May 2008 Archives

Some people actually are confused about when they are truly divorced.  The confusion is understandable though.  Let me explain why and answer the question.

Most Rhode Island Divorces are resolved at a Nominal Hearing.  This is a hearing where everything is agreed upon and the formalities required for the court to establish jurisdiction, find the basis for the divorce, waiver of alimony, etc. . . as required
by law are simply put on the record of the court.

At the end of a Nominal Hearing, just as at the end of a trial, the hearing judge among other things grants a divorce to one or both parties.

If you simply listen to the words of the hearing judge without knowing that Rhode Island Law requires a 91 day waiting period before a judge may sign a Final Judgment of Divorce you might easily think that you are divorced at that very moment.

The answer to the question is that you are not divorced until a Final Judgment of Divorce is signed by a family court judge and entered by the clerk of court into the records of the family court.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
70 Dogwood Drive, Suite 304
West Warwick, RI  02893
Phone:  (401) 632-6976

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.

Question:  I had an affair before I filed for divorce.  If the judge finds out about the divorce what might happen?

Answer:  Divorce may be based upon irreconcilable differences or may be fault-based under Rhode Island Law.  A divorce case may be filed based upon adultery.  Thus, an affair may play a part in your divorce proceeding.  However, the role the affair may play in your divorce will be directly related to the circumstances and the timing of the affair. 

Consider these two diverse examples:

Example No. 1 - John & Tina

John and Tina have been married for 20 years and have two children.  The second child turns 19 and goes off to college.  Unbeknownst to Tina, John has been unhappy for hears and has considered divorcing her for years because they have had virtually no relationship.  However, before John files for divorce he gets a promotion at his job and meets a woman who makes him feel alive again.  He begins to see this woman for two months and then files for divorce and immediately moves out of the house.

In this instance, what role does the affair play?  If Tina discovers that the infidelity began two months before John filed for divorce she might assume that this "other woman" and this "affair" are the cause of the marital breakdown and file a counterclaim for divorce alleging infidelity.  If Tina insists on going forward with the counterclaim for divorce based on adultery, it is possible that her counterclaim will be denied if the family court judge hears John testify that he was unhappy for years and merely stayed together for the sake of their children and it was only by fate that he ran into a woman who made him feel alive again.  If the judge believes John and believes that divorce was inevitable, then Tina should not prevail on her claim of adultery because Tina has not shown the affair was the actual cause of the breakdown of the marriage.

[Exerpt]  To read the full article go to AttorneyPearsall.com

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.

The Rhode Island General Laws give the Rhode Island Family Court and it's Judges the power to make an equitable distribution of the marital estate.

But what does it mean, generally speaking, to make an "equitable distribution." 

Let's extract all the legalese from the statutes and simply approach it from a practical perspective and I'm quite certain our common sense can digest what the framers of the statute intended.

"Distribution" means to divide, to separate, or to apportion.  That is fairly straightforward.  The court has a job to look at the marital estate (whatever the judge may determine it to be) in a Rhode Island Divorce proceeding and divide it, separate it or apportion it between the parties. 

Since children are not property or something owned by either parent you can be fairly certain that they aren't part of the marital estate so you don't have to worry about the distribution of your kids.  Although some parents might like to distribute the more difficult ones to the other parent on occasion.  Just kidding.

Now we can look at "equitable" and determine what that is.  Equitable is a word having its origins in the french language in the mid-sixteenth century from the word "equite".  (Sorry, I was unable to duplicate the french accents in  this posting in order to recreate the word properly.)  From this derivation we have today's meaning of equitable which means fair, just, impartial, evenhanded, unbiased and neutral. 

If you look at the word "equitable" you can see that it is intended to be something that is viewed from the outside of the circumstances looking in, otherwise it could not be impartial, evenhanded, unbiased or neutral.

Thus, if we put these two definitions together with these observations we can see that an equitable distribution of the marital estate is supposed to be an impartial view from the outside of the relationship looking in where the judge balances the circumstances surrounding the relationship to determine how the marital estate, be it a debt or an assets, should be apportioned to each party. 

In its most simplistic form, the court will distribute the marital estate in a manner that is fair and impartial given all the circumstances surrounding the parties' marriage.

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.

