Rhode Island Divorce and Family Law Coaching Tips from the Founder of Rhode Island Divorce and Family Law Coaching Attorney, Christopher A. Pearsall!: Common Law Marriage Archives

As a Rhode Island lawyer focusing my practice mostly on divorce coaching these days I look back upon a man who said something to me privately decades ago that perplexed me. This man had been practicing in another state for some 40+ years.

This man was about as true, honorable and generous a gentleman as I have ever met. He embodied everything that I saw in a good lawyer. He truly cared about his clients. He fought for each one of them. Yet he did so within the bounds of the law, within the bounds of his professional ethical code, and with a high degree of morality such as I have never seen before. The lawyer knew that I admired him and had great respect for him as both a person and as a lawyer.

One extremely hot Tuesday afternoon this rather portly lawyer returned to his office after losing a district court hearing. He plopped himself down in the chair at the opposite end of the short conference room table I was sitting at in the office law library. His secretary nervously brought him a lemonade and napkin then quickly skirted out of the room. There was silence. It seemed to go on forever. Finally, I said, "I'm considering becoming a lawyer."

It lasted perhaps two seconds but it seemed like an eternity. The lawyer lifted his partially balding forehead, wiped his brow with the napkin then grabbed a nearby law book and flung it across his small law library. The book smashed against a row of New Hampshire Statutes Annotated. I heard the spine of the hardcover book tear slightly as it fell to the floor.

It was one of the first times I had ever seen this man so angry and upset.

I was quiet. Perhaps my timing was off. This time I kept my big mouth shut and waited until the lawyer spoke. This is what he said.

Lawyer: [Very Loudly though not Shouting] "I HATE LAWYERS!

This time the pause was endless and it seemed very clear the lawyer wasn't going to say anything else. So, I took a chance. I was just too puzzled not to speak.

Chris: "I don't understand. You are a lawyer."

He was quiet for another period of time. I took a chance and asked my question.

Chris: "How can you hate lawyers when you are one? I don't get it."

He waited quite awhile before speaking. I was thankful that there wasn't another hardcover book within the lawyer's reach.

Lawyer: [ A bit calmer . . ] I can't explain it. You have to live it. But I tell you Chris, if you're anything like me you'll know what I mean when you get there.

That was it. The conversation never went further. It was never brought up again to this date.

I've been working in the legal field now for more than 20 years after that conversation.

As a Rhode Island lawyer I am bound by a Professional Code of Ethical Conduct and Rules of Conduct. To some extent there are things that I can say and things, things I shouldn't say and things I am prohibited either from saying or doing. Some of them might amaze the layperson. I know they amaze me. Morality and Personal Professional Ethics are another ball of wax that are completely different.

The lawyer's name (for lack of a better one just as a point of reference) was Roger.

Hopefully he's still alive and hopefully he is in tune enough with today's "internet" that he reads this article.

So after all the years that have passed I would like to address one statement to this great lawyer and then another one to you as my reader.

First, to this great lawyer.

Roger, I went down the path. Just as you thought, I was very much like you. Thank you for your wisdom. Just as you thought, I understand.

Now, to my readers I offer this.

If you have read my message to Roger then you may not understand the statement I make now until you meet with me.

"If you need a lawyer and you happen to like lawyers then chances are . . you won't like me."

With that said, I can tell you that as a Rhode Island Lawyer who has focused my practice exclusively in the area of divorce and family law, I can't make your problems go away. They are your problems and only you can take responsibility for them and only you have the power to resolve them in your life by your own decisions.

What I can tell you is that I can help you understand and to get through your Rhode Island divorce and family law challenges by working with you as your Coach or by working for you through Representation.

Roger's words were invaluable. Today, they are the powerful force motivating the continued growth of your coaching program. It is a your program specifically because it is designed for you. It is designed to teach you, train you, inform you, and save you time and money in the areas of divorce and family law.

As Your Coaching Program continues to evolve, it will continue to work faster for you, become more economical than it already is for you, become more helpful than it already is for everyone.

Whatever you choose to believe, there is one thing you can know with certainty. I am one lawyer trying to make a difference with a new and innovative way of practice designed by my sacrifices and your willingness to be open to something new that works.

What can Your Coaching Program Help You With?

Rhode Island Divorces & Legal Separations

Rhode Island Child Support Establishment, Modification, Collection and Termination

Rhode Island Child Custody and Child Custody Modifications

Rhode Island Petitions to Enforced Marital or Property Settlement Agreements

Preparing Pre-Nuptual Agreements and Ante-Nuptual Agreements

Petitions to Move Out of State with Minor Children

Rhode Island Motions to Modify Child Support

Petitions to Establish Paternity

Motions to Adjudge In Contempt and Defense of Contempt

Protection from Abuse Petitions and Defense Against Such Petitions

Rhode Island Motions and Petitions to Establish, Modify or Terminate Visitation

RI Common Law Divorces and their Defense

Rhode Island Legal Rights

2nd Opinions on Rhode Island Family Law Cases

and many more . . .

