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Affordable RI Divorce Lawyer offers Coaching - Help Experienced Divorce Lawyer when you need it!

By Rhode Island Divorce Coach on August 29, 2010 8:10 PM | 0 Comments | 0 TrackBacks
Not everyone in a Rhode Island divorce needs a lawyer for everything in the divorce.

A little help filing the divorce packet to make sure everything is covered may be just what the coach ordered.

Or perhaps you need the legal advice to know your rights and what to expect in the whole process both legally and procedurally throughout the divorce.  The divorce coach is on the job for you.

Maybe you aren't even concerned about these two things and you want help with what to say at the hearing so that everything goes smoothly at your nominal divorce hearing.  Once again, a Rhode Island divorce coach is just what you need to get the job done.

Take this example:

John was able to handle the filing paperwork without too much difficulty and he worked out an agreement with his wife but John has looked at the questions provided by the court and some of them don't seem to apply to his situation.  John wants things to be over and done with and
needs to get back to work if he can right after the hearing.  John isn't really sure about what to say or how to conduct the hearing.

John has heard that the judge he will be in front of will not help him in the slightest when his hearing comes up so he wants to be prepared.  John calls a few divorce lawyers but they will not help him simply for the divorce hearing itself.  The lawyers want $1,500.00 to get involved and encourage John to get a continuance.  John is frustrated.

John hears about my divorce coaching and gives me a call. I get John right into my office because he only has until tomorrow morning and thankfully I have an available coaching slot.  Within a few hours John feels good about his hearing.  He is comfortable that he can handle it well.

The next day John calls me after the hearing with the good news.  The judge was happy with the process because it took only ten (10) minutes from beginning to end and John was able to get back to work in record time and didn't lose too much time from work.

For only $135 John was able to call me and get the coaching help he needed, when he needed it to fit his needs when other lawyers wouldn't do it for him.  John got just what he needed.  He got the service when he needed it.  Yet most importantly John achieved the result he wanted to achieve for a price that he felt was well worth it.

In fact, to make it easier for him, since John wasn't familiar with the preparation and entry of the temporary order then final decree and he had a busy schedule, he came back to me for two (2) more coaching sessions to cover these separate issues and I helped John make sure his Rhode Island divorce decision and his Final Judgment of Divorce were prepared and ready for him to enter right on time.  In the end, John saved time and money by engaging me to help him with these two important facets of his Rhode Island divorce proceeding.

By John's account, I saved him money and aggravation and he had the confidence of knowing that since his divorce coach is an experienced Rhode Island divorce lawyer that it was done right.  When all was said and done, John was thrilled with the coaching service and John received a compliment from the judge for making sure he had done his homework and was prepared for his divorce proceeding properly.

Coaching is a helping hand by a legal professional when you need it.  Finally, a legal service that helps you on the level that you need it, when you need it, without all of the extras you don't need and shouldn't pay for.  

Do you have a Rhode Island Divorce or family law court matter or problem that you are uncertain of, need help with, or need a second opinion on from a highly qualified and experienced lawyer with a law practice focused exclusively in Rhode island Divorce and Family Law?  

Welcome to my RI divorce and family law practice, The Rhode Island Divorce & Family Law Institute.

I am dedicated to providing the high quality services that you need, when you need them, at unbelievably affordable prices, when other divorce and family law lawyers licensed in Rhode Island will not.

Skeptical?  Is your legal issue worth spending $135 for services that are worth more than double that amount?  If your legal issue isn't worth spending $135, then clearly it isn't important enough to you to even contact a lawyer, so why bother.

I welcome you to contact me to set up your Coaching, Advice and Case Evaluation Session. Each session is a minimum of 1 Hour and costs only $135.00.  

Sessions were previously only available in my office by appointment during business hours.  However, due to popularity and demand for these services, appointments are now available via conference calls by telephone with prepayment by Mastercard, Visa or Discover.  Telephone appointments are available in early evening hours on Tuesdays and Thursdays if scheduled in advance and reserved with a credit card deposit of $25.00.

Rhode Island Divorce & Family Law Coaching is the legal practice of the future .... NOW!




Divorce Settlements in Rhode Island - The Top Two things that Prevent Settlements!

By Rhode Island Divorce Coach on November 13, 2009 7:25 PM | 0 Comments | 0 TrackBacks

Many things can prevent a Rhode Island Divorce Case from settling.  In fact, while I cannot speak for all attorneys in other states I tend to believe that people and attorneys do not differ that much from state to state.  With that in mind, these may be the top two things that prevent divorces from settling on a national basis.


* * * The 2nd Greatest Thing that Prevents Divorce Settlements * * *


In my Rhode Island divorce practice, experience has taught me that "anger" is the second greatest contributor to the inability of parties, with or without attorneys, to reach a reasonable settlement in a divorce.


While divorce often evokes a plethora of emotions in one or both parties in a marriage, none seem as prominent or as powerful to delay and prolong the resolution of the divorce as "anger."  The anger may stem from any number of things ranging from a suddenly discovered long-term affair to a drug or gambling addiction and more.   As a divorce attorney I leave the treatment of a parties' anger to psychologists and therapists better equipped to address and treat its source and help divorcing parties deal with their mental and emotional dilemmas.


