Rhode Island Divorce Tips by Attorney Chris Pearsall: Differing Family Law Services

Differing Family Law Services

December 29, 2009

The Rhode Island Divorce Lawyer and Family Law Coach serving Warwick, RI: Living Separate Lives, but Not Divorced

Do You Need Divorce Coaching or Legal Representation? Consider this Example.

On a whimsical impulse Carrie and Jack got married in Las Vegas, Nevada in 1992 while on vacation with friends. They remained married and living together for seven months in Rhode Island where Carried had her job and family and Jack was stationed in Newport with the military at NUSC.

The marriage quickly deteriorated after Jack discovered that Carrie was a verbally abusive and sometimes violent alcoholic. When Jack refused to buy Carrie alcoholic beverages of any kind, Carrie moved out. Even though all the furnishings and other assets belonged to Jack before the two got married, Jack agreed to give Carrie everything. Jack felt bad for Carrie and he went so far as to engage professional movers to pack up and move all the furnishings in their apartment to wherever Carried wanted them moved. The only things Jack did not give to Carrie were the things that were provided to them by the US Military because he had no right to give them away.

Carrie left with 95% of everything and Jack kept only a few minor things that were needed for his survival in the apartment. Jack went so far as to set up a military allotment to be deposited in an account of Carrie's choosing for half of the military pay he received each pay period. Carrie's allotment was set up to last for an indefinite period of time.

Both Carrie and Jack were aware that as long as they remained married the military would provide Jack with an additional amount of money each pay period as long as he was classified as "married."

Carrie and Jack each went their separate ways and verbally agreed to live their own lives under these circumstances. Jack didn't want to hurt Carrie and realized she had a problem so he did not file for divorce. Carrie did not seek any form of rehabilitation but she knew that if she filed for divorce she would get less money from Jack, so she never filed either.

Finally, Jack retired from the military in 2000 and the allotment to Carrie ceased pursuant to the military's own administrative guidelines. Jack then began receiving a military pension for his 20 years of military service.

When the military allotment ceased, Carrie sought legal advice in Rhode Island where she had been living for the past 12 years and made a substantial claim for Jack's pension and other assets he had accumulated while they had been living separately.

Jack was surprised to learn that although the Rhode Island judge could certainly consider the totality of the circumstances surrounding the divorce, Rhode Island law did allow Carrie to claim that at least a portion of Jack's military pension was "marital" because it accrued while the parties were legally married and absent a Rhode Island or Federal Law which instructed the Rhode Island Family Court otherwise, the pension could be considered marital if the court made a finding that all or a portion of the pension was marital and should be equitably split between the parties as the court saw fit after trial.

Jack was not happy about the divorce proceedings. All this time he thought he had "done the right thing" for Carrie and now she wanted even more and Jack didn't want to give more. Jack felt he had given enough and he was willing to fight for his military pension as a non-marital asset because he had already given Carrie what amounted to more than her share. In Jack's eyes he had already given more than he would have been ordered to give by any divorce court.

Perhaps the greatest thing to keep in mind regarding a scenario where you and your spouse separate all your assets and debts and live completely separate but you do not terminate your marriage legally is this. . . YOU ARE STILL MARRIED!

Can you answer these questions?

1. Can Jack argue that since he and Carrie separated everything at the time they personally terminated their own marital relationship with each other that any asset accumulated after that time is non-marital?

2. If Carrie runs up credit card debt in order to support herself during the time that she is separated from Jack, could a Rhode Island Family Court Judge find the credit card debt to be marital debt?

3. If Carrie builds up an IRA plan during the time she is separated from but still married to Jack, does Jack have a reasonable claim to a part of that IRA plan if he didn't contribute to it?

4. If Carrie has a child during the time she is separated from Jack and there is no name specified as the father of the child on the birth certificate, is it possible that Jack might have to pay child support for that child?

5. Are there any federal laws which trump state law regarding any of these issues and decide the question for us so that the question(s) become a non-issue?

6. Do you see the other eight (8) important legal questions/issues that a skilled divorce lawyer might address with you if you were either Jack or Carrie?