It's no secret that Rhode Island Divorce Lawyers and attorneys in real estate and many other fields have been hit by the recession.  If you haven't been hit by it yet then count yourself lucky.  Companies are downsizing and businesses that have been around for 100 years and more are closing their doors.  Businesses of all sorts are finding ways to survive, stay in business, cut costs and remain profitable enough to remain viable in a horrible market. 

Money isn't in abundance and families are cutting back on luxuries and sticking to necessities.  It's not a wonder that more and more people are looking to technology to ease their financial burdens and automate everything they can to service customers and clients.

It is in the midst of our recession that I announce that I have decided to close my physical office in Cranston, Rhode Island and make a leap that I was hoping to postpone for six more months but practicality makes it more sensible to do so now.

Beginning on June 9, 2008 my physical office will close and my virtual office will open.  What does this mean new or existing clients?  It means tremendous savings.  By closing my physical office I will have completed my transition into a new age for attorneys and the practice of divorce law. 

By closing the physical office in Cranston I will be passing along the savings that results from eliminating my overhead costs to my clients.

I believe that to my knowledge that I will be the first Rhode Island Divorce Lawyer in Rhode Island to go 100% virtual and almost 100% digital.

By harnessing the power of computers and the internet I have been able to address filing and storage issues and costs as well as servicing clients more quickly and efficiently if they have a computer or access to a relative or friend or even a public library computer.  This enables clients to be informed more quickly than ever before and eliminates postage costs.  Clients will get quicker responses, see faster results and know what is going on with their case more readily than they would waiting to a typical attorney to return their call.  Of course I will certainly still be talking to clients by telephone since serving my clients is a personal thing and should never be reduced to just impersonal emails.

Though the transition to its completion may take another six (6) months to address issues that may arise, the savings will be noticed by clients immediately.

I am extremely excited to be making this move especially at a time when Rhode Islanders need it most.  I have literally become a divorce and family law attorney designed for Rhode Islanders and those who go before the Rhode Island Family Court to be able to address your divorce and family law issues during this recession at half the cost of a typical full-time experienced divorce practitioner.

Feel free to take advantage of the savings I can offer you while also increasing speed and efficiency.

I'm the Attorney for the New Millennium.

I can just about make a computer dance. 

Imagine what I might be able to do for you in court.

Call for your low-cost consultation.

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.

A Rhode Island divorce attorney can make the divorce process sound simple or complicated.  Whether the attorney makes it sound simple or complicated may depend upon whether the attorney has a particular goal in mind or whether he or she simply is addressing a person with a different level of education who does not want to be spoken down to and therefore is comfortable with the more technical jargon or legalese used in the legal profession.

For my part, I believe that it wastes the clients and the attorney's time by complicating the process merely to justify the fee that is usually requested after the process is explained.  The process of divorce itself is simple.

Here it is with all the technical jargon stripped from it.

A)  You prepare the Divorce Packet which consists of these completed documents:
              1) 2 Summons
              2) 1 Divorce Complaint and 1 Copy (after it has been signed and witnessed).
              3) 2 Nominal or Uncontested Track Notice Forms
              4) 2 Automatic Orders
              5) 1 Family Court Counseling Forms
              6) 2 Children of the Marriage Forms
              6) 1 Report of Divorce
              7) 1 Notice of the Parental Video Requirement (if there are minor children of the marriage)
              8) 1 Certified Copy of your Marriage Certificate on file with the Bureau of Vital Statistics

B)  You file all these documents with the Family Court Clerk's Office in the county in which you reside or in which your spouse resides together with a check for $100 for the filing fee.  In Providence County you may have to wait a day or two before they completely file your divorce because of the immense volume of domestic matters they handle.

C)  Once filed you get back various certified documents rom the court which need to be served upon your spouse.

D)  You contact the sheriff's department or a constable ("process server") where your spouse lives and have them serve the certified documents upon your spouse.  The process server will report that he or she has or has not served your spouse on the back of the original summons.  Usually your spouse has been served.

E)  You mail the Summons that has the Process Server's Notice of Successful service on the back to the court where you filed your divorce action making sure to note the "Nominal Date" that appears on the Summons.