However, there is no doubt that as a divorce lawyer, I (and my colleagues) deal with the effects that the anger of either party has on the divorce proceeding.  These effects range from emotion filled meetings with angry clients who feel cheated and betrayed by their spouse to the vindictive decisions or actions of an opposing spouse with an outright desire to injure the other spouse emotionally or even physically.  


Divorce settlements are often prevented by the anger of one spouse at the other spouse.  Usually this takes the form of one or both spouses making demands in the settlement of their marriage that in some way justify the party's feelings or otherwise vindicate the spouse in some way by gaining more in the way of an apportionment of assets or less in the way of an assignment of marital debt.  Simply put this becomes a matter of getting something that makes the spouse feel that he or she "won" in some way over the other spouse.


In truth, there are no real winners in such a situation.  The anger merely costs the parties more physical, mental and emotional turmoil than is necessary and the attorneys make more money while the parties have less money in the end for their own needs.  


Even if one party views the divorce trial or settlement as a "win", it is merely an illusion.  No one wins in a divorce.  The only way to truly win is to resolve the issues you have at present and move on to a new and different future without the other person as your spouse.



* * *  The Greatest Thing that Prevents Divorce Settlements * * * 

Though there are many who may disagree with my conclusion that "making the wrong choice of divorce lawyer" is certainly not the greatest thing that prevents divorce settlements, I leave those persons to their opinion and remain steadfast in my belief that divorce lawyers are often the greatest impediment to preventing divorce settlements.


Having practiced almost exclusively as a Rhode Island divorce and family law attorney for nearly a decade I have had the opportunity to oppose countless attorneys who have represented the opposing spouse.  From the outset of my practice I noted a distinct pattern and made it a practice to listen more than I spoke, it is this practice and skill that has served me best in my divorce and family law practice.  


I have gained my most valuable knowledge by listening to divorce attorneys I have opposed in court as well as listening to others while walking through the halls of the family courts or waiting to be heard in the courtrooms.


Some Rhode Island divorce lawyers, though certainly not all, do not share my "families first" philosophy.  Clients should keep in mind that there are those attorneys who see clients merely as a paycheck.  If you were a divorce attorney with heavy personal financial burdens or with a substantial desire for increased monetary rewards and you knew that your income was dependent upon the number of clients who hire you each year and how much you earn from those clients, what might you do?


Consider each of these questions and answer them for yourself.


If your divorce case lasts longer, couldn't a divorce attorney justify earning more from your case?


If you are upset about your divorce, couldn't a Rhode Island divorce attorney aggravate what is upsetting you in order to make it more difficult and take longer to set up your case?


If your divorce attorney knows that to make his or her desired income he or she must represent X number of divorce clients each year and make $5,000 on each client, is it more likely or less likely that your divorce attorney will counsel you to agree to a reasonable settlement of your case within the first three weeks of your case?


You may draw your own conclusions.  For my part, virtually every case that I have been unable to reasonably settle within a reasonable period of time before both my client and the opposing spouse are injured by the financial burdens associated with divorce litigation have been prevented by attorneys who have placed their own interests before that of their clients.  Some of those attorneys even have an underhanded pattern of doing so such that I now warn my clients of what we are up against before we proceed further.  Attorneys who act in this way do a disservice to the legal profession and an even greater disservice to their own client.


Rhode Island divorce attorneys who act in this way are a greater prevention to the settlement of divorce cases because emotion is not intentional and can be countered by the reasonableness of a good divorce lawyer who cares about the client and places the client's interests first.  However, the intentional actions of a lawyer with his or her own interests placed before those of the client in every sense (mentally, emotionally, physically or financially), can sometimes not be prevented even by the most skilled opposing practitioner.


Ultimately, if you have significant anger regarding your divorce, it is always advisable to seek the assistance of a counselor even if you do not believe your anger is affecting your judgment.  Often, anger does, in fact, affect judgment in divorce cases to a person's detriment.  


Additionally, be aware of what your attorney is doing in your case and remain active in your communications with your attorney.  Most cases are capable of being resolved within three (3) months if the parties and attorneys act in a reasonable manner.  If it takes longer than this, speak with your attorney, speak with your spouse and if necessary, speak with your individual counselor.  You may discover that what you think is happening in your divorce case as represented by your attorney is much different than what is actually occurring.


In any divorce, be aware of your emotional state and be aware of your case and your divorce attorney's conduct.  In the end, both will serve you well in resolving your Rhode Island divorce case.

 

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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

Discover the Tremendous Benefits You Receive by 

Participating in Family Law Coaching Sessions!

Go to RhodeIslandDivorceCoach.com


Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

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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A Rhode Island Divorce Lawyers' Coaching Question: What facts must be proven for a Common Law Marriage to be found under Rhode Island Law?

By Rhode Island Divorce Coach on October 7, 2009 9:36 PM | 0 Comments | 0 TrackBacks

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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