Rhode Island Divorce Tips by Attorney Chris Pearsall

RI Family Lawyers' Tip: RI Family Law and Grounds for Divorce to Discuss with Your Lawyer!

It's important to know that the grounds listed for a Rhode Island Divorce are substantially greater than those listed on the Rhode Island Bar Association website.  

While the Rhode Island Bar Association website introduces you to the concept of irreconcilable differences and tells you to speak with your RI Family Lawyer about other grounds, It is too easy to shift the burden to RI Family Lawyers and leave readers believing that Rhode Island is merely a "no fault" state with a few additional grounds that you might discuss with your RI Family Lawyer if they come up.

Specifically, the Rhode Island General Laws 15-5-2 provides several other important  grounds for divorce in the State of Rhode Island in addition to "irreconcilable differences" which are as follows:

R.I.G.L. 15-5-2 Additional grounds for divorce.

      Divorces from the bond of marriage shall also be decreed for the following causes:

      (1) Impotency;

      (2) Adultery;

      (3) Extreme cruelty;

      (4) Willful desertion for five (5) years of either of the parties, or for willful desertion for a shorter period of time in the discretion of the court;

      (5) Continued drunkenness;

      (6) The habitual, excessive, and intemperate use of opium, morphine, or chloral;

      (7) Neglect and refusal, for the period of at least one year next before the filing of the petition, on the part of the husband to provide necessaries for the subsistence of his wife, the husband being of sufficient ability; and

      (8) Any other gross misbehavior and wickedness, in either of the parties, repugnant to and in violation of the marriage covenant.

These are all grounds that you should discuss with your RI Family Lawyer regarding your divorce if they are applicable to your case.  Keep in mind that your grounds for divorce are likely to affect your divorce proceeding in one or more ways.  Your RI Family Lawyer should take the time to explain to you any consequences of using a particular grounds for divorce that you may qualify for based upon your particular family circumstances.

Don't be afraid to ask your RI Family Lawyer about these grounds and what they mean to your case.  After all, this is your life!  Don't sit on the sidelines and let a divorce happen to you in RI or anywhere else.  This is your life!  You may have a house!  You may have children!  You may have assets!  You may have a broken heart!  You may be in need of healing.  

This is YOUR LIFE!  This is what you have invested your time and energy in.  It's not the time to sit on the sidelines and let any RI Family Lawyer or any RI Family Judge decide what happens to everything in YOUR LIFE!  

Retain control!  Be an adult!  Settle your case reasonably, no matter what the grounds and design a beautiful future for YOUR TOMORROW!

Authored By:

Christopher A. Pearsall, RI Family Lawyer

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The Rhode Island Divorce Coach Answers: Legal Custody . . . will I lose my child?

Here is a quick coaching tip for anyone who has received a Motion to Change or Terminate Legal Custody that will be heard before the Rhode Island Family Courts.

First, if you must represent yourself in the Rhode Island Family Court System regarding this motion, make sure you understand the motion itself.

If the motion says "Legal Custody" and NOT "Physical Custody" or "Placement" then unless the motion uses some other words relating to where the child resides, then it deals with the fundamental right you have as a parent to participate in the decision making process for your biological or legally adopted minor children regarding 'major aspects" of the child's life. 

These "major aspects" of the child's life have generally been held to include (a) medical care, treatment and anything constituting a reasonably important health-related concern, (b) the religious upbringing of the child, (c) the child's education and schooling, (d) nature and form of discipline for the child, and (d) anything of a reasonably substantial nature affecting the general welfare of the child.

Generally speaking, if no order has been previously been issued by Rhode Island or any other state's court, then as long as there is no dispute as to who the biological parents are, a general presumption is often made (as it should be) by most Rhode Island family court judges, that each parent has an equal say as to the major aspects of the child's legal custody. 

When there is disagreement between the parents of the child, then the Court is called upon in a legal custody dispute to hear both sides of the issue and determine what is in the best interests of the minor child.  Note that I did not say that the judge rules in favor of one parent or another.  The court takes a special interest in protecting the minor child and, if necessary, the judge will fashion a remedy is in the best interests of the child based upon the circumstances and the disagreement of the parents.

In short, if "Legal Custody" and not "Physical Custody" or 'Placement" is the issue, the issue is not whether you will lose your child.  The issue will be whether the court will agree with your decision as a legal custodian of your minor child, or whether the judge finds any substantial conditions or circumstances regarding your ability to make proper decisions for your minor child is impaired to such a degree that your right to make decisions for your minor child should be limited or denied entirely.

Generally speaking, it has been my experience in my divorce and family law practice that judges are very hesitant to remove a parent's decision making rights as a legal custodian without substantial just cause.  Ultimately, a good rule of thumb I have followed is this.  If the court gets the impression that you are unable to make good decisions for yourself, its a safe bet that the judge may not believe you can make good decisions for a minor child.

What might constitute just cause to deny your legal custodial rights?  Criminal charges, Alcohol Addiction, Drug Addiction, Domestic Violence, and substantial inability to maintain employment and support your child or participate in your child's life for an extended period of time are just a few.

