April 2008 Archives

The word "nominal" is generally defined as meaning something "small, brief or of little consequence or value."  In its root form its literal translation was akin to "in name only".   In Rhode Island Divorce proceedings you can understand a Rhode Island Nominal Hearing by thinking of it as a combination of its linguistic roots and its modern day definition.

A Nominal Hearing is a divorce hearing in which there are no "disputes" presented before the court for determination and the court is only required to make determinations regarding those issues required to be addressed as required by law in order for the judge to grant a divorce.  Since the hearing presents no disputes, it is typically very brief and usually lasts less than twenty (20 to 30) minutes.  It may be considered a hearing "in name only" because you are merely presenting to the court matters that are not in dispute and the proceeding becomes something akin to a formalization of what relief is requested by the court.

This is an excerpt.  To read the full article click here

Authored by:

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

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

There is a great concern about medical coverage today.  This is not surprising with the skyrocketing premiums  of medical insurances and increasing deductibles and co-pays.

For these reasons and many others, medical insurances and healthcare expenses should be given serious consideration when settling your Rhode Island Divorce or if you are involved in a Rhode Island Family Court matter involving the establishment of healthcare related provisions.

The Todd & Liz Story - An Illustrative Example of What Could Happen:

Todd and Liz have been living in Cumberland, Rhode Island for six (6) years.  They have been growing apart steadily since the day they got married and have three (3) minor children.  They mutually decide to get a divorce.  They are amicable and civil about it and come to an agreement that addresses splitting their assets, and debts, and also provides for their children's needs. 

In their Rhode Island Divorce both Todd and Liz each had their own attorneys and were pleased with the representation they received. When the divorce was finalized, Todd was awarded placement of the minor children by agreement because he has a good, longstanding income to support himself and the children and Liz felt it was best for Todd to buy out her share of the house to allow their children to remain stable by staying in their existing home.  They both felt the divorce would be hard enough for the children.

Several years later two of the children visit with their mother and they have braces.  Liz wasn't consulted by Todd about the braces, who would provide them, why they needed them or what it might cost.  Todd tells Liz she has to pay him $4,000 for 1/2 the cost of the braces.  Liz isn't given a bill and is surprised that she has to pay for braces and wasn't even consulted about them.  Liz looks at her Final Judgment of Divorce. 

Paragraph 6 reads,

Husband and wife shall each be responsible for one-half of all costs for the medical and dental expenses of the minor children.

Liz does not find anything else in her Final Judgment stating that she has to pay for one-half of any orthodontic expenses. 

Liz calls a local dentist and asks him if orthodontic is the same as dental.  The dentist assures her that they require different degrees and are two separate areas of medicine dealing with teeth so they shouldn't be considered the same.  Liz has a boyfriend Tom who is concerned because Liz is so upset.  Tom has dental insurance and calls Blue Cross Dental to see if it covered braces.  Blue Cross confirms for Tom that dental coverage does not cover orthodontia because it is not considered a dental expense.  Tom decides to call Delta Dental of Rhode Island and asks them if their plan would cover children's braces.  Delta Dental tells Tom that dental plans do not cover braces because orthodontia is not dental because it could not be performed by a dentist and only work performed by a dentist or dental hygenist is considered dental.

When Liz divorced Todd she said she had no problem with Paragraph 6 because she believed "dental" meant the "services performed by dentists".  Liz and Todd were divorced during a nominal proceeding in which all the terms were reached by agreement to by the parties.  Yet Liz never believed that dental included braces otherwise she would not have agreed to it.

Liz does not pay for the braces and Todd takes her to court by filing a Motion to Adjudge in Willful Contempt asking that she pay the entire bill in full plus other medical expenses that Liz is unaware of. 

The matter goes to a hearing before the court.  The court does not find Liz in Willful Contempt but orders Todd to produce the bills for the braces and the medical expenses as well as the payments he made on them.  The judge also orders Liz to pay 1/2 of the braces and medical expenses that Todd can produce the bills and proof that he paid the bills for the minor children.

The court makes a finding that in Paragraph 6 Liz was ordered to pay one-half of dental expenses for the minor children and that braces and orthodontia fall are "dental" and though she is not in contempt because she did not realize it, she is being ordered to pay it because it falls within the court's order in Paragraph 6.

For the Complete Article, Lesson and Questions, click here

Authored by:

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

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

As most people know, Rhode Island Child Support is based on the gross income of the parents of the child(ren) who are entitled to the support.  What is often not clear about child support is that there are any number of parents who would rather avoid paying their allotted share of child support. 

