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I commend those people who are "do-it-yourselfers".  I happen to be one of those people myself.  People such as these always seem to be willing to undertake a challenge even if it means trying to save money by representing themselves without a Rhode Island Divorce Lawyer.  Yet in the same breath, I have to caution almost 99% of the population against it.

I had yet another consultation recently where a person asked the question at the end of the consultation, "Why do I need a Rhode Island divorce lawyer?"

This is perhaps the biggest "loaded question" I get because the answer is not as simple as saying something like "because as a Rhode Island divorce lawyer I've gained the skills to anticipate things that you may not anticipate as a layperson."  Frankly, though I wouldn't want it to sound condescending, it sounds that way almost invariably to everyone and as a result some people get offended.  Certainly that wasn't my intention.  Yet no matter how I vary my tone or the flow of conversation, it comes out that way.

The fact is, that I learned (personally) the hard way that you need a Rhode Island Divorce Lawyer in almost every instance.  The law, including Rhode Island law, is never as simple as people would like to think it is.  Though many people might think that we as lawyers are "overcomplicating things" in order to get more clients, the law is complicated.  There are subtleties and caselaw associated with statutes in the Rhode Island General Laws that most laypeople will never read, let alone pull together the significance that several cases may have upon the significance of the interpretation of a law by the courts that may severely impact their case or the position they are taking.

Therefore, invariably I have changed the manner in which I answer this "loaded question" of "Why do I need a Rhode Island Divorce Lawyer?"  I now answer the question with examples.

The question usually comes up with people who want to save money and have very little in the way of assets or have no children at all.  Yet many couple's have something in their divorce that is problematic and they aren't even aware of its significance.

An example of a couple who did not retain Rhode Island Divorce Lawyers to protect their interests is   helpful here.

EXAMPLE

John has a consultation.  He has been married to Linda for only one year.  They were best friends and took what they thought to be the next logical step in their relationship.  Unfortunately they found they were great as friends but terrible as a married couple.  Each of them had different expectations of what marriage was all about and what they expected of the other.

John and Linda each had their own apartments and their own possessions prior to their marriage and all of those items of personal property had been retained by each of them.  They did not have any real estate.  They did not have any children.  They did not have any retirement plans.  At the beginning of their marriage they agreed that John would carry the health and dental insurance for both of them and pay for that out of his income.  John and Linda each worked a job and made roughly the same amount of money.  Linda, did, however get an annual payment of $2,000 for not electing to be on her company's health insurance plan.

John doesn't believe they need a lawyer in order to do their divorce even after his consultation and a reasonable and even affordable quote for representation.  It's understandable because people simply don't like paying Rhode Island lawyers, especially Rhode Island divorce lawyers.

John and Linda reach an agreement, John files for divorce and muddles his way through the process and he and Linda finally make it to their Nominal Hearing date in the Providence County Family Court.  John and Linda miss only one important question and the particular Judge hearing their case is kind enough to ask the question to finalize the requirements of Rhode Island Law to be able to grant the divorce.

Both parties sit at plaintiff's counsel table and defendant's counsel table as they listen to the Judge's decision.

John and Linda agreed that they would each own and be awarded the items they each brought into the marriage free and clear of any claim of the other.

Each of them is awarded all right, title and interest in and to the items currently in their respective possession, free and clear of any claim of the other.

They both testified that they also agree that they will each be responsible for the credit cards they each have in their own name.

John has agreed that he will continue to take care of the health and dental insurance for Linda pursuant to the Rhode Island Health Insurance Continuation Act.

The court grants them each an absolute divorce based upon irreconcilable differences that have caused the irremediable breakdown of the marriage.

John and Linda are able to get through the remainder of the divorce by preparing the Interlocutory Decision Pending Entry of Final Judgment, presenting it to the Domestic Relations Clerk for verification, presenting it to a family court Judge for signature, then filing it in the Domestic Relations Office for Entry by the Clerk or Associate Clerk to make the Interlocutory Order Official and insure that it corresponds with the record of the court. 