In the end, know what you are defending against and know what your shortcomings are and how to address them to the court.  Be respectful and present yourself in the best light possible.  If something in your present or your past doesn't make you look good to the court, try to make sure you get the time to explain to the court how it is unrelated to the decisions for your child or how your experience has helped you learn to make better decisions for your child.  An attitude of caring for your child's well-being over your own is always a plus.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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

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Coach, I have to Divorce my Addicted Wife! What can I expect from the Rhode Island Family Court?

Unfortunately the question in the title doesn't say it all.  It's a little too broad but I'll try to tackle major issues just the same.

Addictions come in many forms.  There are alcoholics (alcohol addictions), gambling addictions, prescription drug addictions, and illegal narcotic additions to name the major forms most prevalent in the Rhode Island Family Court System today.

The addiction is unclear in this question by a caller that I received some time ago.  It's fairly general and unfortunately the circumstances dictate what can be expected from the court based upon the type and nature of the addiction.

Let's assume for the sake of this article that we are dealing with the most common addiction I've experienced in the past 10 years as a Rhode Island divorce lawyer, namely alcoholism.

The Rhode Island Family Court has an official policy that recognizes alcoholism as a treatable illness and does not take a prejudicial stance against the alcoholic based upon the alcoholism or the failure either to receive treatment or to succeed at treatment.

Alcoholism and its existence in one spouse in a marriage create an interesting challenge for the family court judges.  Though alcoholism falls under a specific policy of the Rhode Island Family Court System as compared to other addictions which essentially does not penalize the alcoholic spouse simply for being an alcoholic, this is not a "get out of jail free card" so to speak to let the alcoholic off the hook to conduct him or herself in any manner he or she may choose. 

Actually, to the contrary Rhode Island Judges are bound to consider the conduct of the parties during the course of the marriage.  While the alcoholism is considered a treatable illness, this does not excuse any actions of the alcoholic parent which may have caused damage to the marital finances or the marital relationship.  A Rhode Island judge is still bound to consider the actions of the alcoholic spouse in contravention of the marital covenant. 

Thus, if an alcoholic spouse causes severe physical abuse to the other spouse which causes the degradation and ultimate breakdown of the marriage the Rhode Island family court judge may (and should) consider the severity of the conduct of the alcoholic spouse not withstanding his or her ability to get treatment.  In fact, the court's consideration would be reasonable if the spouse acknowledged their alcoholism but refused treatment before the exisence of additional underlying actions by the alcoholic spouse that substantially contributed to the breakdown of the marriage.

It is best to consider that the Rhode Island Family Court judge will give precedence to the policy of the Rhode Island Family court system.  However, it is all too easy to rely on the court's policy and leave it at that.  Whether you have a divorce lawyer or your are acting on your own behalf it is best to keep in mind the destructive effects of addictive behavior on your marriage and the availability of help, counseling or other action by the addictive individual that might have prevented conduct by the addicted spouse that was destructive to the marriage.  There is nothing harmful or improper about calling this content and context to the court's attention in your divorce in order to make an argument for a disproportionate share of the division of the marital assets or a lesser apportionment of the marital debts.

Remember, that while alcoholic addiction is understood as a treatable illness by the court, it does not necessarily excuse the destructive conduct of a spouse who had opportunity to take advantage of treatment for alcoholism before and refused that treatment before all or part of the marriage destroying behavior occurred. 

Ultimately, the court is empowered to consider the conduct of the parties during the course of the parties' marriage.  If an alcoholic refuses available treatment and thereafter engages in behavior that is destructive to the marriage, the policy of the family court that alcoholism is a treatable illness is negated by the known availability of such treatment, the refusal of treatment, followed by the damaging actions to the marriage.  The conduct should then be considered by the court for purposes of apportioning the assets and debts of the marriage.

In the end, unless you keep this in mind and make the argument, the Rhode Island Family Court Judged is likely to take the position of the Rhode Island family court's policy and leave it at that. 

Remember, if you are not your own best advocate, don't expect anyone else to advocate better for you (even if you have a lawyer) after all... who's life is and future is at stake here... yours or your attorneys.

in another article positing I will address the other addictions you and the court might face and how each might me treated in turn.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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

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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.

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Rhode Island Divorce - RI is a Fault Based State with provision for NO Fault Grounds as well!

How does a Rhode Island divorce lawyer who is seemingly competent make the mistake of advising clients and people in general, through writings, articles, press releases or other literature or publications that Rhode Island is a NO FAULT state when it comes to divorce? 

I've seen this on several lawyer's websites and I've seen this on generic legal sites that try to entice you to come to their sites so they can help hook you up with a legal referral service from which I can only presume they receive some kind of kickback or monetary remuneration. 

Yet for heaven's sake, should a lawyer at least get the fundamentals right!  It's no wonder lawyers have a bad name when lawyers go out of their chosen field of expertise and give answers that are incorrect simply because they don't want to lose a client or appear inept.  This becomes a stereotype that is then applied to all lawyers.

