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Assume that you are served with Rhode Island divorce papers. The question people usually ask first is this, "Do I have to hire a Rhode Island divorce lawyer?"  

If you don't think of that one, you might consider worrying because you are not thinking about protecting yourself at all.  Yet by the same token if you somehow think that by hiring a divorce lawyer that you are "all set", I urge you to think again.  In my professional opinion as a lawyer who has dedicated his legal career to Rhode Island Divorce I can tell you with a high degree of certainty the if you think that as long as you have the money to pay your lawyer you can just lay it on his or her shoulders and you will be fine then "Think again!"  

I'll try to address those statements in a more detailed article.  Suffice it to say that no one protects your interests better than you because YOU are the one who has part of your life at stake, not the lawyer.

Yet to answer the question, "Do you have to get a lawyer?", the answer is a resounding "No."

The fact is that you have the right to represent yourself if you choose to do so.  In many instances I recommend that people do precisely that.  Do I recommend that you try to represent yourself without some reasonable measure of legal guidance?  Absolutely not!  It's just about as bad as calling an electrician to immediately deal with a huge plumbing leak.  

In the very least, if you are going to represent yourself in a Rhode Island divorce case you need to have some guidance from a licensed Rhode Island lawyer not just at the beginning of your divorce but along the way as your divorce progresses as well.  My suggestion?  Seek out a Rhode Island lawyer who has practiced divorce law in the Rhode Island family courts regularly for the past 3 to 5 years at a minimum and ask him or her to coach you and advise you through the divorce process.

If you are determined to represent yourself without any experienced legal guidance, then my prayers are with you.  

Am I being dramatic here?  I don't think so.  You see recently I found the list of questions that I came up with when I entered the divorce process before I became a lawyer or knew anything about Rhode Island divorce and family law.

1.  What paperwork do I need to file?

2.  How do I fill all these things out?

3.  One page says to put in the Defendant's name, another page right after it says to write the name and address of the Respondent.  Who is the Respondent?

4.  How do I fill out this financial form of assets and liabilities?  I'm not living at home anymore and I'm giving my wife every dime I make.  Do I fill out income from my paycheck?  Do I put zero because I don't keep any of it?  Do I put both of our incomes down?  What about the assets?  If the mortgage is in my name but both our names are on the house deed then do I put the value as 1/2 of the house?  Can I use the tax valuation or do I have to pay for an appraisal just to finish this form?  

5.  Whose expenses are these?  Are they mine or for our whole family at the house?

6.  When do these Notice of Automatic Orders apply to me?

7. How does the Rhode divorce process work?

8.  How does my wife get the papers?  Does she get all of these papers?

9.  What is this "Nominal Date" that is shown on the Summons and why do I need to complete two of them?  

10.  Is everything split equally by the judge?  Will I get half or could I get less?

|11.  If I'm agreeable, how long will this Rhode Island divorce take?

12.  Can my wife keep me out of my house now that I am not sleeping there anymore?

13.  When and how often can I see my children?

14.  If the judge doesn't divide things equally then how does the divorce judge figure out who gets what and who is going to pay the different bills?

15.  We lived paycheck to paycheck, how much child support do I provide for my children and will I have to pay alimony?  If I do, how long will that go.

16.  If I find out I'm going to be laid off from my job, what do I do then?

17.  Is there any way the kids can stay in the house?

18.  Does Rhode Island law say I can't do certain things once the divorce is filed?

19.  The Summons says my wife will have to appear and answer the divorce complaint.  Does that mean we show up with our witnesses that day?

20.  If I use "irreconcilable differences" as my reason for divorce, how do I prove that?  Do I need paper evidence to give the judge?  

21.  What if I can't survive? Can I return to my house until I figure out some other living arrangements?

22.  If I agreed to give my wife all my paycheck and I put it in writing, will the court force me to abide by that?

These are only a few of hundreds (if not thousands) of questions that you or anyone else faced with divorce might wonder about like I did.

