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3 Major Ways You Can Control Huge Costs in Your RI Divorce?

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That largest cost of any divorce is almost always the amount you pay to your divorce lawyer.

So how can you control that cost? Here are 3 major ways you can take control of that cost.

1) Shopping around and doing your homework before hiring a lawyer can save you thousands or tens of thousands of dollars in divorce lawyer fees. If you truly want to save money then you will "bargain" shop like many people do for christmas presents. All attorneys are not the same and their rates and billing arrangements are not all the same. It is better to exercise patience and take your time finding for a good lawyer who knows divorce well and charges a reasonable fee for his or her services. Always remember the wise old adage, "An ounce of prevention is worth a pound of cure."

2) Speak with your spouse and reach an agreement on your own to bring your case to a reasonable resolution if at all possible. It's best not to let your attorney sway you from what you believe to be a reasonable resolution that you can live with simply because your lawyer doesn't agree. Remember that this is your life with your spouse. When it comes to what is "reasonable" for a resolution to your marriage, your lawyer may know the law but only you know what you consider reasonable for a settlement. Ultimately, the longer your divorce takes, the more money the lawyers make and the less money and property you end up with.

3) Remember to tell your lawyer that you want the lawyer to talk to you about each action to be taken in your divorce and how much time it will take or how much it will cost you for the work to be done. If possible have the lawyer put it in writing, even if it is only via an email. If you don't want the action taken then make sure to inform your lawyer in writing whether you would like the action taken or not. Ultimately, your lawyer is your guide through the proceeding, but as the client you have the ultimate right to make decisions over what happens in your case. If you hand the case over to the lawyer and things aren't clear between you and your own lawyer, then don't be surprised if your divorce lawyer starts filing motions and sending out documents that may not be needed at all. You could save yourself a lot of money by preventing your divorce lawyer from doing work that is not necessary in a case if it can be resolved early simply by communication between you and your spouse or exchanges of offers and counteroffers until you arrive at a settlement.

The worst thing you can do is to simply hire a divorce lawyer and turn everything over to him or her and expect that things will be done the way you would like them done.

Dear Rhode Island Divorce Coach,

I need help and I can't afford to hire a Rhode Island Divorce Lawyer or even pay your coaching fee.  Yes, financially I'm doing pretty bad since I got laid off after 15 years.  I've made good money but now unemployment is going to run out and I don't even know how I'm going to afford food or rent.  She just want's child support again for my son again and she says it's my problem.

My ex and I have been divorced for almost 9 years.  We had two kids together.  My daughter is 19 years old and she's going to Rhode Island Community College and doing great.  My son a great kid.  He is somewhat learning disabled and I've been told he has the mental age of 13 even though he's almost 21 years old.  

The Rhode Island family court terminated my child support for my daughter just shortly after she turned 18 and again for my son at age 19.

My ex-wife is taking me back into court to get child support for my son.  She says she'll get it because he is learning disabled and is still living at home with her.

There's no chance she can do, is there?  I mean, once the court tells me I don' t have to pay anymore I'm done, right?

J from Pawtucket.

The Rhode Island Divorce Coach's Answer:
      
     J.  I certainly can't give you an exact answer because lawyers don't make the decisions, it's the Judge's that do that and it is all based upon all the circumstances and I can never be sure if you've given me all the circumstances or how a judge might view them depending upon how they are presented in court.

     I can tell you that effective July 9, 2011 the law regarding this subject changed.  Specifically, General Laws 15-5-16.2(b) which provides the fundamental considerations the court must consider when determining the child support for children who have a severe physical or mental impairment and are still living with or under the care of a parent even beyond the child's emancipation date as set forth in the statute (deemed to be 19 years old at the latest) has been modified.

While the Rhode Island Family court was already afforded the power to issue a child support order for the severely physically or mentally disabled child beyond the age of 19 in its discretion provided the court found that continued child support was warranted under the circumstances.  