F)  You try to reach an agreement with your spouse regarding all aspects of your divorce, including placement of children, visitation, division of assets, division of debt, health insurance, child support, alimony and all other things relating to your marriage.

G)  You appear at the court on the Nominal Date.  If you have an agreement, or if your spouse does not show up and is defaulted,  then you place on the record a short hearing . . . called a Nominal which requires you to place on the record those things that are required by law to establish jurisdiction, a marriage, a breakdown of the marriage, inability to reconcile, alimony or waivers of alimony and the items needed for a proper waiver of alimony and any elements of your agreement with your spouse that you want the court to include in any court order.

H)  Within thirty (30) days after your Nominal Hearing you submit to the Court an Interlocutory Decision Pending Entry of the Final Judgment which outlines the courts findings of fact and decisions as set forth by the judge immediately following the Nominal Hearing and specifically states that all the orders of the court are effective but that the parties are not divorced until the entry of Final Judgment of Divorce is signed by the court.

I)  On the ninety-second (92nd) day . . .

[Exerpt] 

To Read the Full Article by Rhode Island Divorce Attorney Chris Pearsall 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.

I've previously written Rhode Island Divorce articles about civility and trying to work with your spouse to resolve your issues.  What I didn't mention in those other divorce articles is that by remaining civil, holding your temper and keeping a cool head is that it can save you a hefty sum of money.

One of the most time consuming parts of any divorce is reaching a Marital Settlement Agreement.  A Marital Settlement Agreement is typically a document that embodies all the terms of what you and your spouse have agreed to and it anticipates what could happen in the future, to the extent that reasonable changes can be foreseen and prepared for. 

Assume that your attorney in this example costs $200 per hour and it takes him or her 4 hours to draft and re-draft the complete Marital Settlement Agreement which includes provisions to protect you and provisions to specify which states laws apply, etc....  That's $800 you would save if you just came to an agreement with your spouse, wrote out all the terms and conditions and you both signed it before a notary public and then testified at the hearing that your signature is genuine, that you signed it freely and voluntarily and that it is fair and equitable. 

[Exerpt]

To read the entire Rhode Island Divorce article click here ->  AttorneyPearsall.com

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.

Once a Rhode Island Divorce is filed by your attorney (or by yourself) then it would be wise to consider what you do each day or you might end up in handcuffs.

The Automatic Orders of the Court are not simply a peice of paper. They are embodied in the Rhode Island General Laws and they prescribe what you can and cannot do.  I ran into a situation similar to this. You can look at the Automatic Orders of the court to see what you thing but here's my take on it.

Bob is married to Judy.  For the final year of their marriage Judy is not working outside the home but she is taking care of someone dear to her who is very ill.  She had a good job for the first two years of their four year marriage and contributed to everything.  Judy was unhappy with her job and presumably wanted his wife to be happy so he told her to go ahead and quit because he made enough income to sustain them for a while.  Judy does so with Bob's approval.  They decide to get divorced.  Bob gives Judy $4,000 as a sign of good faith to help settle the case more quickly after it's filed.  Bob files for divorce and gets a lawyer.  Bob is upset when Judy gets a lawyer and uses funds from their joint checking account to do so.  Bob has Judy served and immediately with draws all the money for their joint bank accounts.

As a family law attorney there's no argument, the Automatic Orders that were filed when  he signed his Complaint for Divorce are in full force and effect and they prevent him from essentially "monkeying with the finances".  Bob has shut Judy off from the financial resources that she has relied upon with his agreement for the past year.

Judy had planned to move to Indiana because she has relatives there but she has no job prospects yet.  She has her own credit card but since she has no job it would be difficult to pay it if the kept charging on it.

What is a judge likely to rule in this instance based on Tom's violation of the automatic orders?

Should it matter that Judy has a credit card in her own name that she can make charges on?

If the credit card is her only means of survival and she needs $2,000 to travel to Indiana and give her a 2 month cushion to find a job should this be considered an "Emergency Situation"?

Should  it be considered an emergency by the court if Judy had already booked a trailer with the monies Bob had given her paid her rent in advance in Indiana and was scheduled to leave in only four days?

What if Judy discovered through her attorney that she was entitled to ask for 10 times more than Bob was willing to offer her?  Does that change whether this puts Judy in an emergency situation.