Divorce isn't a cakewalk. Think about it.  It involves your life and what you have accumulated with your spouse, children (if you have any), assets, debts, family relationships, emotions, mental health, change of lifestyle, how you live, living alone versus living together, your clothes, where your children may live, how often you can see your children, whether the divorce is going to hurt your children or your spouse is going to turn into your worst nightmare, etc....  Yes, I am jumping all over here but my point is fairly clear a Rhode Island divorce is important.

No matter what you do for your life's work or what you've tried to make out of your life, nothing helps you more than knowledge of the fundamentals.  Divorce is no different than any other task that you are faced with the more understanding you have about it, the better you feel about how you can handle it, the better you can deal with it emotionally and the more control you are likely to have over things that are actually in your control in the divorce process.  Understanding the fundamentals of Rhode Island divorce and knowledge about the process and your legal rights is crucial.

Think about how hard it would be to read a book written in english if you didn't know the alphabet or understand word combinations or what they meant.  Without those fundamentals you might as well be a balloon blowing in a harsh wind in a forest.  You'd be out of control with no destination always fearful if you were going to hit a branch and pop, never to be the same again.

That's what I do for people in divorce situations.  Whether you plan on hiring a lawyer to represent you or not, and whether or not it's me you want to ask  . . . there is one thing that I believe strongly in.  It's this . . .  if YOU going to go through a divorce, YOU need to be fully advised of the FUNDAMENTALS of the Rhode Island Divorce Process, YOU need to know your basic Legal Rights, and YOU need the answers to the questions that are most important to YOU or that worry YOU the most!

In every sport, educational class, or business venture it is CRUCIAL to know the fundamentals and to be informed about them by someone who knows them well . . . THE COACH!

You are my focus!  That is precisely why I developed my Coaching Program.  People need to know the FUNDAMENTALS of Rhode Island divorce.  They relate to YOU and YOUR situation!  If you go into a divorce without personally knowing them yourself, then it doesn't matter if you hire a Rhode Island divorce lawyer or not, you're still a balloon blowing in the wind. . . . now you're just doing so and you have to pay a bill as well.

This program could take you from the beginning of an amicable, uncontested Rhode Island Divorce to the end successfully.  Yet more importantly it provides one of the greatest things missing from divorce practices these days. . . the FUNDAMENTALS!   So I've built a program to inform you of what every person should know about Rhode Island divorce if they are to help themselves and understand what their divorce attorney is doing for them. 

Without the fundamentals I offer, what can you expect in your divorce?  Here's a few of the lovely parting gifts you could take with you:  

Frustration
Anger
Larger Attorneys' fees
Loss of Control of not just your case but Your Life!
A Nervous Breakdown
Less than your share of the assets 
More debt to pay
Confusion and Lack of Understanding
Emotional turmoil 
Depression . . . and more.

I'm Attorney Christopher Pearsall and I am happy to consider myself "THE Rhode Island Divorce Coach."  I invented the Coaching Program for everyone.  The fundamentals, educational and legal advice session is one (1) hour and currently costs only $135.00.  

It's not for profit.  It's not for any glory or fame.  It's because people need and deserve help from someone who cares and someone who has been there!

It's the one thing I wish I would have had for myself in my own divorce before I even became a lawyer and though it's taken me many years to get here, I'm glad I can do something good to give back to the community by offering an extremely valuable service for much less than my services should go for on the open market.

I do undertake clients for representations but no matter what, I recommend and require that everyone who comes to me take this initial educational and legal advice Coaching Session.  It is literally the most essential and necessary part of ANY divorce!

I look forward to hearing from you and helping you understand the fundamentals so you can make the right decisions for YOU! 


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

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

- - Recommended Websites - -

Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | ChrisPearsall.com | LegalScholar.com | Pearsall-Law-Associates.comRhode Island Divorce Attorneys | Rhode Island Divorce Lawyers | Rhode Island Divorce Coach  |  RI Divorce Coach | RI Divorce Lawyer on Twitter | Rhode Island Divorce Coach on Twitter | Rhode Island Divorce Lawyer on Facebook.com | 

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
!!