If you do not see the other important legal questions/issues in this scenario, then you either need some professional RI Divorce Coaching or representation by a good Rhode Island Divorce Lawyer.

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!

Consider using the RhodeIslandDivorceCoach.com

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

Experience the Difference!

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

* The Rhode Island Supreme Court licenses all attorneys in the general practice of law. There is no recognition for specialization of attorneys in any area of law.

- - Recommended Websites - -

Posted by Attorney Christopher A. Pearsall on December 29, 2009 at 09:52 PM in After-Acquired Property, Child Placement, Child Support, Differing Family Law Services, Divorce & Adultery, Divorce & Affairs, Divorce & Assets, Divorce & Children, Divorce & Children's Rights, Divorce & Coaching, Divorce & Credit Cards, Divorce & Debt, Divorce & Defenses, Divorce & Marriage, Divorce & Questions, Divorce & Separation, Divorce & Trials, Divorce Consultations, Divorce Hearings and Trials, Divorce Lawyers, Divorce Principles, Divorce Procedure, Divorce Questions, Divorce Settlements, Equitable Distribution, Family Court & Children, Laypeople Acting PRO SE, Marital Assets, Non-Marital Assets, Property Settlement Agreements, Rhode Island Debt, Rhode Island Divorce Coaches, Rhode Island Divorce Coaching, Rhode Island Divorce Laws | Permalink | Comments (0) | TrackBack (0)

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December 08, 2009

A Rhode Island Divorce Attorney Serving West Warwick, RI Expands upon The Rhode Island Bar Association's Answer about What to Bring to the First Meeting with your Divorce Attorney!

The following excerpt is a brief question and answer provided on the Rhode Island Bar Association website and previously noted at RhodeIslandDivorceTips.com as part of my expansion article series to give people a more detailed answer to the questions posed on the Rhode Island Bar Association's website regarding divorce:

WHAT DO I NEED FOR THE FIRST VISIT TO MY LAWYER'S OFFICE?
To expedite your case, you should take your marriage certificate, copies of your most recent tax return, a picture of your spouse, a list of your family obligations and a list of questions you have for your lawyer. In addition, you should know the address, both residence and work of your spouse, together with all family members' place and date of birth.

via www.rhodeislanddivorcetips.com quoting ribar.org

Expanding upon the response provided by the Rhode Island Bar Association's Divorce Question, I prefer not make any assumptions.

A prospective Rhode Island family court litigant needs to be aware that there is a difference between your first visit to a lawyer's office (meaning you have not engaged the divorce lawyer's services yet) and your first visit to your lawyer's office (meaning a lawyer who you have already engaged to represent you.)

As a Rhode Island Divorce and Family law practitioner, I believe the answers to these questions are completely different.

For our purposes, the question on the Rhode Island Bar Association's website says "my lawyer" so let's address the first visit to a divorce attorney that you have already engaged to represent you in court in a divorce case in the Rhode Island Family Court system.

What you need for your first visit to your lawyer's office will differ depending upon your lawyer's philosophy, work practice, and how he or she organizes his or her law practice. Since divorce lawyers differ as much as one house does from the next, your first priority should be to ask your lawyer what you should bring to your first meeting.

If your lawyer has a secretary or paralegal that he or she works closely with, it is a good idea to find out the person's name, gender and title. This contact is likely to be very valuable to you in the future. In fact, even if your attorney has told you what to bring to your first meeting, it is a good idea to make a brief call to this contact person and has him or her what should be brought to the meeting to speed things up.

Many busy attorneys tend to focus on legal issues and may forget a document or two, in many instances a secretary or paralegal working with your divorce attorney will have more of a focus on the documents and may remember one or two that the attorney didn't mention. This quick call to your divorce attorney's support staff could save you considerable time and money simply by having a second person tell you what documents you should bring. Always bring what your attorney requests. Also bring with you the documents the secretary or paralegal recommends as well.

Personally, I have never requested the picture of the spouse and have never had need for it, even when service of process upon the spouse has been a bit more difficult.

