Rhode Island Divorce Tips by Attorney Chris Pearsall

Smitty and Mildred's Uncontested RI Divorce cost Mildred More than $0!

Smitty Jacobowitz convinced his wife Mildred that since they were getting an amicable uncontested divorce that they didn't need to bother with a lawyer and they could save a bundle in divorce lawyer fees.

Mildred went along with it because they didn't have much money.  Mildred and even Smitty were thinking they had nothing to lose except money paid to a lawyer.

They both filled out the paperwork and Smitty filed the Rhode Island divorce paperwork as the plaintiff.  Smitty served his wife properly.  They talked about what they each wanted and agreed what Smitty would ask for from the court.  The only thing Mildred wanted to be sure of was that Smitty made sure she had health insurance because she had a pre-existing condition.  Smitty agreed.

Smitty wanted to get things right so he even took a week off from work just before the hearing date.  Smitty sat in court and watched uncontested Rhode Island divorce hearings over and over again for three (3) days.

Smitty wrote out a script and went through their Nominal Divorce Hearing (aka uncontested divorce hearing) without much difficulty and asked that he be required to keep Mildred on his insurance pursuant to the Rhode Island Health Insurance Continuation Act.  That was the wording used in every single divorce proceeding he watched so he determined that it must be correct.

The judge let a few things slide and Smitty and Mildred made it through their nominal divorce hearing and the divorce was granted.

Smitty figured out how to draft and submit the Interlocutory Decision Pending Entry of Final Judgment after the 2nd rejection by the clerk's office and everything seemed fine.

Smitty and Mildred were pleased.

Smitty prepared and submitted their Final Judgment of Divorce which was entered 3 1/2 months after the hearing date.  

Smitty and Mildred were now happily divorced.  That lasted about 2 weeks.

Two weeks after the Final Judgment entered Mildred received a letter from Smitty's employer telling her that she was being discontinued from Smitty's health insurance plan effective in two weeks.

Mildred called Smitty and asked him what was going on.  He said he'd check on this letter she received.  Smitty found out from his employer that he had no choice. He was told that since Mildred was now his "ex-wife" she was no longer going to be covered under the company's health insurance plan.

Smitty went over to see Mildred at her apartment.  Smitty broke the news to her that he didn't have a choice and he was very sorry.

Mildred was crying because she had a major pre-existing condition and she had already checked on health insurance before their divorce.  Mildred already knew no company would insure her, or if she found one the premium would be so outrageous that she wouldn't be able to survive.  She had counted on Smitty's company health insurance.

Mildred went to see lawyers about what she could do but because she had represented herself and had a chance to get legal advice and assistance before and during the divorce there was very little she could do.  She was stuck.

Mildred demanded that Smitty make this right and provide her the health insurance they had talked about.  Smitty hunted around, but Mildred was right.  No company would insure Mildred except one.  The one company that would offer Mildred health insurance cost would cost Smitty just about 2 paychecks per month.  He couldn't do it and still survive and pay his bills.  He told Mildred it wasn't possible.  

Mildred and Smitty became mortal enemies.  They no longer talked or were friendly with each other.  Mildred looked for state and federal health insurance programs to help her but they just weren't available.

Nine years after the divorce Mildred was barely surviving and paying everything she made to be able to buy and take her medicine half as much as had been required.  Ten years after their divorce Mildred became sick and died.  Smitty was at the funeral and scorned by many of the morners who felt he was to blame.  Smitty quickly left and went back to his car where he spent the rest of the night crying and blaming himself for her death all because he didn't want to pay for the help of a divorce lawyer.

All of this could have been solved if Mildred or even Smitty had sought some  legal advice or coaching about the divorce process and the health insurance issue.  It is entirely possible that this could have been avoided for as little as one coaching session at a cost of $145.00 for a one hour session with me.

Smitty and Mildren saved the money.  Was it worth it?

I hope this helps many people to think twice.  Believe it or not, sometimes we as Rhode Island lawyers actually save lives by what we do.

My Very Best to All Who Go Before the Rhode Island Family Court,

I'm Attorney Christopher A. Pearsall and
I am "The Rhode Island Divorce Coach."

Give me a call to set up your Coaching or Advice Session at (401) 632-6976.