Now, in your case you have told me that before the law was changed your child support obligation for your son was terminated by the family court.  You don't mention anything about whether the court determined if your son with physically or mentally impaired, or if your son was living with either you or your ex-wive at the time your child support obligation for him was terminated, so I will address the change in the law.  You should then apply what the change in the law states to your situation since it would be improper for me to speculate on your situation without asking you further questions during a paid coaching session.

Rhode Island General Laws 15.5-16.2 (b) which provides the factors a court must consider when deciding to expand child support beyond a child's 19th birthday has been amended.  As of July 9, 2011, the following addition was inserted after the factors the court must consider.

"If a child support order for a child with a severe physical or mental impairment has been terminated, suspended or expired, the court shall consider the factors in this paragraph and has the discretion to order child support for this child prospectively based upon established child support guidelines."

Essentially this law seems to give the Rhode Island Family Court the power to award child support on a "going forward basis" even after a child's 19th birthday if the child has or had * a "severe physical or mental impairment" and a child support order for that child was terminated, suspended, or expired.  

However, in a nut shell it now makes it possible for your ex-wife to at least petition the court for a continuation of child support if the court determines that your son's condition constitutes a severe physical or mental impairment.

Therefore, based upon the new addition to the law, it IS possible that your ex-wife could take you back to court and be awarded child support for your son on a going forward basis even if your child support was previously terminated provided the court finds that your son's condition meets all the criteria required by that law.

You will want to look at cases determining what constitutes a severe physical or mental impairment under other Rhode Island cases.

I'm sorry that the answer isn't as simple as you might like it.  However, the law can get very complex and often rests on different interpretations and arguments that can be made.  That's why it is always important, in the very least, to seek the advice of an experienced divorce and family law practitioner on matters such as these.

[ *Important Note on Bolded Text:  It is unclear from this addition in Rhode Island General Laws 15-5-16.2(b) whether the child had to have the severe physical or mental impairment (a) At the time the previous Rhode Island child support order was issued, (b) At the time the previous Rhode Island child support order was terminated, or (c) whether the child could have acquired the severe physical or mental impairment at any time after the date the child support order that was terminated was made by the court. ]

I hope you found this of help to you.  Should you need any further assistance, please contact me for an affordable legal advice or Rhode Island Family Law Coaching session from an experienced Rhode Island Divorce and Family Law and Divorce Lawyer and Coach.

My best of luck to you J.
Not every Rhode Island divorce requires each party, or either party to hire a Rhode Island divorce lawyer to represent them.

I've thought about this divorce concept for more than five (5) years now.  Every week I get calls about Rhode Island divorces.  Most of the time people are shopping to either free advice or an attorneys' rate for a simple uncontested Rhode Island divorce.

Why is that?  It's because money is the big issue with people these days and it doesn't take a Rhode Island lawyer to know that an uncontested divorce is going to cost less than a contested or bitter divorce.  So people just use their common sense and ask for the rate for a simple, uncontested divorce even if they really don't understand what it means for a divorce to be truly "uncontested."

But is asking for a Rhode Island lawyer's rate for their divorce as a simple or uncontested divorce just about the money?  Possibly not.

Some attorneys in Rhode Island find this kind of phone lawyer shopping offensive.  I can understand that.  After all, divorces aren't a one size fits all thing.  Or at least they shouldn't be.  After all, since no two people are EXACTLY alike in the world then it makes sense that now two divorces which involve two people are never EXACTLY alike, right?  Isn't it only common sense?  

Yet let's remove the Rhode Island divorce cost factor from the picture.  Let's assume it doesn't exist at all.  What is another reason for asking any question about a simple, uncontested or amicable Rhode Island divorce?  Could it be because the person wants to be amicable, or simple, or uncontested?  Sure.

So imagine you are an attorney.  A person calls you with questions about a simple, amicable, uncontested Rhode Island divorce.  If you leave out the cost of the divorce, you might actually have a person on the phone who wants to be amicable and not have a contested divorce.  Consider it for a moment.

You are an attorney and you may now have 1/2 of the divorcing couple in a friendly position who wants to be agreeable and resolve the divorce.  Is it possible that basically 50% of the job of getting to friendly/nominal divorce hearing is already present?  It is absolutely possible.  In fact, if the person doesn't have that much money and he or she is attorney shopping for the most affordable lawyer on an amicable Rhode Island divorce, doesn't it make sense that the cost factor is also pushing the person to be amicable and keep the divorce uncontested? It not only makes sense, it is highly probable.