A parent can attempt to do this in any number of ways by hiding their income.  One way a parent may attempt to do this is to hide income in a corporation or some other such entity like a Limited Liability Company.

Naturally, if the parent is able to conceal their true income or a sufficient amount of their income, then the Rhode Island Child Support Guidelines calculation will be tainted and that parent will not be ordered to pay their appropriate amount of child support because the total child support the child(ren) are entitled to will not be correctly calculated and of course this means the parent will not be paying the appropriate percentage the children are entitled to receive.

There are several things you might want to look into to get at the parent's income.

1. Obtain the personal and, if applicable, the business tax returns.
2. Obtain the personal and, if applicable, the business banking records.
3. Obtain any supporting documentation, receipts, invoices and bills that backup the personal and/or business tax returns of the parent trying to hide the income, especially documents relating to any deductions taken by the parent since deductions are the most likely location where income will be hidden by the parent.

There are several ways you could get at these records.  Some may be more effective than others.

To obtain the records you might try the following:

1. Send a Request for Production of Documents to the parent attempting to hide the income which specifically requests the documents noted above.
2. Send Interrogatories (Questions to be Answered Under Oath) to that same parent.
3. Send a Request for Admissions to the parent, attach any documents that you have that you want the parent to admit the genuineness of, and include any facts that you want the parents to admit to.
4. Have a Subpoena Duces Tecum (Attendance with Requested Documents) issued by a Notary Public directed to the parent and requesting that the parent produce the requested records in court.  In this instance you would want to request everything from the parent listed above for a reasonable period of time.
5. Have a Subpoena Duces Tecum (Attendance with Requested Documents) issued by a Notary Public directed to the parents tax preparer requesting that the tax preparer produce his or her entire file including receipts and backup relating to personal and the business tax returns.

Keep in mind that getting business records will be more difficult than obtaining personal records, especially if the records relate to a corporation since the court will have a propensity to protect the records of a business entity and consider it as a separate issue entirely and therefore irrelevant to the individual parent's income.

Authored by:

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

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

Preparing a Motion in a Rhode Island Divorce is simply a matter of following a general formula of elements that the court and the judge will be looking for so that it can be recognized as a motion, identified with the correct case, notify everyone as to what you are seeking and why and let the court judge know that the opposing party has had property notice.

1.  The first element is a basic header.  It includes the name of the  state, the county, and the court in which the matter is pending.  In the family court for Providence Family Court the typical header would appear at the top of your motion and would look like the following:

STATE OF RHODE ISLAND                                                                                   FAMILY COURT
PROVIDENCE, S.C.

Note that the header is in all CAPITAL letters with the state and county flush with the left margin and the name of the court flush with the right hand column.  The S.C. after the county name stands for Sheriff's County.  In some instances you may see S.S. or SS. used which is the older colloquialism for Sheriff's Shire.

2.  The second element that appears under the basic header is the case caption.  The case caption contains the names of the plaintiff above the name of the defendant as well as the case number assigned by the court.  The case caption would appear as follows:

JOHNATHAN SMITH

VS.                                                                             CASE NO. P08-0086                                                                

MARY SMITH

Note that typically the case number is placed from the center typing toward the right margin.

3.  The third and simplest element is the title of the motion which is typed in all CAPITAL letters, centered and often underlined.  For instance, a motion for modification of child support would appear as follows:

MOTION TO MODIFY CHILD SUPPORT

4.   The fourth element of a Rhode Island Divorce or Family Court motion is the body of the motion which includes your request for relief and the basic reason(s) why the relief should be granted.  The typical body of this motion may be in standard type and paragraph form as follows:

        Now Comes the Plaintiff, Johnathan Smith and moves this Court for an Order modifying his child support obligation in this matter.

        In support of this motion the Plaintiff states that there has been a substantial change in circumstances and/or incomes of the parties since the last time the child support obligation was set.

