your interests.

As a husband, father, layman and now an attorney for men and women I make this statement from almost every perspective you can imagine.  Your decision on whether you present yourself or which attorney you retain to represent you in your divorce will make a monumental difference.

Selecting the right Rhode Island lawyer to represent you in your Rhode Island divorce matter is not the easiest thing to do so here are just a few things you want to consider.

1.  How many divorce cases does the attorney handle in a year?

2.  What is the focus of the attorney's practice?  For example, is it divorce and family law or does the attorney handle a good volume of personal injury cases?

3.  How much does the attorney charge per hour and what expenses does that include? 

4.  Does the attorney have available references to divorce and/or family law clients who would be willing to speak with you about his or her services and what is the relationship of those clients to the attorney (i.e. brother-in-law, friend, etc... or a referred client).

5.  Does the attorney address fees and costs first before even discussing your issues with you?  (i.e. does he or she seem more interested in money issues than in working with you regarding your case...)

Choosing the right attorney for your divorce matter is CRUCIAL!  It is the single most important thing you will do in your divorce proceeding.  By the end of the interview / consultation you should assess whether or not you feel like you got a good sense of the attorney and that he or she is a genuine yet knowledgeable practitioner that you could see representing you.

Generally speaking I call this the "KLT" Test.  At the end of the interview do you feel that based upon the length of the meeting that you "Know" . . . . "Like" . . . . and "Trust" the divorce attorney such that you can see him or her representing your interests in a knowledgeable and positive manner before the Rhode Island family court.

If your answer to the KLT Test is yes . . .yes . . .and yes . . . and if the retainer and fee arrangement  to retain the attorney are comparable to other attorneys you have interviewed . . . the attorney regularly practices before the Rhode Island family courts then it's very likely that you have a good attorney to represent your interests.

Having the Right Rhode Island Divorce Lawyer on your side makes ALL the difference!

Get the Right Rhode Island Divorce Lawyer!  Call Chris at (401) 632-6976 and Get the difference!

Authored by:

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

In a Rhode Island divorce proceeding the filing spouse is often concerned about the relief that is requested in the  divorce complaint itself. 

This is particularly true if the spouse filing for divorce in Rhode Island wants to keep things amicable and is concerned about their husband or wife becoming upset or even fanatical when they receive a divorce complaint that requests something that the other spouse believes is outrageous or unreasonable under the circumstances.

In a divorce complaint many attorneys will prepare a complaint for divorce that requests virtually every form of relief that the filing party might want from the court.  Thus, an attorney may prepare a divorce complaint for filing in the Providence County Family Court in Providence, Rhode Island that asks for alimony, placement of the minor children, child support and resumption of maiden name.  This may be true even if the attorney has been told by the client that the attorney that he or she does not want alimony or to resume her maiden name.  This is often included by the attorney as a precautionary measure to ensure that the client has not waived the requested relief if he or she changes her mind after the complaint for divorce is filed.  In truth, it is a good practice when dealing with a client who is undecided or who seems to hesitate about any particular form of relief.

I personally don't disagree with the idea of including every possible form of relief in the request for relief regarding a client so as to make certain that the client has not waived any relief he or she may want after the complaint has been filed.  However, it's best to strike a balance here and discuss the matter with the client.  If the client expressed identifiable uncertainty to the attorney about the specific type of relief requested, it is better as a practitioner to request it.  If the client is opposed to requesting, for example  "alimony" in their divorce complaint because he or she is afraid that the other spouse will take action to retaliate, then it is a better practice to listen to the client and exclude that provision it the divorce lawyer determines that it would be a marginal alimony case and simply make sure that you include for the client a sentence in the relief requested area of the divorce complaint that you also request "and any and all relief that this court deems fair and just."

You as the client should be aware that in practice things may be a bit different than a strict application of the law.  When the little clause just mentioned above is included in the complaint, then Rhode Island family court judges will generally allow an amendment of the complaint to include the requested relief later in the proceeding if there is a justifiable basis for doing so.

Ultimately, you are the client and you are in charge. If you don't want particular language in your Rhode Island divorce complaint then it is up to you to tell your Rhode Island divorce attorney that you want the language removed.  You may do this even if your attorney advises you that the language should remain for your protection.  This does not mean that your attorney must agree with you, nor does it mean that your attorney must continue to represent you if he or she thinks you are making a grave mistake. 

On the rare occasion an attorney may even refuse to proceed as your counsel if you want to exclude certain language that your divorce lawyer finds is crucial to your case.  Though this may be merely a precaution against any potential malpractice claim against the attorney later, it should be taken as a strong indication that if your attorney is willing to go this far to ensure that the language is included, that you, as the client, should probably defer to your attorney's advice.

In the end, a good Rhode Island Divorce attorney will advise you of the various considerations involved but ultimately defer to your wishes on the vast majority of issues even if he or she finds them to be contrary to your best interests.

It is good for the lawyer and client to reach an understanding on all family law issues to strike a balance between your personal and non-legal concerns as the client and the advice of a qualified Rhode Island Family Law practitioner.  When it doubt it is always best for you as the client to make the extra effort necessary to retain a lawyer with a dedicated family law practice who practices regularly (weekly if possible) before the Rhode Island Family Court.

You are the client.  It's your life.  A good rhode Island divorce lawyer who cares about your case will discuss these matters with you and work with you on them to do what is best for you both regarding your legal and non-legal concerns.  This is your life.  Don't settle for anything less!

Authored by:

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

Call Chris today at (401) 632-6976 for your low-cost divorce consultation. 
It makes a difference when you have the right Rhode Island Divorce Lawyer on your side!

I can't tell you how many Rhode Island divorce clients that I've had to instruct NOT to begin dating during their divorce proceeding.

Though each person is different and it may well be a personal choice that the client makes at that point, it isn't advisable to date, particularly if you have children.

Just the mention of a girlfriend or boyfriend in a divorce proceeding can wreak havoc in your divorce proceeding depending upon the judge and depending upon how hard the opposing party works to emphasize the existence of a person who may be cast as a "home  wrecker".

Though your feelings may be gone for your spouse or you may have found that new person who sparks your interest and makes you feel "in love again", you are still married to your spouse until that final decree of divorce is signed by the judge.

As long as you remain legally married to your spouse, the Rhode Island family court judge assigned to hear your divorce may consider your conduct during the course of the marriage.   I can assure you that no judge will look favorably on the fact that you have a new girlfriend or boyfriend in the picture before you've properly settled your affairs with your current spouse.

If you don't want to risk losing a portion of your assets or call into question your fitness as a parent, then it is best NOT to date as long as you are legally married to your spouse. 

Remember, it's not over  . . . until it's OVER! (when your Rhode Island Final Decree of Divorce has been signed by the judge)

Authored by:

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

It makes a difference when you have the right Rhode Island Divorce Lawyer on your side!

Once you sign your Rhode Island Divorce Complaint . . . you are bound!  What do I mean, right?

Under the Rhode Island General Laws, the Chief Justice of the Rhode Island Family Court, Jeremiah S. Jeremiah, has set in place Automatic Orders of the family court that apply to all divorce cases.  These Orders carry the full weight and authority of the law and the Rhode Island Family Court just as if they were generated as the result of a hearing before the court.  The purpose of these Automatic Orders is to preserve the "status quo" between the parties until the Rhode Island Family Court Judge assigned to the matter orders otherwise.  This essentially prevents the parties from "tampering" with finances, insurances, etc. . . which may place the other spouse at a disadvantage if things do not remain as the parties have historically maintained them.

For instance, the Automatic Orders would prohibit a spouse from removing the other spouse from his or her health insurance coverage from the moment the Automatic Orders are in effect for him or her.

The question then that is most crucial when considering the Automatic Orders of the Court is this . . "When do these Automatic Orders take effect?"

For the plaintiff, petitioner or filing party, the Automatic Orders of the Court are binding as soon as you sign the Complaint for Divorce.  For the spouse who is to be served, the Automatic Orders  are binding at the very moment they are served by a sheriff or constable.

As will be seen in another blog article posting, in a Rhode Island Divorce there is more to the Automatic Orders than meets the eye.  Rule of Thumb . . . when in doubt leave everything as it has been in the past.  Don't sell property.  Don't change insurances.  Don't make substantial additional charges on your credit cards.  In a nutshell . . . . don't play games or a judge just might find that your actions merit a quick trip to the ACI for a few days.

Authored by:

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

Call Chris today at (401) 632-6976 for your low-cost divorce consultation.

"Proud to Be Rhode Island's Most Affordable Full-Time Divorce and Family Law Lawyer"

When someone files for divorce in the Rhode Island family court system after finding out that there spouse has had an affair or is cheating on them, they often misunderstand the affect that this adultery has on the divorce proceeding itself.

Rhode Island continues to recognize fault-based grounds for divorce as well as the more common breakdown of the marriage due to "irreconcilable differences that have caused the irremediable breakdown of the marriage".

In Rhode Island the family court judge has the power to consider the "conduct of the parties" during the course of the marriage in determining how the assets should be divided as well as how the debts should be borne by the parties.  This is the context in which Rhode Island family court judges will consider adultery in the context of a Rhode Island divorce.

Most spouses that have been "cheated on" see it as a betrayal that must be punished.  It is not uncommon for a client to expect their attorney to drag their spouse into court, subpoena the home-wrecker who cheated with their spouse, air their dirty laundry and try to shame and humiliate them both on the witness stand and then get them a big fat chunk of the marital assets.

However, this is an unrealistic view of the Rhode Island divorce process. 