Well, let me set the record straight.  Any lawyer, whether they are licensed to practice law in Rhode Island or not, who tells you that Rhode Island is a NO FAULT state when it comes to divorce, simply does not know what they are talking about.  Frankly, if after reading this article you go ahead and hire such a lawyer then you deserve exactly what you get.

This is and should be an easy question for any Rhode Island lawyer who professes to practice before the Rhode Island family courts.  Even if it isn't know off the top of the lawyer's head, he or she should be able to look up the answer in a matter of 60 seconds.

Here's a quick lesson.  A state that is considered a NO FAULT divorce state is one in which divorces are not granted based upon the fault of either party.  In other words all grounds for divorce in that "NO FAULT" state are not based on the fault of either party.

I've heard it stated by Rhode Island lawyers and I've even seen it published by Rhode Island lawyers that Rhode Island is a NO FAULT divorce state.   WRONG!  WRONG!  WRONG!

Frankly, I don't have to tell you it's wrong at all.  The Rhode Island General Assembly that makes the laws of our state has already said it.

Though Rhode Island Family Court judges and most parties prefer divorces that are based on irreconcilable differences (which WOULD be a NO FAULT divorce) that is not the only grounds for divorce.   The following section of the Rhode Island General laws spells out the additional grounds for divorce as follows:

§ 15-5-2  Additional grounds for divorce. – Divorces from the bond of marriage shall also be decreed for the following causes:

   (1) Impotency;

   (2) Adultery;

   (3) Extreme cruelty;

   (4) Willful desertion for five (5) years of either of the parties, or for willful desertion for a shorter period of time in the discretion of the court;

   (5) Continued drunkenness;

   (6) The habitual, excessive, and intemperate use of opium, morphine, or chloral;

   (7) Neglect and refusal, for the period of at least one year next before the filing of the petition, on the part of the husband to provide necessaries for the subsistence of his wife, the husband being of sufficient ability; and

   (8) Any other gross misbehavior and wickedness, in either of the parties, repugnant to and in violation of the marriage covenant.

Now, if any Rhode Island lawyer who professes to you that Rhode Island is a NO FAULT state.  Please have him or her explain to you how each of these items lacks a condition or action by either one or both parties that is not fault based.  Then, please give me a call and explain it to me.

My point is simply this.  Rhode Island is NOT a NO FAULT divorce state.  This is an easy way to determine if the lawyer you are considering engaging for your divorce matter knows what he or she is talking about or not.  If you ask the lawyer if Rhode Island is a NO FAULT divorce state and he or she says "yes" . . . then I highly recommend finding a new lawyer to interview.

Authored By:

  Christopher A. Pearsall
Attorney-at-Law
70 Dogwood Drive, Suite 304
West Warwick, RI 02893

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A Rhode Island Divorce Lawyer's Tip on Alcoholism

As a Rhode Island Divorce Lawyer perhaps one of the more controversial issues I've dealt with is the case of the alcoholic spouse or parent. 

Officially, the policy statement of the Rhode Island family court is stated on their Family Counseling Unit Services form which is filed with every divorce.  The Family Court's policy statement reads as follows:

Policy Statement:  The Family Court recognizes alcoholism as an illness and that such drinking problem is treatable and that entering treatment or counseling will not be prejudicial to legal issues in the court.  The court is sensitive to the family problems raised by problem drinking and wishes not to be considered an obstacle to help in these matters.

The question for Rhode Island divorce and family law lawyers is whether to simply explain to clients that they should simply accept this as the court's policy, or whether to advocate that they take whatever position serves their ends in family court.

The issue is more problematic when personal beliefs conflict with family court policies.  This is true both for the individual who chooses to represent himself or herself as well as Rhode Island divorce lawyers who may disagree with policy.

Neither those who represent themselves in court nor divorce lawyers in Rhode Island are required to conform their own personal or professional beliefs to the family court's policy statements.  These policy  statements merely set forth the family court's view as a governmental body to the treatment of . . in this case. . . alcoholism in matters before the family court.

It would not surprise me if there are perhaps many individuals and even many Rhode Island divorce lawyers and family law practitioners who disagree with the treatment of alcoholism as an "illness."   This may be perhaps because the use of other drugs, whether by prescription or otherwise are thought of more along the lines of a voluntary addiction than is alcoholism.  It is as yet an unanswered question to many as to why only "alcoholism" is the subject of a policy statement on an official court form.  Is alcoholism deserving of special treatment when there are addictions and illnesses that are just as prominent and just as devastating to families in divorce and other situations.

In the end, the best bet for Rhode Island family lawyers and individuals who seek to represent themselves is to take the position that best furthers their case in family court whether it is contrary to the policy statement or not.

Authored By:

Christopher A. Pearsall
Attorney-at-Law
70 Dogwood Drive, Suite 304
West Warwick, RI 02893

Call (401) 632-6976 Now for your low-cost consultation.
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Copyright 2008.  Christopher A. Pearsall, Entrepreneur and Attorney-at-Law

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