5.  The fifth element is the closing of the motion which contains the parties name and either the name, address and telephone number of the party or the party's attorney.  It also contains the hearing date for the motion which would be obtained from the clerk of the judge who would be hearing the motion.  It would appear as follows if Johnathan represented himself (Pro Se)

                            JOHNATHAN SMITH
                            PRO SE

                                  ________________________

Johnathan Smith         
15 Mantel Avenue
Coventry, RI 02819
(401) 467-2392

6.  The last element is the certification.  If this is an initial motion and the case has been either closed or inactive (without a pending court date scheduled) then you will have to create summonses and have your spouse served as required by law.   This is a topic beyond this short article posting.   However, what I am referring to here is when a case is active and there is a pending court date in the case that you are filing the motion in, then you must provide a certification that tells the court that you served the opposing party by mail (or more appropriately their attorney if they are represented by one).  It appears below the closing and looks like the following and must be signed by the person doing the mailing (i.e. making the service):

CERTIFICATION

     I certify that on April 15, 2008 I served a copy of this motion by first-class mail upon Mary Smith at 88 Dupont Lane, Providence, RI  02903

                                        _______________________________

For those who must represent themselves in family court it is my hope that this tutorial on motion drafting has been helpful and that the formatting tools used to create this article have not made it appear too disjointed.

Authored by:

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

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

Presumably a subpoena holds just as much power in the Rhode Island Family Court as it does in the Rhode Island Superior Court.  However after eight (8) years in practice I have learned that there are differences in the power of a subpoena in the Family Court system.

First, however, let me be clear that the difference in the amount of power a subpoena has or may appear to have in any given legal proceeding has nothing to do with the Rhode Island General Laws or the Rhode Island Procedural rules for Superior Court or Domestic Relations matters.

That being said, the power of the subpoena is diminished because of the weight it is given in each of these forums. 

In the Rhode Island Superior Court the superior court judges appear to give more weight and seriousness to subpoenas than those judges in the Rhode Island Family Court System.  By and large the vast majority of subpoenas that I have seen issued in the Rhode Island Superior Court were taken seriously and enforced by the judge presiding over the case.

In Rhode Island Family Court cases, however, subpoenas and subpoenas duces tecum are treated lightly and have readily become the targets of Motions to Quash, despite the fact that the information requested is reasonable, relevant and even necessary to the case of the issuer.

What litigants should perhaps be most aware of is that the Family Court Justice may take little or no action against a party who has been subpoenaed to court to bring documents, particularly banks, financial establishments, and professionals who may be considered experts.

The moral of this article is that the subpoena is often seen by clients as a "sure thing" to get the information they need to prove their case.  In Family Court it most certainly is NOT a sure thing.  Keep this in mind if your own attorney is stonewalled either by the court or the opposing counsel.  Even though there are procedural and statutory provisions governing subpoenas and their consequences, your attorney is limited to being your advocate.  Once your attorney advocates for your position regarding the subpoena issued on your behalf, he or she thereafter may remain powerless.

In the end, a subpoena's enforcement falls upon the justice who sits upon the bench.  If the Justice fails or refuses to enforce the subpoena, your attorney is powerless to do anything further other than to protect your interests for appeal.

Authored by:

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

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

In Rhode Island Divorce and Family Court matters it is often said that a court speaks through its "Orders".  This is truer than most laypeople might like to believe.  However, with the ever growing caseload in the Rhode Island Family Court system, judges cannot reasonably be expected to remember every case that is handed to him or her on the bench.  Typically a judge may look at his or her notes and review the Orders in the case to see what was previously Ordered and refresh his or her recollection of events that may have already come before him or her previously.

For a better understanding of how a court proceeding may operate, an "Order" is typically signed by the judge presiding over the case or controversy at hand and is usually related to one or more issues in the case but does not necessarily finalize a case unless the case was a single issue such as a Motion to Modify Child Support.  In that type of case an Order typically ends the issues and closes the case.

A "Decision", "Final Decree" or "Final Judgment" symbolizes the end of a case and the Judge's final decision usually in a case that has been heard on its merits.  These documents are essentially, elevated Orders but they have sufficient finality such that they carry a greater status and are, generally speaking, subject to review or appeal to a higher court if a party disagrees with them.

With that said, let's look at Orders once again.  An Order instructs one or more of the parties involved in the case, or the parties' attorneys, to take a particular action or actions or the Order otherwise prohibits them from doing certain things related to the case.

Orders may arise in several ways.   An Order may be made by a Judge after oral argument in open court by the parties or their attorneys. An Order may likewise be made after a hearing on the merits in which testimony is taken, arguments are made and the court is called upon to render an Order based upon the evidence presented.  Finally, an Order may be made by the "agreement of the parties" in which the parties agree to the terms or an Order that may enter either with or without the assistance of the court.

An Order by Agreement of the Parties is, and should be, of particular interest to litigants either in a Rhode Island Divorce Proceeding or in any other family court matter.  This Order typically originates by one of three processes. 