A judge may certainly consider the infidelity of the offending party, yet he or she will generally do so with an eye toward the nature and length of the infidelity and what effect it had on the assets and/or debts of the parties.  Depending upon various factors, including the effect of the infidelity on assets and debts, the length of the marriage, the nature and length of the infidelity and perhaps even whether the unfaithful spouse made extensive efforts to conceal his or her infidelity, the judge may determine to award to one or the other of the spouses a greater share of the assets or a greater apportionment of the debt to offset the conduct.

However, it is important to note that it is not the court's purpose, nor is the intention that adultery is a mechanism by which a wronged spouse is entitled to exact some measure of retribution against their spouse.  Adultery is a factor that will be considered by the court but it is not a license to punish an unfaithful spouse, particularly since unfaithfulness is a measure of the personal relationship between the parties and in many instances does not have to do with the acquisition of assets or accumulation of debt by the parties. 

In the same way that child support is not invalidated simply because a parent does not receive their visitation, the expectation of a financial windfall by one spouse because the other spouse breached the "trust and fidelity relationship"  may not merit the loss of assets in the eyes of the court, especially if the breach of trust and fidelity had no affect on the assets and debts of the parties.

Adultery is a factor that is considered by the judge presiding in a Rhode Island divorce matter as affecting the equitable distribution of assets and the apportionment of debt.  If the adultery had no effect on the assets or debt of the parties, a Rhode Island family court judge has the discretion to determine that the adultery has no effect on the distribution and apportionment.

Let me help you get successfully beyond divorce and into a brighter tomorrow!

Authored by:

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

Call Chris today at (401) 632-6976 for your Low-Cost Divorce Consultation.

"Proud to be Rhode Island's Most Affordable Full-Time Divorce Lawyer"

If you're in a Rhode Island Divorce proceeding you'll be introduced to a form known as the DR-6.  This form requires you to provide a variety of financial information.  It must be filed in any new divorce proceeding in the Rhode Island Family Courts and most people find it to be one of the more annoying tasks of their divorce.

The DR-6 Form that you MUST file at the time of your Rhode Island Divorce Complaint filing is your Statement of Assets and Financial Obligations.  It is usually a single page with front and back that must be completed.  The front side of the form contains your assets and income and the back side of the form contains your expenses and your debt.  Typically it has been understood that you only put your specific information on this form.

For instance, on the front side of the form, for income you would put your income if you are employed or any income that you receive personally.  You would not put down your combined income with your spouse.  In a Rhode Island Divorce is it important that the family court judge has a picture of what your income is in the marriage and what assets you have or that you claim an interest in now that your marriage has broken down.  This assists the court by giving information that the judge may consider pertinent in making an equitable distribution of the marital estate between you and your husband.

The top portion of the first side of the DR-6 Financial Form / Statement of Assets and Liabilities is typically covered by simply transferring the information from a weekly, bi-weekly or monthly paycheck into the various boxes that match up between the form and your paycheck.

The remainder of the front side of the DR-6 financial form seeks information about health and life insurances, bank accounts and assets such as a the value of your home or other real estate, tangible property, retirement accounts (i.e. 401k, 403b, IRA's, Pensions) and motor vehicles.

Other than the income portion of the front side of the DR-6 the remainder of the form seeks information that may overlap.  For instance, if you have a joint bank account with your spouse you would put this account down and how much is in the account because you both "own" that bank account as an asset.  However, it would be wise to note on the form that it is a "joint" bank account.  If you are approximating the value of anything, you may wish to put the notation "approx." beside the number or "best approx." for your best approximation as to what you believe the value may be.

The reverse side of this necessary form in your Rhode Island Divorce form is the expenses and expenditures information.  This provides the information of your current financial picture.  In otherwords, specifically what you are currently paying. 

The back of the DR-6 form is frequently misunderstood with good reason.  Many people fill out multiple columns since there are columns for weekly, bi-weekly and monthly on the form.  This happens even though the form indicates that you should select only one column.  One column should be selected and everything calculated based upon that single column.  Thus, you should calculate everything down to monthly, weekly or bi-weekly . . . whichever works best for you.

The bottom of the form gives a final calculation box the indicates the minimum amount of monies you need to meet your obligations.  This is what often confuses clients because it seems to tell them that they should put in everything that they might be responsible for, OR everything that has their name on it as an obligation, OR even a portion of everything they claim to have an interest in that has a payment on it.  The fear is that the judge will order the client to pay additional things that they haven't factored in to their DR-6 form and it will leave the client without monies to pay them.

Rhode Island divorces are hard enough without you having to stress over a confusing form.  This form is intended to be updated throughout the divorce process as often as necessary to keep the court up to date regarding the changing financial circumstances of each party.  It has been used by Rhode Island family court judges to help make suggestions regarding the equitable distribution of assets as well as a reasonable apportionment of debt between the parties.  It is also used to determine income for purposes of child support.  The form may also be very useful in determining whether the income and debt obligations between the parties support a possible determination by the court that there should be a deferred sale of the marital home if there are minor children of the parties and the income and assets of the parties is sufficient to sustain the home with the parties residing separately.

The DR-6 form can, and often is, confusing.  It is not something that clients truly need to stress over.  Just take the time to indicate your current financial picture, give your best approximations where exact figures are not possible and/or the information is not available and make sure you notify your attorney and update the form if your financial picture changes.

My business isn't divorce.  It's my job to get you successfully beyond divorce to a brighter tomorrow!

Authored by:

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

Call Chris today at (401) 632-6976 for your low-cost divorce consultation.  It could be worth half of 3.7 MILLION DOLLARS to have the right Rhode Island Divorce Lawyer on your side!

It's important to be informed in your divorce proceeding and to ask your attorney every question possible about your divorce.  In particular you should ask your divorce lawyer to explain to you everything that you don't understand.

Though it does not frequently become an issue because a good Rhode Island Divorce lawyer will know that most seasoned practitioners will not make an issue of it . . . "after acquired property" can be a hidden blooper if a substantial asset arises that neither party anticipated and the spouse who didn't acquire the property now wants a peice of the action.

This is perhaps best explained in the context of a Rhode Island Divorce proceeding by using an example.

Shannon files an action in the Providence Rhode Island Family Court seeking a divorce from her husband Louis who likes to gamble a bit too much by buying 50 lottery tickets each week.   Louis occasionally wins $50 but has never won more than $100. 

Shannon and Louis each hire their own attorneys. 

Shannon wants a male attorney who focuses his practice in the area of divorce and family law.  We meet and she wants to engage me as her attorney to protect her interests in the divorce.  Shannon seems pleasant, non-psychotic and fairly reasonable about her expectations for the outcome of her divorce.  Shannon doesn't have a significant amount of money so I discount my fee to help her out and I agree to represent her.

Louis calls around and then meets with Attorney Schnoz because he was the one who gave Louis the lowest telephone estimate for an uncontested divorce and Louis expects the matter to be easy and uncontested.  Attorney Schnoz generally handles mostly collection cases and evictions but will also takes the occasional uncontested divorce.

Shannon and Louis are very reasonable and with my help and Attorney Schnoz we are able to reach an agreement regarding settlement.  There aren't many assets and very little debt so we agree to simply have Shannon and Louis testify about the substance of the agreement and we simply put it on the record before the Judge.

On the hearing date everything  goes smoothly but nothing is mentioned about after acquired property during the testimony and nothing is put in the court's temporary order about after acquired property.

Three days before the Final Decree of Divorce may enter Louis purchases a lottery ticket.  On the first day that the Final Decree of Divorce may enter Louis watches the news and finds out that he holds the winning ticket for the Lotto Bucks and has won $3.7 million dollars.  He calls Attorney Schnoz to let him know that he won the lottery.  Attorney Schnoz realizes that the Final Judgment may enter and runs over to the court to have the Judge sign the Final Decree of Divorce.

Louis is thrilled because he never had this much money in his life.  Louis gets a call from Attorney Schnoz who tells him that he is now officially divorced and that he can come in pick up a certified copy of his Final Decree of Divorce.  Louis runs over to get his copy and offers to bring a copy to Shannon, supposedly out of courtesy. 

As soon as Shannon returns to her apartment he hands her a copy of the Final Divorce Decree and holds up the lottery ticket.

Louis:  "You just made the biggest mistake or your life by divorcing me.  As of this morning I'm worth a cool 3.7 MILLION DOLLARS.  Have a nice life."

Louis leaves and Shannon gets on the phone to let me know what happened.  I run out to the court and get a certified copy of the time stamped and entered copy of the Final Divorce Decree.

Two days later Attorney Schoz and I are before the court again on Shannon's Emergency Motion for Restraining Order.   Louis is furious.  He has a Final Divorce Decree and his position is that she is not entitled to any of it.  My position for Shannon is straight-forward.   Shannon  needs to have the ticket held by the court and that the funds coming from the ticket should be deposited in to the court registry until the court decides what should be done with them.  Attorney Schoz is a bit dumbfounded and argues for Louis that the divorce is final and therefore there is no reason for this. 

Judge:  Counsel, may I hear your argument as to why your client claims the lottery winnings are his alone.

Attorney. Schnoz:  Judge, he only has a ticket.  Nothing more.  What does she want?  The $10.00 it cost for half the purchase price of this $20 ticket?  If that's the case we'll give her the $10 right now but she certainly isn't entitled to any winnings from it.  My client paid for it himself.  He picked the numbers and he hasn't even received any monies from it.  In fact, this ticket isn't worth anything until they pay out on it which probably won't be for another 45 or 60 days.  By that time he will have been divorced from this woman for 2 months after the ticket has matured into an actual payout.  The law is fairly clear that an ex-spouse isn't entitled to anything he gets after the divorce.  The funds belong to Louis and Shannon as his ex-wife has no entitlement to them.

