Rhode Island Divorce Tips by Attorney Chris Pearsall

An Important Step to Protect Your Privacy When You are Being Followed, Recorded or Watched in Connection with a RI Divorce!

Are you in a RI Divorce?  Do you suspect that your spouse or your spouse's Rhode Island attorney is having you watched, tracked, or recorded?  

While there are many important steps that can, and many times should be taken to protect your privacy. This one tends to be higher on my priority list when protecting my clients.

First, don't jump to conclusions and become paranoid.  Provide your RI Divorce Attorney with the facts or other information that you have that leads you to believe that you are being watched, followed or recorded.

So what is this important step you can take?

CRUCIAL SAFETY WARNING:  Make sure you always take care of your own safety first.  I know very little about cars themselves but I have learned about divorce snoopers only through practice over the years as they have become more prevalent.  When it doubt about whether reaching for something or touching something in an area of your car that may cause injury, always bring your vehicle to a trusted professional who can assist you without injury.

 

One Important Step

* THE CAR SWEEP *

Check your car for unusual objects that look out of place.  Keep in mind that you are looking for a device that could be used to record your location, your voice or video of you.  Shapes and sizes of these "Divorce Snooping Devices" vary too much to describe to become helpful.  Look for things that are out of place that have a microphone, lens or possibly a small blinking light.

What do you look for?  Unfortunately, there are too many types of devices to describe that are manufactured in too many shapes and sizes.  Too many of these things are readily available over the internet.  However, many people remain ignorant of the fact that in some states the actual use of these devices without the consent of the party being recorded or tracked is a crime.

 

Where Should You Search?

Search both the interior and exterior of the cars you use for these Divorce Snooping Devices.  

Interior Search Locations for Divorce Snooping Devices:

    1.  The glove compartment;

    2.  Both the driver and passenger visor;

    3.  Around and under both the fronts and back seats (especially in between the seats;

    4.  The ashtray area if you are not a smoker;

    5.  All additional middle compartments used to store extra items;

    6.  All compartments on each of the car doors;

    7.  Check "cavity areas" where a recording or tracking device can be taped or stuck and remain hidden from you under the front driver's column.  This is just above where the gas pedal and brake pedal are located.  Better snoopers will use these areas.  There are often similar areas in some vehicles in the same location on the passenger side as well.  Take extreme care so you don't unplug or dislocate anything that makes your vehicle operate properly.  If you want to really protect your vehicle then take it to a mechanic and have your mechanic do the search.  Even though your mechanic isn't likely to recognize a divorce snooping device, he or she is very likely to know whether what they touch is or is not dangerous (i.e. carry an electrical charge that can injure you or have sharp edges) and if it is actually a part of your car.

 

Exterior Search Locations for Divorce Snooping Devices:

1.  Inside both wheel wells;

2.  When the car is cold check around the muffler area;

3.  In the trunk, look and feel around everywhere for anything that seems out of place.  Some tracking devices that report your location via a GPS satellite service are not attached to anything else at all. Some of them even look like an extra light in your trunk that operates on a simple light sensor when it is a tracking device for your spouse or his or her Rhode Island divorce lawyer to track your whereabouts and discover whom you are with and where.

4.  When checking the trunk whether it is inside or outside the car, make sure you check your spare tire and that entire area that houses it.  There are usually no electronic devices of any kind in most vehicles.  If you see something that doesn't look right, contact a local dealer for your vehicle and try to identify the item before removing it.  If you can see identifying words or numbers on the item itself, it never hurts to go to Google.com, Yahoo.com and Bing.com to run multiple searches to see if you can do a word search or an image search (images.google.com) to see if you can determine what you have found.

5. Check under your engine hood itself and then around the inside of the engine.  It's best to make sure that your vehicle is off and cold to prevent any injury to yourself. Look for items on the underside of the hood, in and around the engine and in the front grill of the car and around both headlight fixtures.

More articles on Rhode Island Divorce Snoopers and other techno-surveillance devices in Rhode Island Divorce and Family Law Situations to follow soon.

My Best to All for a Wonderful and Safe beginning to the New Year!

I'm Attorney Christopher A. Pearsall, The Rhode Island Divorce Coach and I'm here to help.

Call now at (401) 632-6976 for your affordable legal advice and/or coaching session!

I'm here to help!

Grounds for RI Divorce - Rhode Island General Laws § 15-5-2 - Additional grounds for divorce

Divorce in the State of Rhode Island can be filed using "no-fault" grounds.  It is generally the preferred grounds for filing in the Rhode Island Family Court typically because it tends to keep the divorce matter more amicable and in the event there is a trial there is no particular need for the court to declare the divorce based upon the fault of either party which lessens the need for the court to hear testimony about the conduct of the parties.

However, there are various additional grounds that you may use to file for divorce.  They are set forth in Rhode Island General Laws §15-5-2 - Additional Grounds for Divorce.  