Uncontested RI Divorce Lawyers - Your Own Pro Se Mistakes in Your Divorce!

When you are your own Rhode Island divorce lawyer you represent yourself and you have the opportunity to make your own mistakes.

This is the unfortunate part of representing yourself Pro Se.  So that my message isn't misunderstood, let me be clearer than I have perhaps been in the past.  Rhode Island divorces aren't always simple or easy even if they are uncontested or when you "think" they are uncontested.

Some Rhode Island divorces that are uncontested can be made easier and simpler.  Keep in mind that this is NOT always the case.  Many times it is much more involved than people think.

If you are going to do things yourself and someone has convinced you that it is easy, simple, uncomplicated, etc... to handle your own divorce then let me be clear with the part they have left out.  It is just as easy, simple, and uncomplicated to make a ton of mistakes as well.

What's the big deal right?  I mean, if it's your divorce then if you screw it up then it was your divorce to screw up and you learn by your mistakes, right?  WRONG!  If you screw up in the wrong way, or on the wrong day, or with the wrong judge then you may have blown your one chance to get your divorce done right without costing you and your spouse more aggravation, time in court, time out of work, travel time, travel expense, traffic aggravation, parking expenses, etc. . .  

One thing that divorce litigants need to realize is that it's not just your divorce or your spouse's divorce, it is the court's divorce too.  While you can screw up your own life and your own time, you don't have the right to screw up the court's time or the court's schedule by not knowing what you are doing or by making mistakes.  

Do not believe for one minute that the courtroom is the place where you should expect to learn by your mistakes.  New lawyers may do it, but it's at a heavy cost because it reflects on their reputation and capability.  Plus the lawyers may be sued for learning by their mistakes in court if the mistake is significant enough.

Yes, uncontested divorces may be made easier at times for the parties.  Yes, uncontested rhode island divorces may be made simpler by a good coaching attorney.

Do not believe that there is "nothing to it" as I heard one man say as he sat next to me.  Ten minutes later he had botched up his divorce so badly and was told by the judge not to come back into court until he had a lawyer.

If you undertake doing your own divorce, you have to take responsibility for your own mistakes and the consequences that go with them.

I am an advocate of people representing themselves in simpler uncontested Rhode Island divorces but not without coaching from a competent, experienced, licensed Rhode Island lawyer.  

While the rate of people representing themselves in their own Rhode Island Divorces has risen astronomically with the poor economy I believe that my message has been lost in the wind.  How do I know this?  Well, when I end up spending more time fixing botched up Pro Se divorce cases than I do coaching people on how to do things right, then either my message has been lost or someone out there is telling people that it's just easy to represent yourself in a divorce without any coaching from a lawyer at all.

If you are going to represent yourself, remember that you have to take full responsibility for the consequences of screwing it up too...and frankly some consequences are greater than others.

My Best to All Who Go Before the Rhode Island Family Courts,

I am Attorney Christopher A. Pearsall and I am

The Rhode Island Divorce Coach.

 

Affordable RI Divorces are The Future of Rhode Island as Today's Poor Economy Lends a Helping Hand!

If a Rhode Island divorce is in your future, wouldn't you rather be an economical one?  Of course, it only makes common sense.

Why not do it yourself?  Don't think you can?  Hogwash!  It's possible.  

Is it possible in EVERY case?  No, it isn't.  Some divorces require a divorce lawyer's expertise and representation.  This could be for any number of reasons.  It could relate to issues regarding the children, the assets, the debts or perhaps the attitudes of the parties.  Yet wouldn't it make sense to know if your case requires representation or not?

The vast majority of uncontested Rhode Island divorces can be handled by the parties themselves with just a little coaching.

So how do you find out?  

Give me a call and set up an affordable Rhode Island Divorce Coaching Session. 

Is it free?  No, it isn't. It's a session I've been offering for almost 4 years as of the writing of this article and it has been a tremendous success.

Why?

All you need to do is look at both the Rhode Island and the National economy.  Our country is hurting.  Friends and colleagues all over the state and the country are losing their jobs or closing their businesses.  Unemployment is rising out of control.  The US Dollar is losing value.  President O'Bama is trying to extend unemployment payment periods again and again and again to keep families alive.  Landmark businesses that have been around for over 100 years are closing their doors forever. Families are falling apart due to major financial stresses.  This is not my opinion.  I see it on the news.  It's in our newspapers.  It's all over the internet.  It's a national condition that is so great that it can't be hidden.