Judge:  Okay.  Now Mr. Pearsall let me hear from you.  How is it that your client claims she is entitled to any of these monies in light of that.

Attorney Pearsall:   Thank you your Honor.  I think my brother has missed the point here a bit.  This marriage broke down substantially because of her husband's gambling and excessively buying these lottery tickets.  He squandered their money on them and my client bore the brunt of that such that she finally had to divorce him, in part, because of it.  He purchased this ticket a full week before the lottery drawing that revealed he had a winning ticket.  When we had the hearing in this case we put the agreement of the parties on the record of the court.  No where in that agreement did my client agree that any property acquired by her or her husband would not be part of the marital estate.  Her husband had an attorney, we all knew he continued to buy lottery tickets and there was always the chance that one of those tickets would be a winner.  If Attorney Schnoz and his client wanted any winnings by the husband to be exclusively HIS then there should have been something insisted upon in our agreement that any property acquired AFTER the hearing date was solely the property of the person who acquired it.  Without that agreement the ticket became part of the marital estate and my client is entitled to half of it.  In fact, the ticket matured when it was announced as a Winner in the morning on the day the Final Decree of Divorce entered.  The husband and his attorney knew of this and rather than filing a new DR-6 Financial Form to disclose to the court and his wife the new information as to this asset, as is required by the family court procedure, they drafted the Final Divorce Decree and had the court sign it.  The husband then proceeded to throw it in my client's face only hours after the decree had entered as a little dig that she shouldn't have divorced him.

With all due respect to Attorney Schnoz, the ticket is an undisclosed asset of this marriage.  Under prevailing case law and procedure, my client was entitled to disclosure and is entitled to 50% of the proceeds of the ticket because the ticket was purchased prior to the entry of the Final Decree of Divorce and absent any agreement to the contrary it is part of the marital estate and subject to division by this court.

We request that since the Husband is prone to gambling that the ticket be placed in the Registry of the Court to be held until it is paid out and that the monies also be paid into the Registry of the Court until the court determines how they should be divided by the parties.

Judge:  Thank you. 

Judge:  Attorney Schnoz, do you disagree that there was no after-acquired property agreement or that your client purchased the ticket before the Final Decree was entered?

Attorney Schnoz:  Well . . . no your Honor but the point is that . . [interrupted by the Judge]. . .

Judge:  Thank you Mr. Schnoz.  I'm prepared to issue an Order.  Since the parties did not have an agreement prohibiting any claim of property acquired by either of them between the hearing date and the entry of the Final Decree of Divorce and since it is conceded that the Husband bought the ticket prior to the entry of the Final Judgment, I find as a matter of law that all Lotto Bucks tickets purchased by the Husband prior to the entry of the Final Divorce Decree are marital assets subject to disclosure and are subject to this court's power of equitable distribution, including any and all proceeds derived from those tickets.

Judge:  (continuing)  . . . Attorney Schnoz, I am ordering that your client provide that ticket to you and that it be deposited into the Registry of the Court today.  I am also ordering that any funds that result from that ticket are also to be deposited into the Court's Registry and the ticket shall only be released to the parties necessary in order to secure the release of the winning funds.   

Mr. Pearsall, kindly submit an order to that effect.

Attorney Pearsall:  Yes your Honor.

This particular scenario is not typical.  However, after-acquired property issues occur frequently.  The issue is typically whether a claim should be made for any after acquired property if there is no agreement that the parties shall each simply own their own property that they acquire free and clear of any claim of their soon to be ex-spouse.

If it isn't clear, after-acquired property is property of any kind that one or the other spouse acquires typically after either the date of any property settlement that is agreed to in writing and intended to settle the distribution of the entire marital estate (all the debts and assets) or after the date of the nominal divorce hearing . . . but in both cases before the date and time of the Final Divorce Decree.

Parties often make the mistake of thinking that uncontested divorces are always easy, non-problematic and should not cost much.  As you can see, just one issue in this case made a big difference for Shannon.  An attorney needs to be prepared to address the same legal issues that occur in a contested divorce matter as those which appear in an uncontested matter.  The legal responsibility for the attorney is no less great in an uncontested matter as in a contested matter.

In this case, Attorney Schnoz quoted Louis the lowest rate of all the attorneys he called, yet his price shopping for the lowest rate in this particular case secured him a lawyer that probably lost him 50% of 3.7 MILLION DOLLARS.  Depending upon his temperament in this case, Louis might consider whether he can sue Attorney Schnoz for legal malpractice for not anticipating that an after-acquired property clause should have been included for his protection in his divorce settlement.

Do you really know your rights regarding marital assets?

Would you have seen this issue coming?

Uncontested simply means you are not fighting each other on every little thing.

It does not mean that you don't have legal issues!  The two are often confused.

My business isn't divorce.  It's my job to get you successfully to a brighter tomorrow!

Authored by:

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

Call Chris today at (401) 632-6976 for your Low-Cost Divorce Consultation.  Remember, it could be worth half of 3.7 MILLION DOLLARS for you to have the right Rhode Island Divorce Lawyer on your side!

It's not uncommon for men to be picked up on bench warrants issued by Rhode Island Family Court Judges for their failure to show up at court hearings or because they are not paying their child support.

Yet each story is different.  Some men deserve a break.  Some are unskilled.  Some fall on bad luck.  Some are injured or depressed for reasons that may be directly related to their family issues.  And yes. . . some are just plain lazy and are doing everything in their power to avoid their child support.

Identifying the fathers who shirk their responsibilities is not that difficult.  They sing a little tune I like to call the Rhode Island Child Support Blues.  The key may be a little different or the pitch but it is essentially the same.

Judge:  Sir, tell me why I shouldn't keep you at the Adult Correctional Institution for not paying your child support.

Father #1:  Well judge I've been looking for work but nobody wants to hire me.

Father #2:  Judge first I was laid off and then I got locked up on a bum wrap and I just got out.

Father #3:  I can't do any more than I'm doing judge.  I have four other children that I have to try to pay for too and I can't find a job.

Most of the time the excuse is that they indicate that they "have been doing everything possible to find a job but no one will hire them". 

But there's a refrain to  that tune.  In today's market there is an endless opportunity to make money.  Some fathers walk away with a child support obligation as little as $10 a week and still complain that it's not something they can manage.

In several court hearings I take the opportunity in these types of cases to let the judge know that I can teach the father how to make an additional $30 to $50 more per week with very little effort and little or no money.

Without further excuses, these fathers must make their payments.

Divorce isn't easy.  I know.  I've been there.

My business isn't divorce.  It's my job to help you reach a brighter tomorrow!

Authored by:

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

Call Chris today at (401) 632-6976 for your Low-Cost Divorce Consultation.

"Proud to be Rhode Island's Most Affordable Full-Time Divorce and Family Law Lawyer"

Parties in a divorce who are angry at their spouse can take a lesson from Valentine's Day that should give most people some food for thought. 

Many divorces begin and often end with hard feelings.  One or both parties may feel jilted or unloved by the other.  Sometimes it may be the case that one spouse or the other has fallen out of love with their mate and has found someone else.

The lesson is a simple one.  If your spouse is divorcing you then it is pretty safe to say that they are doing so because they believe they will be happier taking their life in a different direction, either alone or with another person. 

If you are upset and angry at your spouse, take a moment to think about why you are angry.  Are you angry because you feel rejected?  Are you angry because he or she has found someone else?  Are you angry because he or she have chosen to continue their life without you as their spouse?

Consider this.   Do you truly love your spouse?  Then it may help for you to take take a lesson from Valentine's Day and apply it to your divorce.

If you love your spouse, wouldn't you want your spouse to be happy even if that happiness wasn't with you?  Or do you only love your spouse only as long as your spouse remains with you?

Divorce isn't easy.  I know.  I've been there.

My business isn't divorce.  It's my job to get you successfully beyond divorce.

Authored by:

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

Call Chris today at (401) 632-6976 for your low-cost Rhode Island Divorce consultation.

"Proud to be Rhode Island's Most Affordable Full-Time Divorce and Family Law Lawyer"

If you are in the Rhode Island family court system and have a child support matter one of the more crucial issues you may encounter is daycare or more generically "child care" costs.

Child care costs are included on the Rhode Island Child Support Guidelines Worksheet and can be a big chunk of your child support obligation, especially if you are the non-placement parent.

By and large the biggest victims of child care costs are fathers.  This is by no means intended to insult women, yet practically speaking most mothers are awarded placement of the minor children and therefore the father is the non-placement parent.  The non-placement parent (typically, the parent that the minor children do not primarily live with) then ends up bearing the child support payment responsibilities.  This may, often times, include child care costs.

Child care costs can be anything from daycamp at the YMCA during the summer to a a full-time licensed daycare provider in your local community.

Two big pitfalls that you should address if you go before the Rhode Island family court for a divorce or a proceeding to set or modify child support as the non-placement parent:

1.  Proof of the Child Care Cost. - You should make sure that you have the actual figures from the daycare provider of what the charge will be for the child or children that will be in their program and , if possible, confirm the enrollment.   Projections or general "program costs" should be avoided because they are not necessarily the actual costs.  You should get the actual costs for the actual program that your child is enrolled in so you will know the true amount of the total costs so that when your portion is calculated you will know that you are paying your fair share of actual costs.

2.  Offer Direct Payment - Since childcare / daycare costs are included on the Rhode Island Child Support guideline worksheet they are often lumped together with child support and are directly payable to the placement parent, usually by garnishment of your wages.  I recommend that the non-placement parent offer to pay his or her portion of the child care costs directly to the child care provider and included in the Court's Order rather than deduction by garnishment.   Why?