John and Linda pass the 90 day waiting period and then present the Final Judgment of Divorce to the Domestic Relations Clerk to be checked for consistency with the court record, presentment to a Domestic Relations Judge for signature, and then filing with the Domestic Relations Clerk's Office for Entry and issuance of certified copies of the Final Judgment of Divorce for both parties.

As far as John and Linda are concerned, they are done and they are divorced.  The court closes its files and sends it off to the State Archives in Pawtucket, Rhode Island.

Then an issue arises.  John's company only offers single insurance for John which the company will pay the premium for, OR family coverage for John and Linda which John must pay the difference in premium for out of his pay check.

John doesn't want to pay the extra $447 per month that it costs for the family plan and he demands that Linda pay it if she wants to remain on his coverage.  Now, Linda brings their Final Judgment of Divorce to a Rhode Island Divorce and Family Law Lawyer.  Linda is advised that she is not obligated to pay the difference between the coverages and tells John that she will not pay it.

John takes the Final Judgment of Divorce to a Rhode Island Divorce Lawyer and asks about his rights.  John is dumbfounded to be told that he cannot remove Linda from the insurance plans and that it is implicit in the court's final judgment that he will continue to insure Linda at his cost, indefinitely, under the Rhode Island Health Insurance Continuation Act or until one of the provisions under the Act occurrs that no longer makes Linda eligible for coverage.

John takes Linda to court because he believes that Linda should pay her own insurance costs and because that is what he and Linda agreed upon. 

Upon their return to court, the judge reads the Final Judgment of Divorce, the Interlocutory Decision Pending Entry of Final Judgment and the transcript of the proceeding.  These documents are silent as to the agreement that John mentions.  John is ordered to continue to pay for Linda's medical and dental insurance out of his paycheck indefinitely until a disqualifying event occurs that allows the health insurers to remove Linda from the medical and dental insurance plans.  The judge also awards Linda attorney's fees of $1,000 for the needless defense of John's motion.

In the end, Linda has benefited.  However it was John who went to the consultation and John's desire to save about $1,500 for representation during his divorce has cost him $1,000 for Linda's lawyer and a payment of $447 per month indefinitely until Linda is disqualified from coverage under the Rhode Island Health Insurance Continuation Act by John's Health and Dental Insurer.  In one year along John will have paid $6,364 for attorney's fees and insurance costs.

If Linda isn't disqualified for five (5) years then John will have to pay $33,184 in insurance costs and attorney's fees.

Why do you need a Rhode Island Divorce Lawyer, John?

Assuming you paid the divorce lawyer even $1,800 . . . . he or she is likely to have saved you $31,384!

Need I say more?

Appointing a guardian ad litem for adults in Rhode Island divorce cases isn't very common but it does occur.  Typically a guardian ad litem is an attorney (though the guidelines have changed recently to include non-lawyers particularly experienced and trained in dealing with people and issues requiring a guardian's skills) appointed by the court to represent the "best interests" of the individual and to make recommendations to the court as to what is in the person's best interests.

Now I put "best interests" in quotes because it is significantly different from simply representing the individual.

When an attorney or other person represents an individual they generally speak for that individual and advocate for exactly what that person wants.  That is not what a guardian ad litem does. 

Using appropriate factors the guardian ad litem uses his or her judgment to review he circumstances, speak with the individual, look at the case, review pertinent caselaw, perhaps even review medical records and ultimately recommend to the court what should be done in the "best interests" of the person that they are appointed to be the guardian for.  This is true even if the recommendations to the court are entirely contrary to what the individual wants done.

Thus, if John and Sarah are in a divorce and Sarah has a multiple personality disorder and goes back and forth between wanting one day of visitation with her children per week or 2 overnights and 3 full weekends per month for her visitation then the court might determine that Sarah, even with the assistance of her lawyer might not be in a correct state of mind to make the best decision for herself and for her children.

As a result, a judge may order that either Sarah, her children or both... have Guardian Ad Litems appointed for that proceeding.