First, it may result from an "in chambers conference' or a "bench conference" with the judge and with counsel for both sides agreeing to particular provisions or terms of an Order after discussion with the judge thereby binding their client to the result.

Second, an order may result from a hearing after oral argument and/or testimony upon the record of the court (that is... taken down by the court stenographer) with the Judge issuing an order relative to the matter presented to the court.

Third, an order may result from both parties and/or their attorneys reaching an agreement as to what terms are acceptable to both of them and the agreement of the parties is presented in the form of an Order for the Judge to sign and occasionally for the parties to sign.

If you look back at the orders that are entered by the "agreement of the parties" either through the parties themselves or after being bound by their attorneys, those Orders have been referred to in case law as "Consent Orders."

Now you may be wondering what this means to you, right?  While judge's, and many attorneys might wish to simply treat these orders as Orders of the Court, meaning . . . . the Judge signed it . . . so you do it, yet that is not supposed to be true in many cases. 

In the case of Waters vs. McGee, 877 A.2d 658 (2003), the Rhode Island Supreme Court indicated that although the court gives its "imprimatur" or "seal of approval" to the agreement between the parties, an Order that is by agreement of the parties and is simply approved by the court is to be treated as a contract between the parties and it should be treated as such by the courts.

This is significantly different from much of the court practice today and both attorneys and laypeople who are faced with issues in Consent Orders (those Orders by agreement of the parties) should be aware of the Waters case.  It is a case that specifies how Consent Orders are to be treated and judges, attorneys and laypeople need to know about it.

One brief example will show you the significance.  Mom, Katrina, enters into an order by agreement with her ex-husband, Glenn that their oldest child Liza may go and live with Glenn for a period of 3 months because the daughter, Liza would like to try living with her father. During the 3 month period however, the relationship between Liza and her mother degrades to an almost irreparable level and the child is out of control without any discipline because of Glenn's manipulation of Liza and his girlfriend twisting things against the mother.

The Mother, Katrina, files a Motion for Return of the Minor Child to her care as a result of the circumstances and pursuant to the ruling in Waters vs. Magee.  The judge however has ordered counseling and for reasons unknown to Katrina the judge unilaterally orders the child to remain with the father without making any findings of fact.

Though in this instance the argument did not prevail, it is likely that it should have prevailed.  The more this argument is used, the more likely it will be respected in the future by judges based upon the Rhode Island Supreme Court ruling in Waters v. Magee.

Authored by:

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

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

In the Rhode Island Divorce system you may often find that attorneys for one or the other of the parties in a placement or visitation matter may ask the court that one or both of the parties participate in an investigation by the Family Court Investigative Unit  (FCIU).

This request could be for any number of reasons such as to check the home of each party to make sure it is suitable either for placement or for visitation.  Or it may be to check on the suitability of the parent to have placement of the child or unsupervised visitation with the child.

The investigation may involve interviewing each parent, visiting each residence, speaking with friends, neighbors and family who are nearby or close to either parent to determine the nature of the situation the child may be thrust into when either party has physical custody of the child.

Investigators may often resort to obtaining releases and getting school records and speaking with school guidance counselors to get an educational picture of the child's well-being.  Though rare, an investigator may require access to the child's medical records, particularly if there is a mental health counselor for the child.

Investigators will also interview the child or children and endeavor to see the interaction between the child and each parent and provide their observations regarding the veracity of the child and the parent.

The purpose of an investigation by the FCIU is to bring back to the attorneys for the parties and to the court a report of what steps were taken and the factual information the investigator obtained from his or her investigation.  In this way the parties and the court have third-party and hopefully unbiased factual information that may be help all concerned to reach a resolution of the matters before the court for the well-being of the child(ren) and the parties.

Authored by:

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

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

For those going through a divorce who already have a Rhode Island Divorce Lawyer, this may be something you have come across.  It is called "template discovery".  It is not a practice that I participate in.  Some divorce lawyers will justify the practice by stating that template discovery is necessary to prevent a claim by the client of legal malpractice on their part.  I completely disagree.

I am, however, getting ahead of myself.  It is best that I explain what "template discovery" is.

During the course of any litigation process, including divorces and separations, their are certain procedural rules that allow for methods to be used to "discover" the other party's position, asset, etc.  These methods are best referred to as "legal tools" that are afforded to litigants and their attorneys.