First, as long as the non-placement parent makes direct payment to the provider, then he or she is more likely to be paying his or her fair share of the correct cost and is also more likely to be aware of any changes either in the childcare program itself or in the program's cost.

Why are these points so significant? 

Verification and confirmation of actual child care costs leads to an accurate and fair calculation of what the non-placement parent must pay as his or her fair percentage share of those costs.

It also prevents the placement parent from simply making a representation as to what he or she says the child care costs are which may be inaccurate and cause the non-placement parent to pay significantly more in child care costs. 

If the child care costs end up being paid directly to the placement parent then this ends up being a financial windfall to the placement parent that he or she is not entitled to at the expense of the non-placement parent.  What does that mean?  Essentially the non-placement parent will be overpaying for the support of the minor child / children.

Offering direct payment to the child care provider leads to the likelihood that the non-placement parent will be paying only his or her fair share of that cost and as a parent paying for the program you should be entitled to receive from the child care provider a complete accounting of the program activities as well as the charges and payment activity on the account should you ever need to verify compliance with the court's order.

Lastly, direct payment to the provider and verification of the program prevent the placement parent from being able to play games with the child care arrangements to create for themselves a financial windfall.  For instance, if John makes 80% of the total income that he and his wife Janet make combined, then he is likely to be required to pay 80% of any child care costs.    Janet comes into court and says that their daughter Tanya is enrolled full-time at Tiny Timbers Day School at $200 per week.  Let's assume John is ordered to pay $160 per week as his 80% share just based on Janet's representation that this is the truth and John's is told that this will be included in his child support and garnished from his weekly paycheck with his employer.

Let's assume that Tiny Timbers Day School only costs $160 per week for their program.  John is then paying 100% of the daycare and Janet isn't paying a dime.   John should only be paying $128 per week as his 80% of the actual child care costs.  Janet doesn't tell John a thing and she is pocketing $132.60 per month from John's overpayment.  Assume now that Janet changes her schedule at her job and is able to eliminate two days of the child care at Tiny Timbers for Tanya but doesn't tell John.  The cost for 3 days per week is reduced to $110 per week.  Each and every week John's paycheck continues to be garnished $160 because John is not informed and Janet likes the extra money coming in.   John should now be paying $88 per week but because he is garnished and is not informed he continues to pay $160 a week.  Janet is now receiving an extra $309.60 per month as a windfall at John's expense.

The moral of the story.  Get written confirmation from the child care provider of the enrollment and the actual costs for your child or children and endeavor to make direct payment of your share to the child care provider a part of the court's order rather than garnishment.   Absent these two factors you are likely to be overpaying on the child care costs.

For a complete analysis and reliable legal advice regarding all aspects of your child support and child care rights before the Rhode Island Family Courts, call today.

Authored by:

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

Call Chris today at (401) 632-6976 for your low-cost Rhode Island Divorce consultation.

"Proud to be Rhode Island's Most Affordable Full-Time Divorce Lawyer"

I once saw a card at the Hallmark store that I found rather interesting.  On the front it said "Some call it divorce."  Inside it said, " I call it a good house cleaning."  Clearly it was intended to be humorous.  Of course most of the time divorce (in Rhode Island or elsewhere) is far from humorous. 

Thankfully, the card does make a good point.  After all, isn't that essentially what a divorce is?   Getting a divorce isn't really enjoyable . . . unless it's something that you specifically planned to do and that you may be looking forward to  . . . provided that you can see the end result of a clean house on the other end of the spectrum after you've dealt with all the mess and clean-up.

Cleaning a house is like the thought of spring cleaning.  It's a renewal and refreshing of your "space".  That doesn't mean that it doesn't come with unpleasantness.  Your arms may get sore from sweeping and scrubbing the walls . . . and washing the windows so you can see outside better.  You may start coughing, choking or sneezing while the dust kicks up.  Heck, you may even get a few bumps and bruises as tons of things that have piled up over the years come tumbling out of the closet onto your head.

Yes, it is an odd analogy . . . yet perhaps very fitting.  Why do we do a house cleaning?  Maybe because it has to be done perhaps.  Or maybe we do it because we can't stand the disoder and chaos anymore of not knowing where anything is, our level of safety, or simply because we can't put up with  all the crap anymore.

So what get's you through it?  For many of my Rhode Island Divorce clients it's seeing the end result . . . the clean house . . . the new revitalization of what WILL be after you sort through all the junk and give your immediate "life space" a new overhaul and perhaps move a few things around to give you a little different perspective.

Is it easy?  Usually not.  Is it achievable?  Absolutely.

As a Rhode Island lawyer focusing my practice in divorce and family law I take that extra time with my clients to help them to that brighter tomorrow.  Clients are often surprised when I take an interest in their lives and show genuine care and concern for them and their problems.  Yet divorce isn't as easy as a good house cleaning and while I enjoy the analogy I am well aware that clients are not simply houses or rooms that can be swept clean without emotion, heartache and lots of change.

If you just want a good legal mind that tells you the dos and don'ts of the divorce process and the pros and cons of your choices, I'm not the lawyer for you.  If you want a lawyer who will guide you through the  legal process and a friend to help you weather the non-legal stresses that come your way.  

You'll find me just a few quick button pushes away . . .

Call (401) 354-2369 to reach Christopher A. Pearsall, Esquire - Your Friend at Law!

Do lawyers deserve the proverbial "black eye" that we seem to have in the public eye?

I took an extra day to ponder the question because there is a bit more to it than simply accepting a perception that has carried on for as long as I can remember.

Persons reading this blog should keep in mind that I respect all opinions and while I may express my opinion in this particular blog article, we are as people ever changing and developing by our daily experiences and as a result our opinions and the underlying thoughts that form my beliefs today as a Rhode Island Lawyer may not be true at this time next year or even next month.  That is, after all, one of the fascinating things about those who continue to grow and change.  In each and every moment we are always evolving and never truly the same exact person from moment to moment.  A bit deep I know, but interesting nonetheless.

So, what then is my thought process here as both an individual and a Rhode Island attorney?

As an individual I had the opportunity to be a layperson and try to represent myself in family court matters without any knowledge in family law.  As an individual this also gave me the opportunity to watch and observe individuals, attorneys and judges in the family court system while I was waiting for my various hearing dates.

As a litigation paralegal (before I became an attorney) I had the opportunity to attend court, meet with judges, meet with clients, interview witnesses, attend hearings, participate in depositions, meet with court clerks  and testify in cases in New Hampshire, Vermont, Massachusetts and Rhode Island.  This experience was gained over about a decade and a half.

It is an interesting perspective to literally have the experience to have been on all sides of the coin where lawyers and the court system are concerned.

Yet what did I glean from this?  From where I began as a novice to now being a practitioner of the law, what are my ideas, thoughts and opinions?  Even if I were to express my opinions on Rhode Island Divorce Lawyers or Rhode Island Personal Injury Attorneys or Rhode Island Superior Court Trial Attorneys, would my ideas and opinions be tainted?

I can but say that my opinions are the sum total of my experience and since opinions are themselves subjective statements of what I believe that they are to some degree tainted.  Unfortunately, opinions are by their very nature tainted.

I think many of us recall much more of the negative than we do the positive in life.  If we receive 10 compliments during the day from co-workers and colleagues yet we receive one negative statement, we are more likely to remember the one negative statement.  If anything this is something to keep in mind if you were to do your own analysis to reach your own opinion.

Perhaps the greatest difficulty is to address a group as a whole.  In this case I have focused upon Rhode Island lawyers only because this is the demographic and geographic area that I form a part of and, of course, is the location where the little book of "500 Lawyer Jokes" began this whole journey into considering whether or not the perceived black eye that attorneys have in the eyes of the general public is one that has simply carried on as a matter of course or whether there might be a basis for its justification.

So, without further procrastination let me get to my thought process.  Every since I can remember, even into my childhood, a good majority of jokes have been aimed at attorneys and the theme of those jokes has been their arrogance, greed and ability to skillfully lie and cheat.  This is certainly not the picture that most lawyers would like to project for their Rhode Island law practice.  Clients buying into this mantra of jokes most assuredly do not want to pay hundreds of dollars per hour for a professional to potentially swindle them out of their hard earned money.

As a litigation paralegal for many years (with various employers) I had the opportunity to see several attorneys blatantly violate the Professional Rules of Ethical Conduct as if they didn't exist.  I've  had the unfortunate displeasure to see practices that equate to double billing a client or in the very least overbilling the client.

As a litigation paralegal I have been asked by attorneys to tamper with court files and demanded to violate criminal laws.  I am happy to say that in each case I found a solution that was within ethical and moral parameters that did not violate any criminal laws nor did my subject any attorneys to disciplinary action though I cannot say the same for the rebukes I received for not "doing what I was told".

I have now been a practicing attorney for some time.  Though I focus my practice in the areas of Rhode Island Divorce and Family Law Issues, I take on various other cases that I am equally capable of handling and do so with considerable zealousness for my clients.  My adventures into the practice of Rhode Island law have taken me before most of the Rhode Island Small Claims, District, Family and Superior Courts.

In the time I have been practicing I have filed and/or joined in two discipinary complaints to Rhode Island Disciplinary Counsel for conduct that I felt was so horrendous by an attorney that it should not go unanswered.  The first complaint which I believe was replete with evident violations was dismissed without an opportunity for hearing, a result that I found professionally offensive as a legal practitioner and personally offensive as a citizen of Rhode Island.  The second complaint is in the filing stage and I am hopeful that it will be taken with the seriousness it deserves despite the fact that it does not rise to the magnitude of the previous complaint.