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 to Present.  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.

- - Recommended Websites - -

Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | ChrisPearsall.com | LegalScholar.com | Pearsall-Law-Associates.comRhode Island Divorce Attorneys | Rhode Island Divorce Lawyers | Rhode Island Divorce Coach  |  RI Divorce Coach | RI Divorce Lawyer on Twitter | Rhode Island Divorce Coach on Twitter | Rhode Island Divorce Lawyer on Facebook.com | 

In a Rhode Island divorce, separation and other miscellaneous family law matters which involve the equitable division of the marital estate of two individuals, the Rhode Island family court has the power to divide the marital assets of the parties.

The specific focus of this Rhode Island Coaching tip relates to the inheritance of items.  One of the more common items inherited are stock shares and/or certificates.

Since there are countless variations of inheritances, types of items inherited, etc . . this tip is limited solely to stocks that are inherited by only one spouse during the marriage.

Consider this example.  

Jeremiah and Pamela have been married for four (4) years.  There are no children of the marriage and they do not own any real estate.  For the past four (4) years Jeremiah has paid the rent on their apartment and all of the household bills while Pamela has attended school to become a nurse.

Jeremiah files for divorce.  During the divorce proceedings, Pamela's older brother passes away and Pamela inherits seven thousand (7,000) shares of stock in Ford Motor Company which her brother's estate transfers into Pamela's name.  The estimated value of the Ford Stock is forty-five thousand dollars ($45,000).

The Ford Stock is the only actual asset that either party has that has any real value to it.

Jeremiah calculates that all the bills he has paid for them during their marriage is about $53,000.  Jeremiah believes its fair that he receive something for supporting Pamela for four (4) years while she attended school.  

Jeremiah demands one half of the Ford Stock to compensate him for Pamela's half of the all the rent and bills that he has paid for the past four (4) years claiming that this is less than 50% of Pamela's share of the bills and therefore it is fair and equitable.

Pamela doesn't have a family law lawyer and thinks that this sounds reasonable.  Before signing the settlement documents Pamela schedules a coaching session with Attorney Pearsall.

Pamela discovers that Jeremiah can't touch the inherited stock and that it is solely hers and not even part of the marital estate.  Pamela is confused because she received it during the marriage.  She does not understand why it isn't marital property.  

Rhode Island Family Law Coach Christopher Pearsall takes time to coach Pam through the thought process.

ATTORNEY PEARSALL:  Pam, it's nice to meet you and I'm sorry to hear about the loss of your brother, especially during a difficult time such as a divorce.

PAMELA:  Thank you Mr. Pearsall.  It is very upsetting to lose my brother and to have to deal with a divorce too.  I just want this divorce done with.

ATTORNEY PEARSALL::  I completely understand Pam, but since you've come to me I want to make sure you are informed.  You have a specific issue about stocks you inherited when you brother died and your husband wants half of them in the divorce to make up for half of the bills he paid for both of you while you were married.  Did I get that right from your call.

PAMELA:  Yes Sir.

ATTORNEY PEARSALL::  You can call me Chris.  You've got enough on your plate without being formal with me.  After all, I'm here to help you.

PAMELA:  Okay Mister... I mean Chris.

ATTORNEY PEARSALL:  Okay, well first Pam, there's a law in Rhode Island that makes inheritances exempt from the marital estate.  I'll give you a copy of that law before you leave.

Now, there are exceptions to that law so let's go through a few questions together to show you what the court will normally look at.  Now... as long as your answer to each question is "NO" then that Ford stock should still be just yours alone okay?

PAMELA:  Okay.

ATTORNEY PEARSALL::  Alright, forget about that Ford Stock for this question.  Are there any other stocks, pensions, annuities, 401ks or any other kind of retirement or investment accounts that either you or Jeremiah had during your marriage?

PAMELA:  No. [ Pause ]  So that Ford stock should still be mine so far, right?

ATTORNEY PEARSALL:  So far ... but let's keep going.  Does the stock pay any dividends?