One such tool is called "Interrogatories".  These are simply questions that must be answered under oath or objected to by the person to whom they have been sent within forty (40) days of the date they were sent.  The date they were sent is known as the date of certification and it is contained in a formal "Certification" clause at the bottom of the interrogatories and other forms of discovery.  Interrogatories are limited to thirty (30) in number unless a party obtains permission of the Rhode Island Family Court.

Another such discovery tool is called a Request for Production of Documents and Other Things.  This is a document prepared and sent to an opposing party for him or her to produce documents and other relevant things for inspection within twenty (20) days of the date the request was sent as set forth in the "Certification" or to object to the production based upon a legal basis or privilege.  Requests for Production of Documents are unlimited in number and may be sent in numerous sets.  Although the Rhode Island Domestic Relations Rules of Procedure required only that you produce the documents and other things for copying and inspection (presumably at the opposing party's expense), litigants typically produce copies of the documents and other things to the extent possible and mail their to the opposing party to their divorce attorney.

Another discovery tool provided by Rule 36 of the Rhode Island Rules of Domestic Relations Procedure is called a Request for Admissions.  In this document a divorce litigant is ask to admit either the truthfulness of a particular statement or the genuineness or authenticity of a particular document.  Litigants who receive a Request for Admissions have only ten (10) days from the date of Certification on the document to object to the request based upon a legal ground or privilege and only twenty (20) days to file their formal response to the requests that are not properly objected to.  Failure to file the objections in a timely fashion, and failure to file a response within the (20) days is considered a waiver of objection and the genuineness of documents and statements are deemed admitted.

Depositions are also a discovery tool that may be used in the Rhode Island Family Court but permission of the court must first be obtained before a deposition may be taken and depositions are not pertinent to this article.

Now that you understand a bit more about the discovery tools available in a Rhode Island Divorce proceeding you will better be able to understand the concept of "template discovery".

Template discovery is usually reserved to Interrogatories and Requests for Production of Documents.  In essence the divorce attorney has created a set of Interrogatories and/or Request for Production of Documents as a "template".  In other words, the Interrogatories and/or Request for Production of Documents contain every question and every request that the attorney might want to ask in ANY divorce case.  Now a portion of the Interrogatories and the Requests for Production might well relate to your case.  In fact it is possible that that all might relate to your case.  However, these are templates that were created months or even years ago to be used over and over again.  Generally they are given to a secretary the caption is changed to put the name of you and your spouse, the Docket number is changed and the date of Certification is filled in differently.

Now, I must admit that as a divorce attorney this is economical.  You have one set of each document and you send it out in every case.  It saves enormous time for the attorney.  Yet here is the kicker.  If each of those documents took 2 hours to create, even if it was 10 years ago, you'll find in some cases that you as the client are charged 4 hours for these Interrogatories and Request for Production of Documents.  Do you find that fair?  I certainly don't. 

Take a look at the Interrogatories and Request for Production of documents that were sent to your spouse by your attorney.  Do they relate specifically and ONLY to your divorce issues or do they ask for a bunch of things that don't relate to your situation at all?  If they don't, call you divorce attorneys and get your bill.  How much were you charged for "preparing' those documents?  If you see several hours of time on your bill and the discovery isn't specific to your case, you've been a victim of "template discovery" a method used by some divorce attorneys to make extra money without doing the work.

Divorce is hard enough without your own attorney taking advantage of you.  In closing, there is one more thing you may want to consider.  Did your divorce attorney ask your permission before sending out this discovery?

If you've been taken advantage of in the manner described above, ask yourself, don't I deserve better?

Authored by:

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

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

This is a tip that many mothers are not going to like.  Whether you go to court for a divorce or whether you go to court for another family court related matter you should do this.  Here it is.  Leave your children at home.  Yes, that's correct.  Unless your minor child needs to be at the court to potentially talk to the judge and provide the child's preference on which parent he or she wants to be placed with, then leave your child at home.  All too often I see people bring babies and young children to the court and into the courtroom.

I understand that not everyone has family nearby.  I understand that not everyone has money to pay for a baby sitter.  Yet there are things in life that we have to deal with and somehow we get by.  If we're starving we find a way to get food.  If we have no roof over our child's head we find a shelter or place to go so that there will be a protection from the elements.  These things are much more tragic to deal with in comparison to finding a way to go into the courtroom for your family court matter without a stroller, cookies, toys, bottles, diapers and . . . . yes . . . a baby!   A court of law is not a place for a baby or a minor child who does not know that he or she must be quiet or cannot turn on their sound effects space toy or crying baby doll in the courtroom.