Look for my testimonials section coming soon! Call for a low-cost Coaching Session!

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce* Lawyer is Now
Rhode Island's Only Divorce and Family Law Coach!!

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Participating in Family Law Coaching Sessions!

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Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

Copyright 2009 to Present. Christopher A. Pearsall, Esquire
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* Rhode Island licenses all attorneys in the general practice of law.

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None. There are no specific facts stated by Rhode Island law which must be proven for the RI Family Court to find that a common law marriage exists.

Rhode Island law uses a two-pronged approach for determining common law marriages. When considering the evidence with respect to each prongs (also called an 'element'), the party attempting to prove the existence of a common law marriage is held to proving the existence of the prongs by "clear and convincing evidence." Silva v. Merritt Chapman & Scott Corp., 52 R.I. 30, 32, 156 A. 512, 513 (1931)

Under Rhode Island law, a judge determines on a case by case basis if a common law marriage exists after considering all the evidence presented and determining whether the totality of the evidence establishes the following two elements in a "clear and convincing" manner.

The party trying to prove the existence of a common law marriage must establish by clear and convincing evidence that,

1) The parties seriously intended to enter into the husband-wife relationship. Sardonis v. Sardonis, 106 R.I. 469, 472, 261 A.2d 22, 24 (1970) (citing Ibello v. Sweet, 47 R.I. 480, 482, 133 A. 801, 801-02 (1926)).; and

2) The nature of the conduct of the parties must be of such a character that it would lead the community to a belief that the parties were married. See the recent 2009 Rhode Island case of Smith v. Smith, 966 A2d 106 (citing Williams v. Herrick, 21 R.I. 401, 402, 43 A. 1036, 1037 (1899)).

These two prongs/elements may be demonstrated by

1) the parties living together;

2) documents of any kind that indicate a declaration by either or both of the parties;

3) reputation of the parties among family and friends; or

4) other competent circumstantial evidence.

With respect to the parties' intent to enter into the husband-wife relationship, the Rhode Island Supreme Court has stated that no single item of proof, by itself, is sufficient to meet the clear and convincing standard but rather it must be proven by clear and convincing evidence that the parties 'mutually' and 'presently' intended to be husband and wife as opposed to simply being engaged and intending to become husband and wife at some point in the future. See Smith Supra.

A marriage is, in essence, a civil contract. Marriage originally arose out of contract law. As a result, just like a contract, the consent to exist as a married couple must be mutual and must be given at the same time by both parties plus there must not be any agreement that an intervening or subsequent event must occur before the persons are married (i.e. before the contract is formed). Thus, the contract is that the is marriage one in the present and not contingent upon any future event.

There is no specific amount of time that must exist before parties may be considered married by common law. If after hearing and weighing all the evidence the Rhode Island family court trial judge determines that he or she has clear and convincing evidence both

1) That the parties seriously intended to enter into a husband-wife relationship, namely that the parties' intended the married in the present as evidenced by their mutual consent at the same time without any subsequent event in the future that would bring about the beginning of the relationship, AND

2) That the character of the parties conduct is such that it must lead the community to a belief that the parties were married.

If the Rhode Island Family Court trial justice determines that clear and convincing evidence has been presented to satisfy both the 'intent' and 'belief' prongs of the common law marriage burden, then the likelihood is that the couple will be declared to be married by common law.

There are many pieces of evidence that can be presented to the court to attempt to prove or to disprove the existence of a common law marriage.

How can the Rhode Island Divorce Coach help you in a common law marriage case? Do you know the fifteen (15) most popular sets of documents and records that provide the most clear and convincing evidence to prove or disprove a common law divorce case? Do you know which records hold the most weight? Do you know which testimony might hold the most weight before a judge? Do you know how to rebut testimony or a document that either proves or disproves your position on a common law marriage'?

Without knowing these things, are you convinced that you can convince the court that there is or is not a common law marriage in your case?

Would you rather pay an attorney $3,500 (or more) to ask you to pull these things together and then present them to the court for you, OR would you rather save a whopping $3,200 (or more) simply by engaging a professional divorce lawyer to coach you on what these things are and receive specific coaching instruction on how to present them yourself?

It's your money. Call me and you get to keep your hard earned money. What could be better than this?

Authored by: Christopher A. Pearsall, Attorney-at-Law

Call (401) 632-6976 Now
and
Schedule Your Rhode Island Divorce* or Family Law* Coaching Session Now about your Uncontested RI Divorce!

Copyright 2009. Christopher A. Pearsall, Esquire
Offering Divorce and Family Law Coaching for a New Millenium!

* Rhode Island licenses all attorneys in the general practice of law.

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