So why do I see our Rhode Island Family Court divorce calendars filled with cases that people aren't resolving by the Friendly Court Hearing Date (aka Nominal Hearing Date)?

I've watched and considered this interesting Rhode Island divorce phenomenon for over a year now. Now while I do represent people with more complicated cases, I coach even more people to manage their own divorces, represent themselves, work out agreements with their own spouses, and even co-parent better.

There are two factors I have identified.  

One factor is when one spouse who can't or won't come to terms with a divorce.  This could be due to the spouse being unreasonable, mental health issues, or pure bitterness and anger.  

The other factor is the involvement of one or more attorneys involved in the case who create conflict in the divorce sometimes knowingly, sometimes unknowingly. 

To be sure divorces can be emotional.  They are too susceptible of tipping from a simple uncontested divorce to a contested, drawn out divorce.  Too much of it is seen these days.  Some days it literally pervades the atmosphere in the courtroom.

In short, I created coaching to help people and not to put anything even remotely amounting to a substantial amount of money in my pocket.  Certainly I'm no saint, I still have to charge for what I do or frankly I won't be eating or I'll be freezing during the winter.

Yet, divorce in our economy right now appears to be on the rise and while I certainly won't profess that in any way I stop it from happening, I felt I had to do something with my skills to make it easier.

So Rhode Island Divorce Coaching was created by me as a solo practicing Rhode Island lawyer.  I focus my entire practice on divorce and family law but I will certainly tell you that my mother raised me well.  She raised me to help others when I can, to fight against what's wrong without violence, and to do what is right when I can.

So here I am doing what I can. I'm not in a position to represent people or coach for free but I'm doing what I can.  When people come to me for representation I may do so, but if I feel that there is any chance that they can properly make it through their divorce using my coaching sessions, then I explain the difference and recommend the coaching when appropriate.

One Rhode Island Divorce Coaching session is only $135.  I provide a full hour of time.  During your session I learn about you, your marriage, your family, your assets, your debts, your income, your education and factors in your family that may be considered in a divorce.  I also the take time to explain to you important aspects of Rhode Island Divorce Process and it's Procedures, important Rhode Island Divorce laws (aka RI Domestic Relations Laws); uncontested divorce proceedings, contested divorce proceedings, the different things the Family Court will want to hear about and what you should discuss with your spouse and answers to your most important questions and concerns.  Lastly, I help you determine whether you truly need a lawyer to represent you or not and discover what might work best for you based upon your personality and what we have discussed during our confidential coaching session.

That's quite a bit to cover for only $135.  One kind woman came to me for a single session after going through three (3) lawyers, over an eight (8) month period of time to the tune of about $7,500 and had this nice statement to make about my service.

"I wish I had found you sooner Chris.  It's sad to find out that what I learned from you in one hour was more than I learned from all my the other attorneys I hired for the past 8 months."  

This was perhaps the best unsolicited testimonial I could have ever received.  For sake of confidentiality and privacy I do not reveal the names of my clients with testimonials because I work with them in the background and I respect their privacy.  However, I can state without hesitation that this is a verbatim quote from an actual client.

Many clients have represented similar sentiments, compliments and testimonials.  

Imagine how much help I can be to you and the damage I might prevent if you met with me just one time.  Isn't it worth $135.00 to be informed about what happens, be prepared for what might come, and peal away the veil of mystery that causes the fear and anxiety associated with divorce proceedings.

I'm just a call away and I look forward to helping you! 


Authored By:

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce* Lawyer is Now
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Copyright 2000 to Present.  Christopher A. Pearsall, Esquire
 Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

Note: If this article contains a case scenario with names, dates or amounts, any resemblance any connection to any person or situation now or previously existing is purely accidental, unintentional, and is merely a mistaken creation in the mind of the reader.

* The Rhode Island Supreme Court licenses all attorneys in the general practice of law.  The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

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