A certified copy of your Marriage Certificate is needed to file for divorce and you must have a DR-6 Statement of Financial Assets and Liabilities completed and signed under oath as well as a check for $100 made payable to the Rhode Island Family Court if you have not arranged for the payment of the State of Rhode Island's $100 divorce filing fee with your attorney in advance.

A list of questions for your attorney is always advisable. I recommend providing your Rhode Island Divorce attorney with a summary of all the assets and debts you and your wife have accumulated over the years.

It will help any divorce attorney immensely and save you money if you make an itemized list of each asset you and your spouse have, identify how was obtained, list who obtained it, give its approximate value and how you arrived at that value and lastly, if there are any names associated with the ownership of the item (i.e. such as names on a house deed, or names on stock certificates or a retirement plan).

It will also be a tremendous help to your divorce lawyer if you prepare a similar outline for each debt that has accumulated during your marriage. For each debt it is helpful to any divorce attorney if you identify what the debt is (i.e. house mortgages, personal loans, credit cards, student loans, etc. . ) the amount of the debt, what the monies or charges were used for, when they were used and whose name is on the debt as an obligor.

Aside from the foregoing, it is best to take direction from and follow the requests of your Rhode Island Divorce Attorney and his or her staff and always be prepared to openly express your concerns to your divorce attorney.

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!

Consider using the RhodeIslandDivorceCoach.com

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

Experience the Difference!

- - Recommended Websites - -

Posted by Attorney Christopher A. Pearsall on December 08, 2009 at 06:25 PM in Attorney Tactics, Billing Issues, Differing Family Law Services, Divorce & 401Ks, Divorce & Assets, Divorce & Coaching, Divorce & Credit Cards, Divorce & Debt, Divorce & IRAs, Divorce & Questions, Divorce Consultations, Divorce Lawyers, Divorce Lawyers & Practice Philosophies, Divorce Principles, Divorce Procedure, Divorce Questions, Equitable Distribution, Marital Assets, Marital Home, Marital Settlement Agreements, Non-Marital Assets, Pre-Marital Assets, Property Settlement Agreements, RI Divorce & Real Estate | Permalink | Comments (0) | TrackBack (0)

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October 09, 2009

The Power of Rhode Island Divorce Coaching: Bridget's Final Judgment of Divorce

Few things are as helpful to Rhode Island Divorce Coaching clients as a good story.

In Bridget's case, it wasn't until Bridge received some Post Divorce Coaching that Bridget discovered that all lawyers are not equally skilled or knowledgeable and that with a little bit of valuable coaching information from an experienced Rhode Island divorce lawyer she was able to accomplish on her own for only $200 what her divorce lawyer had failed to do after being paid more than $5,000.

Though Bridget's Rhode Island divorce story may well be a matter of public record, the names have been changed to preserve her privacy and peace of mind as well as to protect any existing confidentiality through attorney/client privilege that may exist.

Bridget's divorce was finalized about 1 ½ years ago. Bridget's husband had been arrested during the divorce proceeding on some rather serious drug charges and was sentenced to a period of incarceration.

Click Here to Read about Bridget's Post-Judgment Divorce Issues

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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

Find out the Tremendous Benefits You Receive by

Participate in Family Law Coaching Sessions!

Go to RhodeIslandDivorceCoach.com

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

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.

- - Recommended Websites - -

Posted by Attorney Christopher A. Pearsall on October 09, 2009 at 08:11 PM in Affordable Legal Advice, Differing Family Law Services, Divorce & Affordable Help, Divorce & Attorneys Fees, Divorce & Coaching, Divorce & Court Orders, Divorce Lawyers, Divorce Principles, Divorce Questions, Divorce Settlements, Marital Home, Marital Settlement Agreements, Property Settlement Agreements, Rhode Island Divorce Coaches, Rhode Island Divorce Coaching, Rhode Island Divorce Laws, RI Divorce & Real Estate | Permalink | Comments (0) | TrackBack (0)

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October 07, 2009

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

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,

RI Common Law Marriage Article (con't) - Click Here

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.