This is not to say that any opinion should be based upon two such instances by two attorneys that I may personally believe are "bad eggs" that give us a bad name.  Yet the opinion I reach personally is based upon more than simply my experience in these two instances and my exposure as a paralegal to conduct that I found personally repugnant and in some instances would have placed me and one or more attorneys in violation of federal criminal laws were it not for my quick thinking on various alternatives that were morally acceptable and professionally ethical.

In reflecting on my current opinion, that lawyers and attorneys (and in this case Rhode Island lawyers and attorneys-at-law) do in fact deserve the long standing black eye that is perceived by the public, I must credit my last three (3) years while practicing law in Rhode Island.

During my past three years I have watched and listened.  On several occasions in several courts I have witnessed judges who refused to give litigants a hearing on a particular matter or otherwise arranged their calendars in such a fashion that litigants were put off so long or prejudiced by so many continuances that it prohibited them from having access to their witnesses and evidence became stale. 

I have witnessed attorneys who make one representation to me outside of the judge's hearing and then either go into open court or in a chambers conference with a judge and make a completely opposite representation to the court.  I have had occasion when attorneys made material misrepresentations to a judge in order to prejudice my client when they had no factual information for making their "factual" statements when they were just machinations contrived by one party to injure the other party.

I have witnessed attorneys who have gone before the court on behalf of their client against an individual who was representing himself or herself and allowed material omissions to be left out before the judge such that the person who was acting "pro se" was either prejudiced, "locked up" for contempt, or otherwise injured when such injury would not have occurred if the individual had enough money to afford an attorney.

Perhaps most significantly are the number of times I have had the opportunity to witness attorneys lie to judges on the record of the court by making factual statements and representations as counsel (not under oath) when they know full well that the truth is easily verifiable but that the verification could not be accomplished at the time that the representations are being made and the damage is already done.

It could well be that I am painting a bad picture of attorneys and the judicial system both in Rhode Island and in other states.  This is not particularly my intention in making this expression and in discussing my own opinion on the subject.  It is with considerable disappointment and even anger at times, that I must admit that my chosen profession may well be deserving of the black eye that the public has perceived for so long.

Perhaps this blog article is self-serving, though that is far from its intention.  It is with a great degree of passion and enthusiasm for my clients that I confirm for you that there ARE good Rhode Island lawyers out there that do care about their clients and they do, in fact, act professionally, ethically and in line with the best interests of their clients.

Obviously there are more attorneys in Rhode Island than I could survey or even know on such an indepth level that I could give with mathematical certainty whether there are truly a majority of good attorneys out there or, conversely a majority of poor practitioners hellbent on their own goals and income.

My law practice continues and I am truly hopeful that my opinion will change as my exposure to more and more attorneys broadens, yet in the past three years the negatives outweigh the positives at least 4 to 1 as between what I can only refer to as reputable practitioners versus disreputable ones.

I can but hope that client's will continue to find me or that if I am not the practitioner with the "right fit" for the client that I can, in the very least, steer the prospective client to a reputable practitioner who will protect their interests (both legal and non-legal) and do it right and for a reasonable fee.

Does the Rhode Island legal profession deserve the black eye that is perceived by the public?  As of today, with my current experiences . . . I'm sorry to hold the personal opinion that we do.

Unprincipled attorneys should be the exception. . . . not the rule.

Authored by:

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

Call (401) 632-6976 Today for your Low-Cost Divorce and Family Law Consultation

Ever since I was in high school I've heard lawyer jokes.  When I became a litigation paralegal many years ago I became patently more aware that they existed and heard them even more.  Today I don't hear them as much.  Why?  Probably because I'm a Rhode Island lawyer and there are a good many people who are decent enough not to simply throw out a tasteless (or even tasteful) joke at parties or gatherings simply to have a laugh by insulting my chosen profession.

In truth, most people would agree that personally I have a fairly good sense of humor and that I could (and in all probability would) appreciate a well-told joke regardless of any negative connotation that it may have on my chosen profession.  I mean, let's face it. . . .most jokes poke fun at what people perceive (albeit stereotypically) as a dominant trait of a profession, race, religion, etc...

In fact, on our office coffee table we have a book of 500 Lawyer Jokes for those waiting to meet with us.  This little book and the idea of jokes about our profession actually spawned a brief conversation between a few of my Rhode Island colleagues, myself included.

First, the attorney who actually provided the book to us for the table found it to be ironic and expressed that clients would probably appreciate it that an attorney's office would have such a book for their clients not only in plain view but literally placed right in front of them so they would almost certainly read it.  The message conveyed to clients and visitors in this case seemed to be that we as lawyers are not so stuffy, pompous and overly professional that we cannot step back and either "look at the lighter side of our profession as lawyers" or laugh at ourselves and colleagues who, though lawyers, may have made atypical bunders that are in truth funny or downright hilarious.
Now another Rhode Island attorney who came into the office found the book personally offensive and thought it inappropriate to have the book at all.  This attorney's feeling was that lawyers as a profession have been ridiculed for years and a gross mis-impression has been presented to the public that we are all greedy thieves who make too much money and only survive to see how much money we can get out of people. My colleague's opinion was that by providing such a book to clients we are perpetuating and fueling the bad sentiments of the public toward lawyers.

Then there is me.  I'm undecided on the subject of this little book.  In the scope of a law practice, the big picture of world events,  the struggles of those who barely survived in the wake of Katrina's devastation, this little book seems so trivial and yet it still has a place and plays even the smallest role societies perception of the profession or even the person (or people) who have the book such that people continue to make judgments and those judgments still affect business and personal decisions about who we will and will not work with, who we will hire and who we won't and even who we will associate with.  It is, to say the least, a small yet interesting philosophical maze of thought.

There is, however, one point upon which I can generally agree.  The general public consensus reveals that lawyers are not looked upon well and they have received a "black eye" as far as professions go.  As a Rhode Island lawyer I fell into family law more by accident and necessity than anything when I first began my law practice.   Today focus my practice on Rhode Island divorce and family law issues.

Today, however, I find myself contemplating this little book of 500 Lawyer Jokes and the opinions of my colleagues as well as what I know to be a fairly consistent consensus of the general populous that by and large most lawyers (divorce, family law or otherwise)  are cheats and swindlers that are overpaid and can't be trusted.

The conclusion I come to is somewhat self-informative.  We as attorneys (in various areas of law) have a black eye in the community and the public at large.

I found this much more fascinating and much more significant than the little book on the waiting room table.  Yet this is a thought process that is far from complete and will take a bit more pondering.

In closing this particular blog post, I have no true opinion on the little book itself.  It can stay.  It can go.  It's a book.  It's information.  It's entertainment.  Just as the author has the right to poke fun at the legal profession which is still only made up of people who do make mistakes which are sometimes hilarious, I believe that clients should be able to read such things if they like.  If I can't laugh at myself and at those who artfully poke fun at my profession then my skin is a bit too thin for me to be practicing in my own profession.  Pride in my profession does not mean I need to be intolerant of others or their writings.

The more crucial question I will ponder for the continuation of this blog article is this.

Whether as a Rhode Island Divorce and Family Law Lawyer or a Rhode Island Superior Court Litigation Attorney or an Estate Planning Lawyer my profession has a "black eye" in view of the public, is the black eye misconceived or is it well-deserved?

I'll keep you posted as this philosophical joust continues.

In the meantime, there are still good Rhode Island Lawyers out there and I'm happy to assist anyone with their divorce and/or family law issue.  Yet to the extent that I am not the right attorney for you or the match simply isn't there, I am familiar with several attorneys in Rhode Island besides myself that I believe are also atypical of the black eye our profession may have and I can recommend them unwaveringly and without hesitation to help you in any of the various legal matters you may encounter.

Authored by:    

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

Call (401) 632-6976 for Your Low-Cost Consultation with the Attorney Who Truly Cares about You!  

To file a Rhode Island Divorce Complaint you need to pay to the State of Rhode Island a standard filing fee of $100.00 for the opening and administration costs of your divorce case.

To serve a divorce complaint you must obtain (or rather retain) a county sheriff or constable who is authorized to make service upon parties in family court matters and have the complaint and any attachments served upon your spouse if you are the party filing for divorce.  Constables typically charge $45.00 for a standard service of a complaint and it's attachments.  The county sheriff may charge anywhere from $35 to $55 in Rhode Island for the same service depending upon the number of attempts the sheriff's office needs to make in order to serve the person.

You should note that either the constable or the county sheriff may charge additional fees for service of process that requires numerous attempts, requires extensive travel or requires the service of additional documents that are not part of each and every divorce proceeding.

During your divorce it may be necessary to obtain documents by use of a subpoena.  The service costs of a subpoena are similar to those for the divorce complaint mentioned above except that the witness being subpoenaed will have to be paid a statutory fee for attendance as well as round-trip mileage costs for his, her or its attendance at court.  Because Rhode Island is a small state you can plan that the subpoena fees (exclusive of the constable or sheriff's fees) will not exceed $15.00 for a single day's attendance.

If documents are required from a business establishment, usually a bank, then the bank is allowed to charge a reasonable fee for the copying and research of account documents that are required to be produced.  This bill from the bank can range from $0 to hundreds if not thousands of dollars if you have a multi-million dollar marital estate and neither party can provide a clear financial picture of what is going on.  Clients are best to anticipate that a comprehensive bank subpoena for documents may run as high as $200.00.