My take on it is that Bob violated the Court Order, plain and simple and he should have to put half the money back or give half the money to Judy regardless of the $4,000 he gave her hoping that she'd go away with less than she was entitled to.

What's your take on this?  I'd really appreciate hearing from laypeople, professors, legal professionals, etc...

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.

Alimony is an important concept to understand under Rhode Island law.

The Rhode Island media, in fact the media in general with television shows like, LA Law, Law and Order and articles about fat divorce settlements that include large alimony payments in the National Enquirer and even movies such as the comedy Liar, Liar leave Rhode Islanders with the notion that alimony is typical, commonplace and, in fact, an entitlement.  Unfortunately as the media creates its entertainment or information to sell more newspapers and raise its profitability can, and does, foster the idea in the minds of our citizenry that alimony really is an entitlement by a spouse and should be demanded by an aggrieved spouse who expects to suffer a decrease in his or her finances after a divorce if alimony is not granted by the court.

To gain a better understanding of Rhode Island alimony, you may wish to review the Rhode Island Domestic Relations section of the General Laws regarding Divorce & Separation, the more specific section relating to alimony appears below but since the laws are updating constantly it is always advisable to check your local library and any update services as well as the cases that interpret the Alimony statute before taking any action on your own.  The section below has been quoted, in pertinent part, from the Rhode Island Government Website as of this date.

[Exerpt]

To read the complete article on Rhode Island Alimony go to:

http://www.attorneypearsall.com/2008/05/ri-alimony.html

Also feel free to review my other articles on Rhode Island Alimony at:

http://www.rhodeislanddivorcetips.com/rhode_island_alimony_lawyer.html

http://www.christopherpearsall.com/alimony.rhode.island.family.courts.system.html

http://www.pearsall-law-associates.com/RhodeIslandDivorce-Alimony.html

 

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.

Each time a divorce or family court matter is brought before a Rhode Island Judge designated to address that matter, the Judge almost universally checks the file, reviews the docket sheet and looks at the Orders entered in the matter to tell the story or the history of what has taken place before the particular matter is heard.

The importance of Rhode Island Family Court Orders can't be emphasized enough.  It has often been said, "a court speaks through its Orders."  Though Orders in a divorce or family law matter often summarize the majority of information contained "on the record" of the court (i.e. transcribed in real-time by the family court stenographer) this quotation carries substantial truth.

Thus, the importance of the wording of the Orders becomes even more significant because once an Order is entered, its language will tell the Judge not only the history of the case but it will tell the Judge the posture of the parties.

Here's where you or your attorney need to be on your guard when reviewing a proposed order or proposing an order in your case.  You should review a proposed order carefully for wording and/or distortions that may look your position look less positive.  You should also look for language that is slipped into an Order because it may have been discussed but not agreed upon or the Judge was less than definitive on in his or her ruling.

Typical examples are as follows:

The attorneys have a chamber's conference with the Judge to try to narrow and resolve some issues and agree to bring various offers to their clients to consider.  The clients then approve the agreed upon terms and the attorneys confirm for the other attorneys and the judge that the terms are agreeable.

Then comes the scrutiny of the proposed Order.  Assume a proposed Order comes in from an opposing party and it states that "after hearing thereon, and by agreement of the parties, the following is Ordered, Adjudged and Decreed."

In this instance your eyes should gravitate to the words "after hearing thereon".

Why?  Because there was NO HEARING. 

A hearing presumes either oral argument on the record of the court or a full hearing with live testimony on the witness stand.  This did not occur here and a judge who is reviewing the file will assume that arguments were made by the parties or that testimony was taken, either of which justified the entry of the Order by the judge.  This gives the judge a substantially different picture of the circumstances surrounding the entry of the Order than if the Order simply stated "by agreement of the parties."  Strive for accuracy and as much positive language you can include that supports your position as possible.

In another instance . . . 

[Exerpt]  To read the complete Divorce & Family Law article click here ->  Attorney Pearsall.com

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.

Coping with a Rhode Island divorce situation isn't easy.  It can be harder with children if the parents focus on their own emotions, legal and person goals and forget about the children.  Yet sometimes it can be easier with children if both parents are focused more on the well-being of the children than their own needs.