PAMELA:  No.  It's just regular common stock in Ford.

ATTORNEY PEARSALL:  Great.

Pamela:  So far the stock should still be just mine, right?

ATTORNEY PEARSALL:  Right.  Now, did you put Jeremiah's name on the stock for any purpose at all?  

PAMELA:  No.  My brother just died recently and we were getting divorced so I didn't do that.

ATTORNEY PEARSALL:  So far so good Pam.

PAMELA:  Okay.. I think I understand how this coaching works now.  You take me through it step by step so I understand what I need to look at, right?

ATTORNEY PEARSALL:  You've got it... but we're on a roll here so let's keep going.  Did you put the stock certificates in a safe deposit box or in a place so that both you and Jeremiah have access to?

PAMELA:  No.  The administrator of my brother's estate still has the certificates.

ATTORNEY PEARSALL::  Okay.  Did you give Jeremiah any kind of Power of Attorney or sign any document at all that gives Jeremiah any right to keep, sell, trade or do anything else with that stock either by himself or on your behalf?

PAMELA:  No.  Nothing.

ATTORNEY PEARSALL::  Now have you sold any of those stocks?

Pamela:  No.  The administrator still has them.

ATTORNEY PEARSALL:  This is the last question Pam.  Did you apply for or take out any loans that use that stock as security for any loan?  Or did you pledge the stock as collateral for anything?

PAMELA::  No.

ATTORNEY PEARSALL:  Okay.  Now I need to make sure you understand something Pam.  I asked you these questions because the court and particularly Jeremiah or his attorney will look for anything that shows that you commingled this stock with your marriage.  If they can find something then they can argue that the court can divide it.  If they don't find anything then the stock remains yours.

PAMELA:  So the stock is mine, right?

ATTORNEY PEARSALL:  I've asked you all the usual and major questions that would be asked to tie the stock to the marriage.  Based upon what we have discussed , YES... I just want you to be aware that if there is something obscure even a small thing that we have missed then the answer might change.  I think we did a good job though.  Is there anything else you can think of that relates to your marriage or Jeremiah and the Ford Stock that you haven't mentioned?

PAMELA:  No.  So does that mean that I shouldn't give Jeremiah half of the stock because the law says so?

ATTORNEY PEARSALL:  Actually, it means that Jeremiah probably doesn't have a legal right to those stocks at all.  However, it's really up to you what you decide to do with the stocks and whether you give any to Jeremiah.

What you did with me here is very important.  You looked at the stocks with me step by step and now you know that Jeremiah probably can't touch them even though he is trying to make a convincing argument because the law says they should be yours.

PAMELA:  I am glad I made this appointment.

ATTORNEY PEARSALL:  Best of all, you did the analysis with me by going through the questions and you know that if Jeremiah comes up with an argument that doesn't tie the stock to your marriage in some way, then it isn't an argument that gives him a right to part of those stocks.

PAMELA:  Thanks Chris.  This has been very educational.

ATTORNEY PEARSALL::  That's what I'm here for Pam.  I coach you through your issues but you're the real expert in the end because no one knows your life better than you.

PAMELA:  And its my decision as to what I want to do with the stock?

ATTORNEY PEARSALL:  You can agree to give Jeremiah some of them or you can take the position that legally they are yours and he is not entitled to any of them.  That's up to you Pam.  But now you know the stocks should be yours and what the test is for your husband to have any legal claim to them.

PAMELA:  That's great.  This worked out better than I thought Chris.  Thanks.  It was nice meeting you.  Here's a check for our session.

ATTORNEY PEARSALL:  Thank you.  It has been my pleasure to serve you Pam.  That's what I'm here for.  Call me again if you need any more coaching.


General Rule:  Items inherited solely by either party are not part of the marital estate and are the property of the individual who inherited them and are not subject to division by the Rhode Island Family Court.  

General Exception:  If the person who inherited an item commingles (mixes) that item in with marital property that IS subject to division, then the court may find that the inherited item has lost its "inherited character" and has become a marital asset of both parties which is subject to the court's power of division.






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