It never fails that on a weekly basis a parent will do this.  So what's the big deal, right?  Well, it's a big deal to the judge, the attorneys and the other people who are hear for their cases.  Why?  Because family court is a place of respect.  If it's not your turn to address the court then you should be silent.  Invariably what happens is a parent will bring in a baby or small child who will talk outloud or cry and wail, or kick the seat in front of him or her while the court is conducting its duties of the day.

Though by and large Rhode Island Family Court Judges are fairly tolerant of children, sometimes this is not the case.  I have seen judge's fly off the handle at a child in the courtroom wailing at the top of it's lungs so the judge can't be heard and the court stenographer is unable to hear the judge or take down what the Judge, Attorneys or Witnesses are saying.

Let me tell you that a judge's mood on any particular day is important to the decisions he or she makes.  It makes all the difference in the world to the attorneys and the people whose cases are coming before the court if the Judge has started his day in a bad mood because someone brought in a child who disrupted the flow of his cases and his ability to get his work done.  Not only might the judge consider it disrespectful, but the litigants in other cases before that judge might have to deal with a very angry judge whose mind may no longer be as open to the arguments for their clients as it once was. 

In essence, one crying child has affected the lives of everyone who is going before the judge on that day.  It may mean the difference of a mother keeping placement or losing her child or it may cause the judge  to act unfavorably on a motion that on any other day he or she might grant.

The affect of children in the courtroom should not be underestimated.  Nor should the effects it has on the children be underestimated.  In family court fights break out, judge's yell, attorneys yell, sheriff's handcuff people and take them off to prison.  It may be family court, but make no mistake, it is often very tragic, traumatic and even violent.  For the benefit of those who must be in the family court, and for the benefit of the children, think twice and leave minor children at home.

Authored by:

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

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

You can help your Rhode Island Divorce Attorney immensely by providing information at the very beginning of your representation.  The information your attorney will find most valuable is generally the following:

• Name and Description of Each Asset?
• Current Value of Each Asset?
• Who Purchased the Asset?
• Whose Name is the Asset Held In?
• Where is the Asset Located?
• Was this asset given to you or your spouse as a gift or inheritance?
• If so, who as the asset given to (your or your spouse) when and why?

• Name of Each debt?
• Person or Company to Whom the debt is Owed?
• The Account Number for the debt?
• The existing balance of the debt
• Who created the debt?
• When was the debt first created?
• What were the monies used for?
• Who used what monies that make up the debt?

• Do you have children?
• How many children do you have with your current spouse?
• Do you have any adopted children?
• What are the children's names and dates of birth?
• Where do the children live?
• Who is the primary physical caretaker of the children?

• When were you married?
• Where were you married?
• Are you still living in the same household?
• If not, when did you separate and why?
• Do you have evidence of infidelity of your spouse?

• Identify your employer's name and address?
• What is your job, and what are your job duties?
• How long have you worked with this employer?
• How much do you make per week?
• Do you receive any overtime?
• If you receive overtime, how much do you receive?
• Is your overtime regular?  (weekly, biweekly or monthly)

• Identify your spouse's employer's name and address?
   
• What is your spouse' job, and what are your spouse's job duties?
   
• How long has your spouse worked with this employer?
• How much does your spouse make per week?
• Does your spouse receive any overtime?
• If your spouse receives overtime, how much does your spouse receive?
• Is your spouse's overtime regular?  (weekly, biweekly or monthly)

        Give a thumbnail sketch of your educational background and the educational background of your spouse.

This information will be invaluable to your Rhode Island Divorce attorney as long as you really take time to brainstorm.  Remember that automobiles are assets but any financing for them is a debt.  Also, pensions, 401ks, investments, CD's, bank accounts are assets but loans against those retirement vehicles are debts.  A house is an asset but mortgages and equity loans against those items are debts.  This is not meant in the least to indicate that as the reader you can't figure this out.  Yet there are some clients I've had over the years who have experienced frustration because they truly do not understand the nature of each question.  As an example, most clients will not put down their new television and surround sound system or their new dining room set as an asset because they just see it as furniture.  It's understandable and yet knowing these things is helpful to your attorney and to the court because they are things that may have to be divided between the spouses.

If you want to get a jump on things and help an attorney evaluate your case, then complete this list thoroughly and take your time.  You'll find it's well worth it and it should save you money on attorney's fees in the long run.

Authored by:

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

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.