Assume for a moment that Sarah has a guardian appointed and that the guardian for Sarah, after reviewing all the evidence in her Rhode Island divorce case, her medical records, etc.... that it would,  in fact, be best that she see her children more often, yet the guardian finds that Sarah has not been taking her prescribed medication to keep her condition under control and has missed over half of her counseling appointments.

Sarah's guardian ad litem may recommend to the court that Sarah have only one visit per week with her children until she shows that she can take her medicine and attend counseling on a regular basis to promote Sarah to make more progress for herself and for the benefit of a healthier relationship with her children.  This could very well be against Sarah's outrage and protests.

It is important to understand that in a Rhode Island Divorce proceeding, a Guardian Ad Litem represents the best interests of the person they are appointed to serve.  This does not mean they serve at the whim of the client or that they must do what the person they are appointed to represent controls their actions or the position they take.

A lawyer represents the client's interests and follows the client's directions within the reasonable direction of the client.

A guardian ad litem appointed by the court (or ever privately) represents the "best interests" of the person (s) they are appointed for, even if their advice, recommendation or counsel to the court is against the wishes of the person they have been appointed to represent.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

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 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.

Rhode Island Divorce Question:

I am a mother who was awarded placement of my son, Theodore, by a Rhode Island family court judge at a hearing on Temporary Allowances.  The judge also ordered that while we sort out the entire divorce I am responsible for 1/2 of Theodore's medical bills and my husband is responsible for the other half.

After the order, Theodore got sick and I took him to the doctors and he was given a regimen of antibiotics.  I tried to explain to the doctor's office and the pharmacy that my husband had to pay half by the court order in our Rhode Island Divorce but they both made me pay the full co-pay for the appointment and prescription. 

I called my husband and told him he needed to pay me back half of the amounts I paid for our son per the divorce court's order.  He asked me to send him copies of the doctor's receipt and prescription receipt.  I sent him  the copies a week later.  I've waited another week now and I haven't received a dime from my husband.

Theodore has two follow-up  appointments coming up.  I just can't be footing the bill for all of this money up front.  What is going on?  How is this supposed to work?

Rhode Island Divorce Tip:

Your situation is an understandable one.  You are certainly not alone.  Many mothers and fathers who have placement of their minor children by a Rhode Island Divorce Court order find themselves in this situation.

Typically, the placement parent has the children and is the primary caretaker of the children.  As a result, parents often respond instinctively.  Parents don't typically pull out there divorce file and all the Orders that may be in it in order to analyze what they should do.  In fact, the thought of a parent doing that when his or her child is sick is somewhat absurd.

What a placement parent will do is to take the child to the doctor and get the child his or her medicine, just like you have done! 

Placement has its benefits.  As the placement parent, you have the benefit of being the person to be the primary caretaker of your child and have a substantial influence on their upbringing.  You often have the benefit of child support, and medical coverage or a medical financial contribution from the parent with visitation.  In the end, if you are the placement parent, you are very likely to get the tax deductions for the minor children in your care if the court makes such an order.

The point of explaining this to you is to help you understand that what you have describing is one of the small detriments that comes with being a placement parent.  It is usually referred to as "presentment". 

As the placement parent, typically it is the expectation that you pay for the medical costs upfront and then send copies as proof of payment to the other spouse so that (in this case) he has proof of the costs and can pay his 1/2 of the legitimate expenses that you have paid and a reasonable time to pay his (or her) share.

Providing the copies of the actual bills that have been paid and that the other parent is required to pay some portion of is known as "presentment". 

Typically courts will allow thirty (30) days as a reasonable presentment period (amount of notice by sending copies of the actual bills that that placement parent paid) to give the other parent the opportunity to make payment.

It should be noted that this is only a rule of thumb, that judges have discretion in this regard, and the amount, ages of the bills ,and the ability to verify the bill may all come into play.

In this case it is reasonable to allow thirty (30) days after the non-placement parent receives the proof of the bills for the non-placement parent to make payment pursuant to the Rhode Island Family Court's order.

Please note that this assumes that the information in the question is accurate.  Each person's situtation is different and other factors may affect the response to this question if the questioner has left out pertinent facts.

* 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.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

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 presented for the convenience of the internet public.