People often call to ask what I charge for a divorce without realizing that each divorce is just as different as each person coping with a divorce handles the situations, issues and emotions differently.

Though Rhode Island divorce lawyers are not "counselors" in the sense of a psychologist or other mental healthcare professional, it often falls upon the divorce attorney to address emotional and psychological issues that arise during a divorce proceeding.

In this sense a well-trained or seasoned lawyer who is also experienced in dealing with the mental and emotional fallout that accompanies a divorce can be an asset to you and your case.

Coping with divorce is an individual process. 

For instance, John may be divorcing his wife Jane after 20 years of marriage.  John is agreeable and may not have a problem at all going through the divorce process itself and reaching an amicable agreement with his spouse.

Yet John may not realize the full impact of the divorce until his first night sitting alone in his own apartment with no one to talk to, no one to a meal with and sleep in a single bed alone.  John may suddenly realize the ramifications of divorcing his wife go well beyond simply not being "happy" anymore like he felt in the first five years of his marriage.  It may not be until this point that John begins "coping with divorce."  In this instance, the Rhode Island Divorce lawyer is of little assistance and John may need to seek the assistance of a mental health professional if he finds stress, loneliness or depression taking hold.

In another case Gale may be filing for divorce from her husband Tom after a 4 year marriage.  Gale may be adamant about her divorce after she realizes that instead of attending late night meetings at the office Tom has been stopping by the local strip club.  By all accounts Gale and Tom both agree they have had an active sex life.  In this case the attorneys for either Tom or Gale may find himself or herself in the position to help Tom or Gale "cope" with their divorce.  Tom may wish to settle things quickly and be very angry because he does not want it to come out that he went to a local strip club because he also participates in the local Catholic Church as a Lector is a Knight of Columbus and is viewed a a model family man.  Tom may want to express his anger in court, need calming or need to understand how Gale might feel in this situation in order to appreciate his own conduct.  Tom's attorney, with the right approach, may be able to help Tom with his emotional struggle by directing Tom into a calmer state of mind which will foster a better attitude toward a settlement by discussing the possibilities of sealing the court record or including a non-disclosure clause in the settlement.  Tom's attorney may also be instrumental in helping Tom realize that he needs the assistance of an individual or a marriage and family counseling therapist.

The point here is that Tom's need to "cope with divorce" may arise much sooner than John's did in the prior example.  Each person's needs are different and it is those people who appreciate all the consequences of a divorce proceeding before the proceeding is completed, that can be aided by a good Rhode Island Divorce attorney who recognizes and appreciates the client's non-legal needs and assists the client either personally by helping the client deal with those non-legal issues either personally through his or her own experience or by referring the client to a licensed therapist if it appears that would be helpful to the client.

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 family courts a divorce may run on one of two tracks the "Nominal" or Uncontested Track and the Contested Track.

This brief article on Rhode Island divorces addresses what are known as Case Management Conferences which only occur on the Contested Track Calendar.

What is a Case Management Conference?

Answer:  A Case Management Conference (often referred to by Rhode Island Divorce attorneys as a "CMC") is the first opportunity or meeting on the Contested Track Divorce Calendar in which the attorneys for the parties meet with the judge.  Usually this meeting takes place in the Judge's chambers.  The meeting often consists of the Judge identifying who represents the husband and who represents the wife.  The judge will often expect the attorneys disclose information that will help the judge guide the attorneys on how various issues in your particular situation might be viewed by the court even based on the limited information that may be provided to the Judge. 

I say "limited information" because the judge must keep his calendar moving and only so much time may be reasonably allocated for each conference otherwise other parties will not be heard at all and the court calender will become backed up further if the parties scheduled to have conferences or hearings on the date of your Case Management Conference are not heard.  Everyone has a story they want to be told in the Rhode Island Family Court, but often times there is not enough time in Case Management Conference for the attorneys to tell each parties' story in full.  Therefore the attorneys and the judge must stick to the fundamentals.

The judge is likely to want to know the following:

[Exerpt] 

To read the exciting conclusion of this Rhode Island divorce article click the link below:

AttorneyPearsall.com

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 a Rhode Island Divorce are there any Do's and Don'ts I should be aware of right at the beginning of the proceedings?

ANSWER:  Yes.