People like you need affordable alternatives in divorce situations.  People like you don't just WANT it!  They NEED it!  So here I am as a Rhode Island lawyer presenting an innovative concept that works and it's an AFFORDABLE way to get through a Rhode Island Divorce.

My alternative is called Rhode Island Divorce Coaching.

Does this sound bad to you?  I developed a program that helps families get from the beginning to the end of their divorce affordably, the family unit is usually kept intact, and you spend a small amount of money at intervals that meet your budget, learn something new and achieve something you can be proud of.  

The Rhode Island Divorce Coaching concept is intended for substantially uncontested divorces and works best with spouses who do not want to literally kill each other and can still communicate with each other.  This program has helped countless people.  It has helped the Rhode Island Family Court by making sure people aren't going into court wasting the court's time because they don't know what the heck they are supposed to do or without having thought through the important aspects of their divorce.  Best of all it has helped keep the family unit intact, especially for the children.

In truth, I have not enjoyed Rhode Island Divorce and Family Law practice.  I get to see the worst of too many people, especially when a bitter divorce spirals out of control.  If you've ever worked at something that you hate doing, you know that it certainly isn't enjoyable to spend most of your day doing something that doesn't particularly make you happy. 

Rhode Island Divorce Coaching has brought a change to my practice.  In the last 3 1/2+ years I have received 100 times more testimonials and thank you cards from divorce coaching clients than I have from clients I represent.  The fact is that representation usually means a client sees himself or herself headed for conflict in their divorce proceeding but divorce coaching clients are usually looking at a smooth and amicable divorce proceeding in comparison.  

Let's just say that now I make much less money but the testimonials, thank you cards, and pictures of my client's children at Christmas make all the difference and they are worth more than any amount of money they could pay me for my services.

Consider it!  A little education, a little investment in your future and the likelihood that you are going to avoid the anxiety and stress that goes with divorce full of conflict.  That doesn't sound so bad now does it?

I'm The Rhode Island Divorce Coach and I'm here to help.

My Best Wishes to All for a Joyous and Safe Holiday Season!

Uncontested Rhode Island Divorces - More People Try to Represent Themselves but It's Getting More Difficult!

More and more Rhode Island divorces are being filed by people trying to represent themselves ("Pro Se") to save money.  But if the truth be told it's getting harder than ever to do so.  Here are just three (3) reasons why representing yourself in an uncontested divorce is getting harder.

1)  One Rhode Island Divorce Hurdle - Disclosing your finances in a divorce is no longer accomplished by a quickly filed Statement of Assets and Liabilities which was once made up of the front and back of one sheet of paper.  Now the form has to be on Green paper.  Yes, it must be on green paper or it will be rejected.  Why?  I have no idea.  I have asked clerks, assistant clerks, and even one member of what I have understood to be the committee or commission set up to recreate this very old form in the Rhode Island divorce practice why it is now green.  So far no one has an answer for me.  Perhaps it's to make it more easily locatable by the judges and court personell?  Maybe it has to be on green paper because it relates to money matters and when we think of money we think of green.

Whatever the reason, the idea is that it can be downloaded from the internet and filled in using the Microsoft Excel program and it will perform automatic calculations for you.  But here's the catch to using this great online tool.  First, it's now nine (9) pages long.  Now, if you happen to have 9 pages of mint green paper laying around your house to print out your DR-6 Statement of Assets and Liabilities then good for you.  But short of buying a whole ream of paper at Staples when you only need 9 papers of the stuff, you're probably going to buy a bunch of green paper you don't need only to go through the frustation of filling out the less than clear form which I noted has some calculation and clarification issues that upon my inquiry the committee has no intention of addressing.  For those people who have any amount of assets, the form can be both confusing and time-consuming.  