- - Recommended Websites - -

Posted by Attorney Christopher A. Pearsall on October 07, 2009 at 10:41 PM in Affordable Legal Advice, Attorney Morality & Integrity, Common Law Marriage, Coping with Divorce, Differing Family Law Services, Divorce & Affordable Help, Divorce & Attorneys Fees, Divorce & Coaching, Divorce & Controversial, Divorce & Defenses, Divorce & Evidence, Divorce & Marriage, Divorce & Trials, Divorce & Your State of Mind, Divorce Attorney Fees & Costs, Divorce Costs & Expenses, Divorce Hearings and Trials, Divorce Lawyers, Divorce Lawyers & Practice Philosophies, Divorce Principles, Divorce Questions, Laypeople Acting PRO SE, Low Cost Divorce, Retainers, Rhode Island Divorce Coaches, Rhode Island Divorce Coaching, RI Common Law Marriage | Permalink | Comments (0) | TrackBack (0)

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September 17, 2009

The Danger of Rhode Island Child Support Modification Provisions via Marital Settlement Agreements!

Sitting in the Rhode Island Family Courts for many years I have seen Post Divorce issues arise. Few situations are more disturbing than what I call "the private child support modification."

If you've been reading this or any of my other Rhode Island divorce websites, you know that I usually explain by use of examples and analogous situations since nothing seems to teach more strongly than a good story. Since most of the compliments on my websites are the use of these stories, I won't diverge from that here.

* * Milton's Case of the Modified Child Support * *

It was difficult to sit in my seat as the judge rendered the decision. It was most certainly a decision that made Milton cringe as his ex-wife MaryLou laughed at him gleefully. Milton would not be able to stop the fact that his ex-wife had deceived him and would now reap extra money from him by putting their Rhode Island Child Support Modification as merely an amendment to their Marital Settlement Agreement.

Let's roll back a bit, as Rhode Island Child Support Lawyers do, I am getting ahead of myself again.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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

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

Copyright 2009. Christopher A. Pearsall, Esquire
A New Rhode Island Divorce Lawyer and Coach for a New Millenium!

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

- - Recommended Websites - -

Posted by Attorney Christopher A. Pearsall on September 17, 2009 at 09:01 PM in Affordable Legal Advice, Attorney Tactics, Child Support, Differing Family Law Services, Divorce & Affordable Help, Divorce & Attorneys Fees, Divorce & Children, Divorce & Children's Rights, Divorce & Coaching, Divorce & Contempt, Divorce & Controversial, Divorce & Men, Divorce & Mothers, Divorce & Motions, Divorce & Questions, Divorce Court, Divorce Hearings and Trials, Divorce Lawyers, Divorce Lawyers & Practice Philosophies, Divorce Principles, Divorce Questions, Divorce Settlements, Marital Settlement Agreements, Property Settlement Agreements, Rhode Island Divorce Coaches, Rhode Island Divorce Coaching, Rhode Island Divorce Laws, Tricky Divorce Issues | Permalink | Comments (0) | TrackBack (0)

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August 11, 2009

You Don't Have to Go it Alone! Get Some Professional Child Support Coaching!

I'm Rhode Island Divorce Lawyer* Christopher Pearsall and once again I'm paving new ground here in Rhode Island.

Like most divorce lawyers here in Rhode Island I started my practice with a brick and mortar law office for my practice. It had the usual amenities, a sufficient law library, a nice office for myself, two other associates and ample space for a legal secretary. It had a roomy conference room and I charged rates to match my skills and my experience. It was in every respect a traditional law practice.

Unlike most attorneys who practice divorce and family law here in Rhode Island, I became somewhat of a maverick. I had ideals about he legal system that proved to be naive and impractical. I learned too many lessons the hard way. Child Support was a dynamic that most attorneys I ran into simply rattled off like it wasn't a big deal and didn't involve any thought. Some divorce and family lawyers continue to do that today.

In fact, today, some divorce and family law attorneys in Rhode Island are more than willing to run the child support calculations by you so fast that you are simply expected to accept their computations as "gospel" and that there is no variation from what they present to you. When this happens, many people who represent themselves (called "Pro Se") are victimized by these self-serving practitioners who are not willing to take the time to insure that the opposing party who represents himself or herself truly understand what the calculations mean and whether they are correct.