DO's

1)  Remember that the court is looking for equity and fairness between the divorcing parties.

2)  Think of how the Rhode Island Family Court Judge might look at an action you are contemplating taking before you take it.

3) Get the advice of your divorce attorney before taking any actions relating to assets, debts, or any financial accounts that are in your name or you have with your spouse.

4)  Keep your emotions under control in the court house and especially in the courtroom unless you or your attorney believe that your natural expression of emotion will not hurt your case.

5)  Remain civil with all court personnel under all circumstances.  The Rhode Island Family Court personnel keep abreast of what is going on and information about parties and their demeanor may travel to the judge's ears and hurt your case.  (i.e. Linda files a divorce and requests immediate relief from the court but is rude to the assistant clerk handling the filing of Linda's papers. When Linda delivers the file upstairs to the Judge's sheriff the assistant clerk mentions to the Sheriff that the woman associated with this file was very rude and demanding to her downstairs.  The judge overhears this conversation which occurs right outside his or her chambers.  This may or may not affect the judge's decision on your request for relief . . . but there is no reason to take that chance. 

This list is by no means exhaustive.  More DO's will be provided in other articles.

[Exerpt] To read the complete Rhode Island divorce article click here -> AttorneyPearsall.com

How does my Rhode Island Divorce Judge determine if something is a pre-marital asset and why is that important?

It is perhaps easiest to answer your second question first.  The nature or type of asset that is presented for the judge's consideration is important. 

Why?   Certain types of assets may not fall within what is referred to as the "marital estate."  Rhode Island Domestic Relations law provides that the family court judge has the power to make an equitable distribution of "the marital estate."  Assets that are determined by the judge to be pre-marital are not themselves part of the marital estate and therefore are not subject to division by the court.  They are considered the property of the person who owned the asset prior to the marriage.

The family court judge will determine if the particular asset before him or her is a pre-marital asset based upon the factors surrounding the asset.  Each judge will use his or her discretion to consider questions similar to these:

• Who owned the asset prior to the marriage?
• Does the other party contest that the asset is pre-marital?
• What documents exist to show ownership prior to the marriage?
• What kind of asset is it (i.e. vehicle, piano, painting)?
• How was the asset used during the course of marriage?
• Where was the asset kept during the course of the marriage?
• Was the asset kept completely separate and apart from the marital estate?
• Did both spouses have the beneficial use and enjoyment of the asset during the marriage?
• Were there any discussions between the parties or representations made by the party now claiming it is pre-marital either immediately before of during the marriage that related to the asset?  What were the substance of those discussions or representations?
• Did the asset appreciate during the course of the marriage?
• Were any marital monies or other marital assets used for the maintenance, storage, upkeep or improvement of the asset during the course of the marriage?
• Is the asset insured, and if so, who is the policy holder and who are the beneficiaries?
• If the asset is insured, were any marital assets used to pay the insurance premiums?
• What is the value of the asset?
• How long have the parties been married?

[Exerpt]  To read the complete article click here -> Attorney Pearsall on Pre-marital Assets

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 my Rhode Island Divorce article called "Divorcing with Dignity" I alluded to the fact that when you divorce your spouse you have a better chance of doing so amicably with both spouses retaining their dignity rather than arguing, fighting and bickering at each other simply by retaining your power as the client to direct the focus of your divorce.

The title of that divorce article was to call to your attention as a divorcing party that there is more than one aspect to a divorce.  Divorcing with Dignity focused its emphasis on the damage that can be done when emotions are triggered in one (or both) of the spouses and your case suddenly spirals out of control because either one or both of you are in a reactive rather than a responsive state of mind. 

A reactive state of mind is present when a person simply reacts to something that is done or said by another person based solely on the emotions he or she feels about what has been said or done by their spouse.

A responsive state of mind is present when a person rationally processes what has been said or done by their spouse (which may or may not trigger strong emotions that urge you to react) and logically thinks through the situation in context.

In a reactive state in a divorce situation such as the one outlined in my article "Divorcing with Dignity" the spouse who was served with the Divorce Complaint immediately saw the words "sole custody" and became emotional.  The spouse that was served might have interpreted that in several ways based upon a gut emotional reaction.  The spouse that was served might have thought that "sole custody" meant that thee other spouse wanted to take away his or her rights.  Or, the spouse that was served might have thought that the spouse who filed the divorce action lied and had no intention of being reasonable.  Or, the spouse that was served might have thought it implied he or she was somehow incompetent or incapable of having custody. 