2) The Second Rhode Island Divorce Hurdle - No more handwriting your documents.  I noted that a few of the Rhode Island Family Court Clerk's windows still had signs up showing that documents had to be legibly handwritten or they must be typed.  You should disregard the signs because the powers that be in the Providence Family Court have informed me that handwritten divorce packets will not be accepted.  That is not to say that no handwritten documents will be accepted at all, but don't plan on handwriting everything.  So folks, typing is no longer optional.  So plan on typing your Rhode Island divorce documents.  You can do it yourself via some good typing skills from school or typing it via the hunt and peck method of typing or perhaps even paying someone else to type it.

3) The Third Rhode Island Divorce Hurdle - This hurdle isn't as new as the others.  Yet if you are intending to represent yourself in your Rhode Island divorce, then you better plan on it.  The Judges in family court are not there to counsel you.  They are not there to lead you through the divorce proceeding.  They are not there to ask you the questions that give them the right answers so they can hear what they need to hear.  They have a responsibility to hear your case.  However, you and your spouse have the obligation of presenting your case in the manner in which it is expected to be presented as if you went to law school and knew what you were doing.  I know of a few judges who occasionally do help people through their divorce by asking a few questions.  Sometimes those questions are just the bare basics.  Many times people DO NOT realize that even though the judge may be helping them, those questions most likely do not cover everything in your relationship, your divorce, your children, your assets, your debts, your possessions, your former name, your healthcare, etc...  So what happens if something isn't addressed?  I can't tell you because everyone's case is different... but the truth is that if something important isn't addressed then all hell is likely to be unleashed later.

Know what to say at your own divorce hearing.  

Know the questions you should have thought over and have the answers to.  

Know if your answers are acceptable to the court, BEFORE you go into court.  

Know what you and your spouse agree to.  

Ultimately, if you are going to represent yourself, DO NOT expect on the JUDGE to do it for you!  

Remember, the Rhode Island Family Court judge is NOT your divorce attorney.  The judge's job is not to protect your interests or your spouse's interests.  

So, if things fall apart now or in the future, remember that you can't go back and blame the court.  

2011 was a unique year for my Rhode Island divorce focused law practice.  About 24 percent of all the cases I handled were spent fixing issues that people representing themselves.  Keep in mind that I'm a lawyer who advocates people representing themselves if they are willing to do it right and get just a little bit of coaching.

In the end, in several cases where I had to play "Mr. Fix It", it cost the people more money for me to fix the issues than it would have cost if they had just called me and had just a little bit of coaching to get through their divorce properly.  It really is true that an ounce of prevention is worth more than a pound of cure.

Divorces are part of life... YOUR LIFE!  They are important.  If you have assets, debts, real estate, children, . . . . just ONE of these factors is worth getting some coaching to get you through the divorce correctly.

If you can't find a way to pay $135 for some coaching to get through your divorce properly then you should re-think getting any legal help because that is peanuts compared to what it costs for representation by an experienced Rhode Island lawyer who knows his and/or her way around the family court.

I'm here to help you.  I'm here to guide you through, over, around and under the hurdles if need be.  I live, eat and breathe divorce in the Rhode Island family court system.  It is my entire Rhode Island law practice.   I want to help people have more uncontested divorces because it helps the parties, it helps the children, it helps the courts, and it helps our society as a whole.  

In the end, I may get to pay part of a bill from what I make on my coaching and that is it.  I don't offer coaching for the money.  I know just as well as any other lawyer that representing clients is where the real money is.  

Yet I still offer Rhode Island Divorce Coaching.  Why?  I don't do it for the money.  I do it for the PEOPLE!  I do it for YOU!  Does it sound ridiculous because you think all Rhode Island divorce lawyers just charge too much and they are all there to screw everyone over?  

Think again.  The fact is... sometimes it only takes one person to make a difference and if I happen to be the only one then so be it.  That's okay because I know one person can make a difference.  I'm going to make a difference if it kills me.

Yes, I'm Christopher A. Pearsall.  I'm a Rhode Island attorney focusing my Rhode Island practice exclusively in the area of Rhode Island Divorce.  

I am "The Rhode Island Divorce Coach" and I'm here to help and here to stay!

Happy Holidays to All for a Happy and Safe Holiday Season! 

Rhode Island Divorce Proceedings - For Divorce You'll Need a Computer or Typewriter!

What's new in Rhode Island Divorce proceedings?  