Personally, as a Rhode Island Divorce Lawyer I have seen this far to often and it infuriates me. It borders on unethical behavior to say little of a lawyers sense of morality and fair play envisioned by our forefathers. Consider each coaching lesson my effort to help those of you who represent yourselves to do so in a more competent manner, to know your rights, and to prevent you as the Pro Se litigant from being taken advantage of by anyone.

Child Support is a culmination of factors that should be considered. In its simplest form, child support is calculated by adding the gross incomes of the parents of the child or children with the non-placement parent typically paying his percentage of his or her income to the combined income of both parents and then applying that percentage to an amount that a Child Support Task Force has determined is an appropriate an amount the child or children are entitled to based upon the gross income of both parents. when applied to the number of children to be supported as provided by a standard Rhode Island Child Support Guidelines Calculation Chart.

Typically then it could be simplified like this.

The father makes $60,000 per year gross income.

The mother makes $40,000 per year gross income.

Together they make $100,000 in combined income per year with the father making 60% of the total income and the mother making 40% of that total income.

Since the Rhode Island Child Support Guidelines are based upon a monthly income amount, we would take $100,000 and simply divide it by 12 months to get the combined gross monthly income figure for both parents which is $8,333.33 per month.

For the sake of our Rhode Island Child Support Calculations let's assume that there are no deductions that either mother or father may deduct from his or her gross income. Let us also assume there is only one child.

You would then take out your Rhode Island Child Support Guidelines Chart and look up the column for how much support one child is entitled to when the parents make a gross monthly income of $8,333.33.

If you were to look at the RI Child Support Guidelines you would find that according to the Child Support Chart, one child is entitled to $1,1,24 in support from his or her parents each month when the parents make $8,333 working together.

Let's assume that the father is the non-placement parent and that as a result he will be paying child support. The father's child support would be 60% of the total amount the child is entitled to receive for support each month (the $1,124) which calculates out to $674.40 in child support to be paid by the father on a monthly basis.

To determine the father's weekly child support amount you would divide the $674.40 by 4.33 weeks in a month which will give you the monthly child support payment. This would be a child support payment of which results in a weekly payment of $155.75.

Keep in mind, this is the most BASIC formula for calculating child support. Factors often will vary depending upon types of deductions available, other children from a prior or subsequent marriage, the number of children, the payment of insurances for the benefit of the child, the nature of the child or children (handicapped, substantially ill, etc..), any prior child support orders, the nature of the parent's income and its provability such as self-employment income versus employer paid compensation and in some instances a new spouse's income, among other things.

Hopefully, you get the gist of things from the prior paragraphs. Child support can involve a multitude of variable factors on a case by case basis. It's not as cut and dry as many people would have you believe. Many aspects of child support are arguable on a case by case basis. Are you sure you know all the things you should argue to get the best deal?

There are a substantial variety of considerations that can and sometimes SHOULD be made for a correct computation both for the benefit of the parents as well as for the children involved.

Information is your best ally in these situations. It is very easy for you to be taken advantage of and to misunderstand these calculations if you do not calculate them on a daily basis as divorce attorneys do year after year then it is it easy for Pro Se individuals to needlessly be taken advantage of.

While I could never outline every variation of circumstance that could occur to everyone, it is my sincere hope that if you do not take me up on my coaching services that you at least review the various articles I have published regarding child support in the hope that you will be more informed about how child support is calculated and the factors that go into the process.

There is certainly no guarantee that my informational articles will help guide you in your situation, you may find them of use to better be aware of the dangers and the process generally.

Do you need to get a better grasp on your child support case and your best arguments?

Call me for a coaching session now and target your Child Support Arguments so they are specific to your case and let's make sure you are aware of your legal rights and options!

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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

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

Copyright 2009. Christopher A. Pearsall, Esquire
A New Rhode Island Divorce Lawyer and Coach for a New Millenium!