Whatever the spouse who was served with the Divorce Complaint interpreted the request for "sole custody" to mean, that spouse's response was from a reactive state of mind.  The spouse did not take time to rationally process what was contained in the Divorce Complaint.  Rather, the spouse reacted emotionally and made statements to the other spouse in anger that may have been interpreted as threats, a lack of reasonableness, a lack of trust, an unwillingness to allow the spouse to explain and even as an accusation that the spouse filing the divorce was a liar.

Imagine now what happens in this case if the spouse who filed the divorce complaint and trusted the lawyer, also adopts a reactive state and becomes hurt and/or furious because the spouse wasn't even given the opportunity to explain that the words "sole custody" were put in the Divorce Complaint by the attorney who does so as a standard practice.  The spouse who filed for divorce might not feel so amicable anymore.  He or she might now be angry and furious that an explanation should have been allowed.

Now the spouse who was served may have triggered emotions in the spouse who filed the divorce to enter into a reactive state of mind as well.  Now, both parties are emotional, mistrusting of one another and animosity has been created which may prevent you from amicably settling the divorce at all.

Regrettably I've seen this happen on many occasions and in some instances despite the best legal or mental health counseling you can't undo the damage that has been done or reverse the reactive states because they have gained too much momentum in the minds of one or both or the spouses.

So what are the consequences?

One or both spouses are likely to be in emotional states that make them uncomfortable in some way.  It is almost certain that the spouses aren't in an emotional state that bears any resemblance to "happiness".   This  emotional discomfort causes the mind to be distracted and takes a toll on your body both emotionally and physically.  Some medical professionals even believe that extended stressful situations such as divorce can lead to shortened lifespans as well as early greying, hairloss, nervous conditions and may trigger anxiety, panic disorders and even chronic clinical depression.

Once spouses begin to make reactive decisions in a divorce situation, there is a good chance that one or both spouses may continue that pattern and continue making reactive decisions. 

What if we have children?

If you have children, especially if they live with you and are below their teen year, those children may

1. Feel and absorb the tension between the spouses,
2. May receive less love, care or attention from one or both spouses as they tend to focus more of their energies on the emotion war with their spouse in the divorce,
3. They may feel or take the backlash of their parent's (s') emotions since as human beings we often misplace and misdirect our feelings and emotions and lash out at the people closest to us even though they are not the cause of these emotions,
4. Be traumatized emotionally just by the possibility of losing a parent in their home environment,
5. Become alienated from one of their parents if one parent has left the household and the other parent's misdirected emotions cause that parent to say and do things that foster in the child(ren) the idea that the other parent does not love them, does not care about them and has abandoned them.

So what can you do to ease your divorce?

This is an exerpt.  To read the full article click here > AttorneyPearsall.com

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.

How do you want your Rhode Island Divorce to proceed?  Yes, I'm serious. 

Most Rhode Islanders in divorce situations don't even take the time to consider this question, let alone realize the amount of power they have to determine the course their divorce will take.

Whether you try to handle your own divorce or hire a divorce attorney to help you through your family law matter, YOU should be the driving force behind the course of your divorce. 

Most divorcing persons fail to realize that the hiring of a family law attorney or the filing of a divorce personally is only the very first step in directing the course of your case.

Let's assume you hire an attorney to represent your legal interests in a divorce case.  In this instance let's say that you wish to be amicable with your spouse.  Your attorney prepares all the paperwork necessary to file for your divorce and tells you that you just need to come in to sign it.  You go into the office and sign all the documents as your attorney assures you that all the documents are court forms with standard language.  You sign the documents and the divorce is filed.  You have assured your spouse that you plan to be fair in the divorce and not ask for anything unreasonable.

Your spouse gets served with the divorce papers and reads your divorce complaint.  A few days later your spouse calls you on your cel phone.  Your spouse screams "I can't believe you asked for sole custody of the kids in this divorce.  That's not reasonable.  So you don't think I can parent the kids?  Okay, fine.  All bets are off.  I'm getting a divorce lawyer and I'm fighting you every step of the way."