If an expert is needed for tax issues, home valuations or business valuations, do not expect to get the expertise of these professionals for free even if they have done work for you after being paid a fee.  Unless specifically stated in your agreement with any expert, his or her professional expertise and time is not paid for if he has to go to court.  Experts attending court or preparing for a court proceeding are entitled to be compensated for their services.  These  experts generally cost from $2,000 on the lower end to tens of thousands on the high end for extensive work.  Generally speaking most divorces that involve a house as a marital asset will require an appraisal at current rates (currently about $300).  Testimony at court by the appraiser will generally run about $1,500 per day for a decent appraiser.

Clients should also expect that if matters need to be handled in an expedited fashion or if voluminous documents need to be copied or produced to someone that these are costs the client will be expected to pay for.  These things are, unfortunately, case specific and therefore there is no way to approximate them.

Lastly, if there is a pension or retirement plan that needs to be divided by virtue of a Qualified Domestic Relations Order, the client should expect that most divorce attorneys will engage a specialist attorney to prepare this document.  Qualified Domestic Relations Orders are a document that divides a pension or retirement between the parties either as agreed to or as determined by a judge after trial. However, these Orders must not only comport with state and federal law but must also be acceptable to and approved by the benefits coordinator for the administrator of the pension and/or retirement vehicle and in accordance with the rules, regulations and documents governing the plan.  Combine these factors with a client's long-term tax and retirement planning and you end up with a very technical and rather intricate document that people will be relying upon in the future for the benefits they are entitled to.  The Order, therefore, must be so specialized is to fall within the parameters of all of these various guidelines, rules and statutes and take into account the Client's future needs and desires.  This being the case it is not hard to understand why this is not a task that most divorce attorneys choose to undertake.

In Rhode Island, for example, there are several attorneys whose practices are focused almost exclusively on the creation of these Qualified Domestic Relations Orders (QDROs).  QDROs are a specialty item and are generally prepared by attorneys who specialize in such orders.  Absent express agreement with your attorney that the cost of one or more QDRO's will be included in the monies you provide to the attorney for a retainer and expenses in your divorce, you should NOT expect that your divorce lawyer will be arranging your QDRO for free.  QDRO preparation is an additional expense that every client dealing with a pension or retirement plan that may have to be split in their divorce should expect. A decent attorney will prepare a QDRO for between $450 to $600 and insure it is approved by the pension and/or retirement plan administrator.

Absent other significant aspects such as a business valuation, the foregoing are the consistent costs that most lawyers will make you aware of in your Rhode Island Divorce and/or family law proceeding and they are foreseeable although not always predictable at the outset of any case.

The challenge?  Be aware of these costs but be knowledgeable that they do not exist in every case but could still occur in yours.  An attorney's expectation and/or prediction about what you may reasonably expect in the way of costs and expenses in your case should NEVER be taken as a guarantee that your costs and/or expenses will be limited to those representations.  Unless your attorney makes a written guarantee about the amount of expenses and/or costs you will have to bear, you should hope for the best but plan for the worst financially.

A good attorney will try to avoid unnecessary costs if at all possible but not at the risk of your legal rights or at the risk that you might claim that he or she committed malpractice by not insisting that an expense be made.  Those of us who try to resolve matters without the additional costs and puffery of attorneys who prefer to bill their client for "unnecessaries" to get a few thousand dollars in fees before the case ends continue to combat those who needlessly bill clients, but keep in mind there aren't as many of us out there who are truly fighting for the clients.  We're hard to find but you'll see us if you take your time and look closely.

I invite you to consider having a low cost consultation with me to discuss your divorce and/or family law matter.  If nothing else, I can guarantee that you will understand your rights and the family court process much better by the time we are done our meeting so that you can make an informed choice about what can and perhaps will happen in your divorce situation.

Authored By:

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

Call (401) 632-6976 Today for your Low-Cost Consultation and Know Your Rights!

The family court's role in a Rhode Island Divorce is often misunderstood, and with good reason.  The media, in particular television, has a way of sensationalizing and distorting the role of the courtroom,attorneys and the judiciary.

Movies such as "Liar Liar" starring Jim Carrey are wonderfully entertaining.  Yet scenes such as the divorce trial court scene when Jim Carrey uses his client's own deception about her age to invalidate a prenuptual agreement, leaves one believing that a cheating woman can get millions of dollars and gleefully use their children (who she clearly has no concern for) as leverage to get millions more in child support payments before turning the children over to their father.

Though somewhat oversimplified the role of the family court is more akin to a peacemaker helping the parties move forward in a manner that is dignified, equitable and reasonable in light of the circumstances as presented to the court.

Sadly, there are those who come to the Rhode Island Family Court with the notion. . . if not deliberate plan. . . to make their spouse miserable and exact some form of revenge or what they may perceive some form of "justice" for lack of a better term.   Though divorce is certainly an emotional and personal issue, a good Rhode Island Family Law or Divorce Lawyer can be a powerful force to keep you focused on achieving a reasonable and successful divorce settlement as expeditiously as possible.

Though family issues are emotional by nature for most people, the very emotions that bring about the breakdown of the parties often misdirect the court proceeding into a role it was never intended to undertake . . revenge.

Authored by:

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

Call (401) 632-6976 Today!

Get your Low-Cost Consultation with Rhode Island's Most Affordable Full-Time Divorce Lawyer! 

Deadbeat Dads is a term that I hear fairly frequently in my travels with countless cases before the Rhode Island family court.  I've used the phrase myself on an occasion or two in order to get my point across to one judge or another when the facts support the proposition that the father is intentionally taking steps to avoid paying the child support ordered for the support of his children.

Unfortunately, this is a term that is often overused, misused and even abused both by attorneys and by mothers who are simply angered that they are not receiving the funds the court ordered for the support of the child or children regardless of the circumstances.  If the truth be told, there is no real definition of a "deadbeat dad" as the phrase has been coined.  Yet the term is thrown around not simply descriptively but with the intent to injure the father or otherwise taint the court's opinion.  There's no doubt that just hearing the words "He's a deadbeat dad." conjure up a vision of a father is intentionally avoiding his obligation to his children.

It has not been, nor will it ever be acceptable to be a deadbeat dad, but who makes that call.  In the Rhode Island Divorce and Family Court System it is presumably the judge of the family court.  Unfortunately this phrase is normally flung out by an offended party long before the Rhode Island Family Court judge ever makes his or her ruling.

In truth, there are many fathers who are struggling, financially, personally, emotionally and mentally.  Not surprisingly, there are also many women out there with a the mentality that it matters little what happens to a father as long as she receives the child support set by an arbitrary schedule of numbers created by a committee.  This is by no means a rebuke of the Rhode Island Child Support Guidelines, which are a necessary framework for the operation of the family court system and the provision of child support for children.  It is, however, a unique commentary on a woman's expectation and entitlement mentality toward the child support which is for the child and not her personal enjoyment or support.

Just in the way that children are entitled to be supported by their parents, aren't parents entitled to survive at a minimal standard and with the understanding that we all run upon tough times and that sometimes the rule of law should bend to the factual consequences of the human condition and a father who just might be a victim of circumstance.

Language can be hard, hateful and injurious on a personal and legal level.  The next time you hear someone refer to someone else as a "deadbeat dad", stop and think about what you have heard, consider the source, and make a conscious decision to determine for yourself whether there's enough proof to justify such a harsh accusation.

Published by:  Christopher A. Pearsall, Esquire

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

We hear about domestic abuse frequently.  It's on television, billboards, radio, flyers and posters.  Unfortunately what we don't hear about is how Rhode Island's Protection from Abuse laws are themselves being abused by people who want to wreak vengeance on another person for any number of reasons.
For those that are unfamiliar with the process, it is relatively straightforward.  You fill out a triplicate form indicating your relationship to the person against whom the "protection from abuse order" is sought, the date the threats of imminent violence or the events that cause you to believe that you and/or your children are in danger of physical harm, and the relief you are seeking from the court.  A second triplicate form is supposed to tell your story.  What was it that led you to file for this Protection from Abuse Order?  What was said?  What was done?  What do you have personal knowledge about regarding this person that justifies the relief you are requesting.  You sign this as a sworn statement under oath.

What happens next?  You go before the court and a Rhode Island Family Court Judge reads your application for a Protection from Abuse Order and your affidavit.  If the court finds any reasonable basis upon which to believe that the Order should be issued for the protection of the party applying to the court, the court will grant it.  This is all based upon the applicant's affidavit.

So what is the relief?  Consistently it is a "no contact order" that the person against whom it is sought may not contact the applicant in any way.  More often than not, it also includes ordering the person against whom it is sought that he or she must remain out of the living residence of the applicant.

If the parties have minor children together the Order may give exclusive custody of those minor children to the applicant which although not specifically denying the other parent visitation has that practical effect.

Unfortunately the system gets abused weekly without consequences.  Persons come before the court and fabricate circumstances that never existed, distort the truth and make glaring omissions.  If the court knew the true facts and circumstances the vast majority of these abuses would be curtailed.

My stomach turns each time I am privy to persons who lie to the court with impunity because the law does not provide for a punishment for those who abuse Rhode Island's Protection from Abuse Laws.

It says much about people who boldly go before the court and lie to achieve their own silent agendas.   Fathers are cast from their homes and unable to see their children because the mother of their children feels scorned.  Women who obtain these Orders call the very person they do not want contact with in order to provoke a response, have the man arrested and then use the criminal charge either as further leverage in a divorce or as some sense of sick vindication that makes them feel better.

Perhaps this all comes down simply to one's sense of honor or personal morality.  Yet for the man (I refer to men because I estimate that at least 9 of 10 applicants are women against men) who is forced from his home, unable to see his children, possibly subjected to criminal charges, may lose his job and/or the respect of friends and colleagues . . . it is an exercise in injustice and a very sobering experience that such a thing could even be allowed by the court.