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

- - Recommended Websites - -

Posted by Attorney Christopher A. Pearsall on August 11, 2009 at 09:06 PM in Affordable Legal Advice, Child Support, Differing Family Law Services, Divorce & Affordable Help, Divorce & Children, Divorce & Coaching, Divorce & Controversial, Divorce & Men, Divorce & Mothers, Divorce & Women, Divorce Costs & Expenses, Divorce Forms, Family Court & Children, Laypeople Acting PRO SE, Low Cost Divorce, Rhode Island Divorce Coaches, Rhode Island Divorce Coaching | Permalink | Comments (0) | TrackBack (0)

August 03, 2009

Rhode Island Divorce Coaching - Knowing Your Rights and Saving Yourself Money Just Makes Sense!

If you have never heard of Rhode Island Divorce Coaching that's completely understandable.

I'm the founder of this new innovation in Rhode Island family law practice and I tell you that I doubt I've been more excited about any other professional development in my entire career.

Why am I excited?

After more than two decades in the legal field and considerable thought about how I can more effectively help people as a divorce and family law lawyer, I have no doubt that I have found my way to making a difference in the world that has been too long in coming.

Rhode Island Divorce Coaching is a term that is well-suited to this new concept in domestic law practice. I specifically designed this method of practice to save Rhode Island Family Court participants both time and money.

Aren't these are two things just about everyone could use more of these days?

Absolutely!

This new divorce and family law practice concept is also designed to help assist the Rhode Island family court system to handle its daily court calendars by preventing the delay and bottlenecking caused by individuals who attempt to represent themselves (pro se) and are unfamiliar with the family court process by educating those people.

I learned long ago that for any idea is to be successful, there must be a "need" and a "solution that meets that need."

* * THREE FUNDAMENTAL FACTORS * *

The need for Rhode Island Divorce Coaching is based upon three (3) fundamental factors.

1) The Rhode Island Family Courts have a limited number of judges who struggle to handle an overflowing number of cases on a daily basis.

2) People who represent themselves typically do not know Rhode Island family law or procedure and take up extended court time trying to represent themselves because they don't know what they are doing. This bogs down the flow of court cases and hurts the entire system through inefficiency.

3) Lastly, not everyone can afford to hire an attorney to represent him or her in family court.

* * THE NEED THAT CRIES OUT FOR A SOLUTION * *

These three factors create the substantial need for a solution that,

(1) Minimizes the strain placed upon the already overburdened Rhode Island Family Courts,

(2) Prevents people who represent themselves from bogging down the court system through lack of knowledge,

(3) Affords those who cannot afford to hire a "Rhode Island courtroom attorney" the opportunity to become informed about their legal rights and learn how they might best proceed to help themselves and the courts.

* * RHODE ISLAND DIVORCE COACHING IS . . . THE SOLUTION * *

Rhode Island Divorce Coaching provides the solution to this ever-growing need by offering a service never offered by Rhode Island Family Law Lawyers.

The concept of "coaching" is far from new. Almost every sports team has one or more coaches. These coaches are generally people who have already "played the game" and by their education, knowledge or personal experience have gained skills about the game that makes their coaching advice worthy of being followed by the athlete's they teach and train.

Athletes like to win at different levels. Some athletes want to be the best athlete in high school to get a scholarship. Some athletes want to be the best at college football to have a chance to get drafted by the NFL. Other athletes want to reach the Olympics. To achieve these things athletes would hire experienced and even professional coaches depending upon their level of commitment and particularly what they can afford.

For any game to run smoothly, the player's need to know the fundamentals, the player's need to avoid running over referees or fighting with umpires, and the player's need to learn the rules and strategies of their game. . . all from their coach. It is only by increasing their knowledge, skill and experience by applying advice they receive from their coach that players do better and the game runs smoothly.

Certainly, matters before the Rhode Island Family Courts are not games. The outcome of every case has impact on the lives of everyone involved in the case. Yet the principles that apply to a game situation can be reasonably applied to family court matters by way of analogy.

As an experienced Rhode Island Divorce Lawyer, I have had the opportunity to appear in the family courts for many years, handling motions, conferences and trials, etc. . . I saw the need. People who represented themselves needed affordable access to the fundamentals of family court education and legal advice. Today I'm filling that need as a Rhode Island Divorce and Family Law Coach.