You are a bit dumbfounded because you didn't get to say a word about the divorce before your spouse hangs up on you.  Quickly you pull out your divorce complaint and read it.  It does, in fact, contain wording that asks for sole custody of the minor children.  You immediately call your attorney and ask why that language was included.  You remind the attorney that you told the attorney you wanted joint custody of the children.  The attorney tells you sole custody is a standard request for relief and it is his practice to ask for sole custody as a negotiating point to settle the divorce.  The attorney tells you that he is sorry but he expected you not to sign the complaint if the language wasn't acceptable.

In this instance, if this truly were YOUR divorce, you would have surrendered your power to direct your divorce to your attorney simply because you didn't read the divorce complaint and make sure that it is truly what you were seeking and not simply a matter of how this particular attorney practices.  By doing this your spouse is now furious and is no longer in a reasonable state of mind to simply sit down and talk and negotiate amicably.  Your spouse will now retain an attorney and potentially surrender additional power to another attorney who enters the picture, costs more of the marital money, and may redirect the divorce in a manner that will destroy your whole family structure.

A Rhode Island Divorce can be conducted where both parties retain control of the primary decision making power regarding what is to be done in their divorce, remain calm, think practically and, in doing so, both parties retain their dignity.

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.

Well, it's pretty much official . . . and I'm not referring to a Rhode Island divorce.   Rhode Island is the first of the New England States to declare that it is in a recession.  Unemployment rates are up, health insurance rates and available options have spiraled far out of control, gas prices are climbing so fast that from the time you drive into the office until the time you drive home they have gone up as much as 10 cents.  Downsizing is at an all time high in Rhode Island and long-time businesses that once held their own are closing due to heavy economic conditions which make prospects for employment of new 2008 graduates at an all time low.

So what does this have to do with Rhode Island and divorce?  Well, it should be no surprise to anyone that financial pressures are one of the greatest causes of marital discord and are the greatest contributing factor to divorces aside from lack of communication between couples.

The whole picture creates its own sort of dichotomy.  Here we have an economic recession with not simply the propensity but the almost surety that financial woes are going to come into play more and more with families.  The tendency here is that the lack of financial communication between a husband and wife will exacerbate any existing issues between them and push them toward divorce.  Yet at the same time, the economic struggle makes it hard for both, or either of the spouses to afford the filing of a divorce and the representation by an attorney.

So what can people seeking to get divorced do? 

1.) You can start with a good solid consultation.  A good consultation will give a person the understanding they need about the aspects of a divorce, their rights, and the possible costs incurred. 

It is important to note that I refer to it as a good, solid consultation.  Some consultations are free and they may be good or they may not be good.  If you leave the consultation and you have not been told how the divorce process works, what issues you are likely to be facing before the family court, a general idea of whether you will prevail, and answers to your questions on any specific legal issues you have posed to the attorney, then in my humble opinion you have not received a proper consultation.

2.)  You can also take the time necessary to shop for a good family law attorney that is affordable.  You should expect and plan on meeting with at least five (5) attorneys who regularly practice before the Rhode Island Family Courts and can offer you a reasonable rate, retainer and/or payment plan.  Take note that it is best not to sacrifice getting an attorney who regularly practices before the Rhode Island Divorce court simply based on the fee you are quoted by the attorney otherwise you may pay a price higher than the fee you pay to the attorney.

3.)  You can make the extra effort to work together amicably with your spouse.  The cost of a divorce has a direct correlation to the number and severity of disagreements you have with your spouse that your attorney may be required to deal with.  The more you agree on with your spouse, the less it should cost you in fees for your divorce attorney.  If you can't work things out together on your own then I highly recommend mediation of your issues to reach an agreement, and only then hire a divorce attorney to take you through your proceedings.  This should result in a less costly and uncontested Rhode Island Divorce.

Lastly, you can look for attorneys who may be offering discounts on their rates because of the economy.  Those attorneys are likely to have eliminated substantial overhead costs and maximized their own abilities as well as today's advanced technologies.  This is an indicator that an attorney may charge less because he or she has less overhead to worry about and therefore passes that savings on to the client.

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.