So where does this abuse lie?  The abuse finds it's home in the audacity of those who without conscience lie under oath to the court for their own purposes with little worry of prosecution, retribution, or even penalty.

So what is the remedy for a man subject to all these damaging consequences, including prosecution, etc... if it is proven that the women's claims in the initial affidavit were false?  Dismissal of the family court's initial order but NOT any criminal violation that may have occurred on the Protection from Abuse Order that never should have issued.  The consolation for such a man who has not done the things he was accused of is no consolation at all. . . simply the realization that injustice exists and the impression that upon a person swearing before a Notary Public to lies in their affidavit the court appears to rubber stamp that injustice to the detriment of good people.

Authored by:

Christopher A. Pearsall, Esquire
Pearsall Law Associates
571 Pontiac Avenue
Cranston, RI  02910

Call for your Low-Cost Consultation Today!
(401) 632-6976

(Now located at 70 Dogwood Drive in West Warwick, Rhode Island)

Do you have anyone that you care about? If so, you may want to consider insuring that you have a Will drawn up by a competent Rhode Island Lawyer.

For many people, having their Last Will and Testament Drawn up is the last thing on their minds. Of course the reason for this is fairly obvious. Very few people want to think about their death and many times loved ones don't want to talk about it either because the thought of losing that loved one simply brings up unpleasant feelings.

Yet having a Will is important if their are people in your life that you care about and things that you have acquired during your life. Your Last Will and Testament is your chance to insure that things are distributed to your loved ones, favorite charities, etc... even after you are gone. It's your opportunity to provide for the people in your life that took care of you or that were closest to you.

If you have the opinion that you don't care about what happens to your things after you are gone simply because you are no longer present, you are certainly entitled to your opinion, yet I invite you to think again.

Probating an estate can be far from enjoyable for the people who are left behind. If you die without a will (intestate) and have assets and/or obligations sufficient that the Probate Court needs to be called into play, you may be putting a loved one through not only your death but the horrible task of dealing with your failure to plan for your death by simply creating a Will to tell the world what you wanted to happen with your belongings.

If you don't plan ahead and decide what to do, then the state (by way of the Probate Court) will decide for you and that may be very unpleasant for those that are left behind.

It's poor planning and shows a lack of care and concern for those your are leaving behind to simply assume that people will simply take what they want or that specific loved ones will receive what you have told them verbally that you want them to have.

Without a Will, or reciprocal Wills for a couple with children, sudden death for both parents involved in a car crash or some similar tragedy (unfortunately an event that occurs all too often) will leave the children without a legal guardian to protect their interests and look out for their well-being.

When you create your Last Will and Testament, you determine the way you want things to be . . . . without a Will . . . the state will decide what is best.

You be the judge. Who would be better off making good decisions about your property, your debts, your children and your life's holdings.

I'd bet on you every day of the week and twice on Sundays.

Feel free to contact me if you are in Rhode Island and need to form your Last Will and Testament economically and effectively.

Attorney Christopher Pearsall
Pearsall Law Associates
70 Dogwood Drive, Suite 304
West Warwick, RI  02893

Phone:  (401) 632-6976

Proud to be Rhode Island's Most Affordable Full-Time Divorce Lawyer!

Recently a gay couple filed for divorce in Rhode Island.  They were married in Massachusetts shortly after the Commonwealth enacted a law allowing for same sex marriages.

Rhode Island has no statutory authority or provision allowing for same sex marriages and therefore the gay couple could not have been married within the State of Rhode Island.  Yet here they are, filing for divorce under Rhode Island's laws as the state of proper jurisdiction.

It poses a rather interesting question.  If Rhode Island doesn't allow or otherwise sanction same sex marriages, should the Rhode Island Family Court have the power . . . or better yet does the Rhode Island Family Court have the jurisdiction to preside over a dissolution of this marriage (via a Rhode Island Divorce Proceeding) when such a marriage could not have been created within the State of Rhode Island.

Anyone caring to weigh in on this subject is welcome to do so, provided the response is not discriminatory and serves to address the issue.  The issue is not one of morality but rather one of legal rights and/or interpretation.

Since good healthy debate stirs the free flow of information and is the heart of good communication, I welcome you to post both pros and cons, your opinion, etc..

I will endeavor to keep my blog readers apprised of this case and any other interesting divorce and/or family law issues that run across my path on a day to day basis.

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

Phone:  (401) 632-6976

Know Your Rights!  Call for an Inexpensive Divorce Consultation Today!

If you've ever needed a Rhode Island attorney, you have probably searched for one who offers a free consultation.  This week I reluctantly discontinued offering a free consultation as a Rhode Island lawyer for practical reasons.

Everyone wants a bargain and it's great to get things for free, yet time is what we as attorneys get paid for . . . time and expertise in the law.  Unfortunately, costs keep running even during free consultations.

I can't begin to tell you how many hours I have spent and how much free advice I have given only to have to pay for the expenses of heat, light and rent for that very same time.  In the end, it all comes down to numbers.  Bills need to be paid and food needs to be put on the table.

Ultimately any good business person who has an ounce of common sense would take the steps necessary to eliminate counterproductive aspects in their business and increase productivity.  If this means eliminating my ability to offer a free consultation as a Rhode Island lawyer in order to maximize my law practice, then it is certainly in the best interests of all my clients to do so.

Have I had a few people who have turned away the consultation because of the nominal fee I charge?  Absolutely!  Some people won't do anything if it's not free.  Yet here is  the fantastic thing I learned about my choice to discontinue the free consultation.  I eliminate my wasted time.  I weed out the tire kickers who simply want my legal advice for free . . . And best of all. . . I maximize my time in such a way that I can keep my rates as low as possible for my clients.

Ultimately my elimination of the free consultation as part of my Rhode Island law practice has benefited all those who choose to use my services.

Do I regret that people do not see the true value they get from a consultation of $50?  Not at all.  Anyone who has done their homework will know the value of an experienced attorney.  I could charge $200 an hour for my services and still might be undervaluing what I do for my clients.  Yet if you were to get 30 mins. of quality legal advice from me for only $50 so that I could cover my bare costs, who has reaped the biggest reward . . . . you or me?

In the end, I still think it's me.  You've helped me cover my costs.  You've trusted me with advice on an important issue in your life.

You've allowed me to help you and that's precisely why I'm here.

Do you have a legal issue or question that is weighing on your mind?

Do you need some legal guidance but you don't want to drain your bank account?

I'm here to help.

Attorney Christopher Pearsall
Pearsall Law Associates
70 Dogwood Drive, Suite 304
West Warwick, RI  02893

Call Today for Your Quick Consult from an Experienced Rhode Island Lawyer!

Phone:  (401) 632-6976

As a Rhode Island lawyer I constantly receive telephone calls from prospective clients.  The question?  How much do you charge/cost?  It is not a question easily answered.  People might like a set amount or a set hourly rate and it is entirely possible that one or more practitioners might give a rate over the telephone.  Yet are you guaranteed that this is the exact same rate that you will get in a written agreement when you meet with the attorney.  Not likely?

Why would there be any variation?  Attorneys don't always charge the same rate for every aspect of a case or every type of case.  Court time is often much different than non-court time.  Trial time is much different from investigative time and could be charged differently.  Costs may be factored into an hourly rate with some attorneys and may be billed separately with others.  Some attorneys may charge a flat rate for a block of time and others may charge a flat fee for a type of matter such as a DUI or an uncontested divorce.  In truth there are any number of variations for a fee.

For my part, my greatest variation is with the financial situations of my clients.  Depending upon the financial situation of a particular client, the complexity of his or her matter and whether it is in suit or needs to go to trial are all factors that I use to determine the rate I will charge.

It is disappointing that there are attorneys who will quote a "one size fits all" rate for all clients without consideration to the degree of work that needs to be done or its complexity.

How much should an attorney cost?

If you get an answer to this question without having met with the attorney, given the attorney all the facts necessary to properly evaluate the case and discuss what is required to represent you or perform the work you are requesting. . . the answer you have been given is probably just bait that is thrown out there to see if you are the little fish who will bite at it.

Rhode Island Divorce proceedings are difficult.  Emotion tends to be one of the biggest factors that tends to affect divorce proceedings when clients aren't reigned in by the practical concepts and legal principles presented by their lawyers.  In every Rhode Island divorce both the parties and their divorce lawyers want to move forward.  Thus, they want to make MOTION!  Moving ahead is, after all, a part of divorce proceedings.  Divorce is a legal mechanism for the the distinct separation of a relationship that no longer functions for both parties.

Emotion may however, become a hinge pin dictating the MOTION of a divorce and squelching the momentum of the divorce process and hindering the ability of each person to move forward legally and personally.

Hiring the right Rhode Island Divorce and Family Law Attorney for your divorce proceeding can ease the emotional hingepin.   A good Rhode Island Divorce attorney who is professionally and personally familiar with the family law process can guide you through not only the legal turmoil but also the emotional stagnation that comes from vindictive spouses, feelings of abandonment, rejection and failure, and empathy for what you are going through.

When searching for the right Rhode Island Divorce and Family Law Practitioner that fits your needs, balance is key.  Does the attorney demonstrate experience in the areas of Rhode Island Divorce and family law issues?  Does the attorney appreciate my non-legal concerns about the relationship itself and endeavor to anticipate what affect this might have on me in the future both emotionally AND legally?  Has the attorney experienced the family court system himself or herself so he or she can truly appreciate how important my matter is to me.

Emotion prevents Motion!  Helping your Family law matter can be as simple as choosing the right lawyer who cares about you!

Get the right attorney  . . . help yourself . . .and restore the Motion in your life.