* * SO WHAT HAS CHANGED? * *

As a coach, I educate and teach my clients how the specific legal game they are in is played. I teach the client about his or her legal rights. As a client I coach you how to prepare court forms, necessary procedures, and possible strategies you will want to consider.

* * WHAT DOES THIS DO? * *

This shifts my role as the player in the game itself, to being the coach for the person who represents himself or herself before the court because there isn't enough money to pay a $2,500 retainer upfront and $250 per hour.

Instead, a person hires me for a single coaching session or for as many sessions as the client needs me. There is no upfront retainer. My Rhode Island Divorce Coaching concept eliminates the immediate financial drain on the client. Additionally, because divorce coaching eliminates my need to go to court for the client, the cost to the client is tremendously reduced. The person pays for my session time when we meet and that is it. The person is my client and our sessions are confidential and covered by the attorney-client privilege. The client then schedules one or more sessions for additional coaching if and when he or she needs further assistance, all at the client's discretion.

By coaching the client, I educate him or her so that it lessens any strain on the court system when the client goes to court because the client is now more informed and has the information necessary to address the matter in a proper and efficient manner. This helps the client to make sure that his or her case does not bog down the court's calendar because he or she is better prepared to address the case before the court.

By shifting from a Rhode Island Family court practice in the courtroom to a Rhode Island Divorce Coaching practice in the conference room, I provide the ability for more more people to gain affordable access to their legal rights and how they should proceed. The shift to Divorce Coaching helps the client and assists the Rhode Island Family Courts by educating people who simply can't afford to hire an attorney to represent themselves in court.

Though it may sound cliche', I became a lawyer to help people. The only ingredient this new shift required on my part was a small tradeoff. Today I have substantially less income in exchange for substantially more time with my wife, my daughter and my grandchildren. All in all, it's a win-win-win proposition for the client, the court and for me!

You can be part of this winning new family law practice concept and it would be my privilege to help you.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce Lawyer is Now
Rhode Island's Only Full-Time Divorce Coach!!

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Copyright 2009. Christopher A. Pearsall, Esquire
A New Rhode Island Divorce Lawyer and Coach for a New Millenium!

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Posted by Attorney Christopher A. Pearsall on August 03, 2009 at 06:35 PM in Affordable Legal Advice, Attorney Tactics, Differing Family Law Services, Divorce & Affordable Help, Divorce & Attorneys Fees, Divorce & Coaching, Divorce & Defenses, Divorce & Motions, Divorce & Pre-Trials, Divorce & Questions, Divorce & Trials, Divorce Consultations, Divorce Court, Divorce Hearings and Trials, Divorce Lawyers, Divorce Lawyers & Practice Philosophies, Divorce Principles, Divorce Procedure, Divorce Questions, Divorce Settlements, Hourly Rates, Laypeople Acting PRO SE, Marital Settlement Agreements, Property Settlement Agreements, Retainers, Rhode Island Divorce Coaches, Rhode Island Divorce Coaching, Uncontested Divorces in Rhode Island | Permalink | Comments (0) | TrackBack (0)

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June 01, 2009

Modifying Physical Placement of Your Teenager is just a Coach Call Away!

As a Rhode Island Divorce Lawyer I think I shocked one gentleman last week. Generally speaking I was contacted by a father who had discussed with his ex-wife that their daughter (Age 16) wanted to go and live with her father for the next couple of years.

Both the father and the mother agreed that if that is what the daughter wanted to do, that they were both agreeable to doing that. However, they wanted to do it correctly and legally so that placement and child support were both addressed.

There was a pause as the man asked me how much it would cost if I were to handle this for him. I explained to him that I could not quote him a price until I had a paid consultation with him to take at least 30 to 40 minutes to ask him all the pertinent questions, evaluate what needed to be done and properly advise him as the client of all legal ramifications of what he wanted done and explain how best to accomplish what he wanted done. The man was annoyed that I would not provide him with a quote over the phone, but frankly speaking, no professional worth his or her salt will just throw out a price over the phone without a thorough consultation unless they are either desperate or inexperienced.