Initial Rhode Island divorce packets must now be typed.  No, this is not a joke.  At first I thought it was a bit extreme because it seemingly limits access to those filing for divorce to those who have a word processor, a typewriter or know how to use one or the other.

So why might this be?  Who writes out their initial divorce packets anyway?  Almost no attorneys do that. It would seem then that this new requirement is directed at those people who try to represent themselves in their own RI divorce.  The term for those who represent themselves if you are not familiar with it is "Pro Se."

Sadly, even in our incredibly advanced technological age there are, in fact, quite a few people in Rhode Island and throughout our whole country who don't have a computer, have never touched a typewriter, and simply don't have any money to pay someone to type it up for them or wouldn't know the first place to look for such a person.

So is this an attempt by our new Rhode Island Chief Judge to eliminate people from representing themselves.  After all, isn't that the conclusion that some people might come to.  I'm sure that depending upon who you asked you would get different answers.  

Most people who represent themselves, Pro Se in their RI divorce would probably give you a resounding "yes."  Most attorneys would probably give you a resounding "no" without any thought about it for fear of being singled out in the family courts for the cases they have before all the RI family court judges.

Personally, I don't believe either our new family court Chief Judge here in Rhode Island is so petty, nor are the judges in Rhode Island.

I, however, have preferred to give this a little more thought.  

While it may seem a bit extreme that only typed documents will be allowed for filing so you can exercise your legal rights, the fact is that some people don't care how they fill out a legal document and they don't care if someone else can read it or not.  If your legal rights are dependent upon the words you use and no one can read them because your handwriting or printing is horrible then what happens to your rights?  You might as well just throw those rights away.  

What if your handwriting or printing can't even be read by the judge?  How can the RI divorce judges be expected to sift through it and try to figure out what you meant?  The fact is, RI judges don't have the luxury of being able to take time to decipher your writing.  They are busy!  At the end of the day many judges are downright exhausted.  Some have pushed themselves to the brink of exhaustion (and their staff with them) because they do want to help the public.  However, they just don't have time to figure out a person's chicken scratch on papers that are so important that they should be able to read them instantly as move from case to case throughout the day.

What if you have poor spelling AND your writing/printing is poor AND you have words scribbled out and arrows to various inserts you want to make, etc...   I mean, how far does the court have to go to try to accommodate people with their handwritten divorce packets.  The more time RI divorce judges have to spend trying to figure out just one person's poorly written divorce packet, the more time other people have to pay for lawyers and take time out of work waiting for their cases to be heard.  Some RI divorce cases might even have to be rescheduled because one person didn't write out his or her divorce packet clearly.

In the end, one poorly written divorce packet may cause a chain reaction that backs up the court even further.  Now if you figure that as many as 4 out of every 10 divorce packets may be handwritten because people can't afford lawyers, the backlog created by handwritten divorce packets can be tremendous.

So now RI Divorce packets are required to be typed.  Is it a huge conspiracy against people who want to represent themselves "Pro Se" in their own Rhode Island divorce proceeding?  I think not.

Courts, whether you agree or not, were always intended as a place of respect for the law and its enforcement.  It is respectful and promotes the judicial economy of time and saves confusion simply to require that a legal document be typed.  If you can't type, then it's worth learning.  If you don't have a word processor and don't know how to use one, then it's worth learning.  If you don't have a typewriter or computer at home with a printer that you can use then find a library or a school in Rhode Island that has them.  Even local stores have them for a small price.  There are plenty of options and no excuses.

I would imagine that you would say that your legal rights are worth respecting, right?  Well, then isn't it just as important to respect the court and the judges who give you a place for your rights to be heard?

In my own humble opinion, typing your Rhode Island divorce documents is a very small amount of respect to extend to the courts and the judges when you want your rights contained in those documents to be respected too.

Happy Holidays and My Best to All in Your RI Divorce and Family Court Matters!

The Rhode Island Divorce Coach, Attorney Christopher A. Pearsall

***********************

Can't afford to hire an attorney to represent you but you still need your divorce documents typed out?

I'll give you one more option so you have no excuses for showing the Rhode Island Family Courts the respect they are due.  Call me for affordable Rhode Island Divorce Coaching and you can get your RI divorce documents typed up properly.  Call Now at (401) 632-6976 and get things done right.