If you've been in a Rhode Island Family court either for a Rhode Island divorce proceeding or other family law matter and you've been represented by a Rhode Island attorney then you most likely have seen the attorneys go into the judge's chambers on more than a few occasions to discuss your case.

This can, and often is, very frustrating for clients because they want to witness first-hand everything that goes on in their case.  To the uninformed client it can appear fairly suspicious and cause considerable nervousness because they don't know what is being said about them, their case, their assets, their responsibilities, etc. . . . . all behind closed doors.

I can certainly understand the concerns of these clients.  Here they are sitting in the courtroom, waiting to be heard . .  expecting to be heard . . . and waiting as the moments tick by so that they can say something . . . . ANYTHING . . . to make sure their side of the story is heard by the Rhode Island family court judge assigned to their divorce case.

No doubt, as clients sit in the gallery (a more respectable term than the church type pews that line most of the state court rooms) waiting for their attorneys to come back from the mysterious "chambers" of the judge, they conjure in their minds various images of what may be taking place in the judge's chambers based upon everything from their attorney's demeanor that morning, to the size of the briefcase the other attorney may be carrying in comparison to their own counsel.

So is there a purpose to these "backroom" gatherings that clients worry about?  Or, is it merely a way to keep the client's mouth shut and bill a few hours for the attorney?

As a Rhode Island attorney focusing my law practice in the area of Rhode Island Divorce and Family law, I can tell you with certainty that these questions are not merely a creation of my own mind.  These are, in fact, questions that are routinely tossed my way by clients, by spectators and by arm chair lawyers that want to second guess their attorneys who may well be in with the judge at the time they choose to try to pick my brain, "free of charge", while they sit and wait to find out what fate may befall them on that particular day.

The long and the short of it, is that conferences between counsel and the judge on Rhode Island Divorce and Family Law Cases are in some instances mandatory, such as Case Management Conferences and Pre-trial Conferences, and are, in other instances, necessary to move the court's docket.

Practicality must be a weighing factor here for all concerned, litigants, attorneys and judges.  Every year the state courts are overflowing with divorces, custody cases, domestic abuse matters, etc...   There are, in fact, many judges who sacrifice their own personal time and convenience (thanklessly I might add) in order to hear additional matters that wouldn't otherwise be heard if the judges didn't go beyond the scope of what they are simply expected or required to do on a daily basis.

Many Rhode Island Divorce and family court judges deserve a pat on the back or round of applause for what they do for the constituents of Rhode Island and those that become subject to the Rhode Island family court system.  It is unfortunate that the public itself rarely sees the things the judiciary do for them from the bench and it is rare, if ever, that good servants of the people go unrewarded and unappreciated.

Though we all have our good and bad days, I believe it is worth noting one particular week in which I observed Magistrate Jeanne Shepard who at the time was sitting in the Providence Family Court hearing nominal proceedings, miscellaneous proceedings and protection from abuse matters.  I appeared in the magistrate's courtroom three times in the same particular week.  That week and the timing of cases was particularly hectic to my schedule and many other practitioners as the case calendar was very heavy with limited time for each matter.  Though Magistrate Shepard's voice was "short" at times with both pro se individuals and counsel alike, she endeavored to hear each person in turn, was attentive as each person presented their case, limited testimony to the extent of the rules of evidence and what was appropriate . . . and most significantly on two of the occasions she required her clerk, her stenographic court assistant and her courtroom sheriff to delay their lunches for nearly an hour on two separate occasions to help accommodate people who had been waiting to be heard that morning and to help attorneys rework their schedules so that not only her docket but other court dockets could move forward.  Though not appearing to be an exuberant gesture to to anyone, it was a thoughtful and selfless act that was not within any requirement she had.  It was well worth the slight rebuke I received when I endeavored to bring testimony before the court that was only tangentially related to the case matter.

The point is simply this.  Conferences are a part of the Rhode Island Divorce and family court process.  By and large conferences are much quicker than full hearings requiring movement within the courtroom, swearing in, the formalities of entering exhibits, cross-examination, redirect examination, offers of proof and objections that may go on endlessly if counsel is not particularly adept at asking questions within the boundaries of each and every evidentiary exception.  Conferences, generally speaking, can save the client considerable time and money as well since conferences are designed to expedite the process.

There are both pros and cons to conferences that clients should be well aware of.  Conferences will rely upon the advocacy skill of your lawyer in an informal setting.  Hearings rely upon the advocacy skill of your lawyer in a formalized and possibly highly regimented courtroom proceeding in which a judge may hold your attorney to the letter of the law as to argument, testimony and evidence.  Thus, information that your attorney might be able to convey that is favorable to you in the course of a chamber's conference with a judge may not be admissible at all in a formal courtroom hearing.  If this were the case, valuable information that YOU consider evidence and want presented at a "hearing" on the record . . . may never be heard or even considered by the judge even though your attorney may make an offer of proof as to that information which the court may consider.

No one can expect nor predict if the results of a chambers agreement would, or even might, mirror the outcome after a hearing.  Yet there are significant benefits to chambers conferences for clients and it is best to discuss those benefits with your attorney in determining what stance you would like him or her to take.  Practicalities are a concern both with timing, court docket, scheduling, and the monies and time necessary to achieve the result you want in the manner in which you want it.

What goes on behind closed doors?  Agreeable resolutions with the candor of individuals who usually know the system, appreciate the practicalities, keep the client's concerns and legal interests foremost in mind and want you to be able to move forward to a better tomorrow.

Ever since I was in high school I've heard lawyer jokes. When I became a litigation paralegal many years ago I became patently more aware that they existed and heard them even more. Today I don't hear them as much. Why? Probably because I'm a Rhode Island lawyer and there are a good many people who are decent enough not to simply throw out a tasteless (or even tasteful) joke at parties or gatherings simply to have a laugh by insulting my chosen profession.

In truth, most people would agree that personally I have a fairly good sense of humor and that I could (and in all probability would) appreciate a well-told joke regardless of any negative connotation that it may have on my chosen profession. I mean, let's face it. . . .most jokes poke fun at what people perceive (albeit stereotypically) as a dominant trait of a profession, race, religion, etc...

In fact, on our office coffee table we have a book of 500 Lawyer Jokes for those waiting to meet with us. This little book and the idea of jokes about our profession actually spawned a brief conversation between a few of my Rhode Island colleagues, myself included.

First, the attorney who actually provided the book to us for the table found it to be ironic and expressed that clients would probably appreciate it that an attorney's office would have such a book for their clients not only in plain view but literally placed right in front of them so they would almost certainly read it. The message conveyed to clients and visitors in this case seemed to be that we as lawyers are not so stuffy, pompous and overly professional that we cannot step back and either "look at the lighter side of our profession as lawyers" or laugh at ourselves and colleagues who, though lawyers, may have made atypical bunders that are in truth funny or downright hilarious.
Now another Rhode Island attorney who came into the office found the book personally offensive and thought it inappropriate to have the book at all. This attorney's feeling was that lawyers as a profession have been ridiculed for years and a gross misimpression has been presented to the public that we are all greedy thieves who make too much money and only survive to see how much money we can get out of people. My colleague's opinion was that by providing such a book to clients we are perpetuating and fueling the bad sentiments of the public toward lawyers.

Then there is me. I'm undecided on the subject of this little book. In the scope of a law practice, the big picture of world events, the struggles of those who barely survived in the wake of Katrina's devastation, this little book seems so trivial and yet it still has a place and plays even the smallest role societies perception of the profession or even the person (or people) who have the book such that people continue to make judgments and those judgments still affect business and personal decisions about who we will and will not work with, who we will hire and who we won't and even who we will associate with. It is, to say the least, a small yet interesting philosophical maze of thought.

There is, however, one point upon which I can generally agree. The general public concensus reveals that lawyers are not looked upon well and they have received a "black eye" as far as professions go. As a Rhode Island lawyer I fell into family law more by accident and necessity than anything when I first began my law practice. Today focus my practice on Rhode Island divorce and family law issues.

Today, however, I find myself contemplating this little book of 500 Lawyer Jokes and the opinions of my colleagues as well as what I know to be a fairly consistent consensus of the general populous that by and large most lawyers (divorce, family law or otherwise) are cheats and swindlers that are overpaid and can't be trusted.

The conclusion I come to is somewhat self-informative. We as attorneys (in various areas of law) have a black eye in the community and the public at large.

I found this much more fascinating and much more significant than the little book on the waiting room table. Yet this is a thought process that is far from complete and will take a bit more pondering.

In closing this particular blog post, I have no true opinion on the little book itself. It can stay. It can go. It's a book. It's information. It's entertainment. Just as the author has the right to poke fun at the legal profession which is still only made up of people who do make mistakes which are sometimes hilarious, I believe that clients should be able to read such things if they like. If I can't laugh at myself and at those who artfully poke fun at my profession then my skin is a bit too thin for me to be practicing in my own profession. Pride in my profession does not mean I need to be intolerant of others or their writings.

The more crucial question I will ponder for the continuation of this blog article is this.

Whether as a Rhode Island Divorce and Family Law Lawyer or a Rhode Island Superior Court Litigation Attorney or an Estate Planning Lawyer my profession has a "black eye" in view of the public, is the black eye misconceived or is it well-deserved?

I'll keep you posted as this philosophical joust continues.

In the meantime, there are still good Rhode Island Lawyers out there and I'm happy to assist anyone with their divorce and/or family law issue. Yet to the extent that I am not the right attorney for you or the match simply isn't there, I am familiar with several attorneys in Rhode Island besides myself that I believe are also atypical of the black eye our profession may have and I can recommend them unwaveringly and without hesitation to help you in any of the various legal matters you may encounter.