However, when the man asked me about my "Coaching service" and whether that would be an option. I explained to the man that I could tell him that if he had something specific in mind to accomplish a particular task, that I could advise him if his method is correct, give him specific coaching as to how to accomplish the task he was trying to do in the family court, and let him know what his rights were with regard to trying to make the changes before the Rhode Island family court. I explained to him that I provide a 1 hour minimum coaching session on each day and that the cost is $100 for that first hour. Thereafter, the cost would be $25 for each 1/4th of an hour after that until he decided that he had received enough coaching or until I determined no other coaching was necessary.

The man asked if I could give him an indication as to whether I might know if it would be less expensive to have full consultation and then perform whatever work was necessary, or if he participated in my Divorce and Family Law Coaching Sessions.

I recommended that this gentlemen participate in my Coaching process beacuse it was likely to take only 2 hours of coaching and would certainly cost less than 50% of what it might cost if he were to engage my services to perform the task myself.

The man was perplexed. A few minutes later I was perplexed.

MAN: Wouldn't that mean that you would make less money if I take your coaching as opposed to hiring you?

ATTORNEY PEARSALL: Yes.

MAN: But you won't give me the quote for doing the work yourself?

ATTORNEY PEARSALL: It's not that simple. The two services aren't comparable. They are different services and I am compensated differently for each because one is at a fixed rate and the other one is not.

MAN: But my point is that you're encouraging me to a coaching service that makes you less money, right?

ATTORNEY PEARSALL: [. . pausing somewhat . . ] Yes, but I'm not sure what your point is.

MAN: Thank you for your time.

ATTORNEY PEARSALL: Would you like to set up either a consultation or a coaching session?

MAN: Not right now but I'll think about it.

ATTORNEY PEARSALL: Before we end our conversation, do you mind if I ask you why I sense so much skepticism from you.

MAN: Well, I just don't believe that any attorney would try to save a person money like that. If you can coach someone for that amount then it must be pretty easy to do so you should be able to do it for me for that amount so either I should get an attorney who will do this for a few hundred dollars or I should be able to do it on my own.

ATTORNEY PEARSALL: Well, thank you for your time. My best of luck to you.

This is perhaps one of the most perplexing thought patterns that people harbor today based upon the public's preconceived notion that every attorney is some fat cat trying to make as much money as possible off each person that comes in their door. Therefore, when a good-hearted family law attorney tries to better the legal profession and help people in a new and innovative way, it is presumed that the attorney must have an ulterior motive.

It's strange. As lawyers, many people seem to believe that we are all crooked, greedy and overpaid despite the years of study it takes to achieve our legal doctorate. Yet even lawyers like myself who are willing to provide alternate services and accept much less for our services and skills than the market provides, are stigmatized by that misconceived general public perception that we are lying greedy and overpaid.

This misplaced generalization only serves to hurt good attorneys and the consumers they are trying to help.

Modifying placement of a teenage child is a matter that is subject to legal coaching. It is not so excessive so that it cannot be done by a person who represents himself or herself and receives proper coaching. It is therefore possible, economical, and best of all it is just a coaching call away.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Call (401) 632-6976 Now to Schedule
Your Rhode Island Divorce Coaching Session!

Rhode Island's Full-Time Divorce Lawyer is Now
Rhode Island's Full-Time Divorce Coach!!

Copyright 2009. Christopher A. Pearsall, Esquire
A New Rhode Island Divorce Lawyer for a New Millenium!

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

Posted by Attorney Christopher A. Pearsall on June 01, 2009 at 07:36 PM in Affordable Legal Advice, Attorney Ethics, Attorney Morality & Integrity, Attorney Tactics, Differing Family Law Services, Divorce & Children, Divorce & Controversial, Divorce & Fathers, Divorce & Your State of Mind, Divorce Attorney Fees & Costs, Divorce Consultations, Divorce Costs & Expenses, Divorce Lawyers, Divorce Lawyers & Practice Philosophies, Divorce Principles, Divorce Procedure, Divorce Questions, Hourly Rates, Placement, Rhode Island Divorce Coaches, Rhode Island Divorce Coaching | Permalink | Comments (0) | TrackBack (0)

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