This statute reads 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.

It is important that you are aware that these grounds for divorce exist in Rhode Island Domestic Relations law.  You should keep in mind that for each of these grounds, the evidence required order to prove your case to the court is not only different but it is usually also more difficult.

Ask yourself this question before you choose one of these "fault-based" grounds for divorce,

"Do I want to make my divorce harder to prove to the court?" 

A Quick Tip from The Rhode Island Divorce Coach:

Think long and hard before you file for divorce based on fault-based grounds.  Rememember that the harder it is to prove your case, the more difficult you make it for yourself for the court to award you the divorce. 

 

Need help understanding the Rhode Island divorce process or procedure?  Or do you need to understand the law itself and your legal rights and alternatives before, during or after a divorce?

Call me Now at (401) 632-6976 to set up your Affordable Rhode Island Divorce Coaching and Advice Session!  I've been there and I'm here to help!

Happy Holidays and My Best to All with Matters before the Rhode Island Family Court!

Rhode Islanders, Representing Yourself in an Uncontested RI Divorce is Getting Tougher!

More people are filing and undertaking their own uncontested divorces in Rhode Island.  Last week two lawyers mentioned to me how shocked they were with all the people representing themselves in family court.  

One Rhode Island lawyer who practices a substantial amount of divorce commented that,

"They [People who represent themselves] are going to bog down the court calendar so badly that eventually lawyers aren't going to be given preference anymore on the court calendar and we are going to have to wait longer to be heard."

Another RI Attorney who practices a reasonable amount to family law commented that,

"I used to count on about 70 easy uncontested cases a year.  This year I'll be lucky if I get 30 cases total and the advertising costs have gone up and it's just not worth it.  I have been counting on that every year and it just isn't there anymore.  The economy has hit people so bad that they are taking the time to learn how to do it on their own.  I'm telling you. I'm worried and we all should be.  It's going to ruin income for family law practitioners.  Mark my words, it's going to get worse.  What do you think about . . . oops there's my elevator, we'll talk more about this later."

I wonder what reaction I would have received if he had realized that I have been promoting Rhode Island Pro Se representation in Uncontested Divorce for more than three and one half (3) 1/2 years for those who have appropriate coaching and get the proper legal advice.  Perhaps I should call that last attorney back and offer him the opportunity to learn the extent, content and process of my coaching program.  I suppose it is possible that he may be an attorney who is interested in learning about appropriate Rhode Island Divorce Coaching.  Who knows?  Every other attorney who I've spoken to directly has rejected the idea because he or she "Doesn't make enough money."  However, in the end, Rhode Island lawyers participating in the Rhode Island Divorce Coaching need to have the right state of mind.  Lawyers who are against people representing themselves because it hurts their practice or their income may not fit the bill.  It's not about the attorney.  It's about the need of the coaching client.

Just the same, the point is that more people are representing themselves in their own divorces, sometimes believing they are uncontested, easy divorces and sometimes just hoping to save money.  

Ultimately, things are changing not only for long-time lawyers but particularly for people who choose to represent themselves.

Here's something to think about.  I've been a Rhode Island lawyer practicing divorce and family law exclusive for the past twelve years.  During that time I've been developing a coaching program for 5 1/2 years for people to get coaching to represent themselves in uncontested divorces and just when I thought the program was nearly perfected, the program is now being revamped.

Why?  For the same reasons I tell people that they shouldn't even attempt representing themselves in a Rhode Island uncontested divorce without competent divorce coaching, because it can be made simpler but it is NOT easy!  A coach may help to boil it down to it's primary elements but law is not easy, even in an uncontested divorce.

My program is being revamped because legal standards are substantially changing in Rhode Island due to new and advancing changes in Rhode Island case law and several key statutes.  Additionally, new domestic relations forms have been, are still being created and mandated by the family court.  Also, new Administrative Orders about the manner in which timeframes will occur in family court cases due to the shortage of staff and budget cuts and make things easier for the court and the parties.

What does this mean?  It's a whole new ballgame folks.  Even when coaching clients with uncontested RI divorces and other family law cases if as a professional practicing exclusively in this field I need to change my coaching for my clients then that means there is more chance than ever that without enough proper coaching from a legal professional who is used to coaching people then if you try to do this all on your own you have a greater chance than ever to mess up your uncontested divorce and cause it to shift onto the Contested Track and you're in a whole new set of rules there.

So, all these changes are going to make representing yourself in an Uncontested RI Divorce at least 50% tougher than it did before.

You can still do it though and I'm an advocate of your right to represent yourself.  However, you've got to do it right.  If you screw it up then you may require a lawyer and twice as much time to fix things before the year is done.  

Do yourself a HUGE favor and don't screw things up!  You may have only one chance to get it done and get it done RIGHT!  The fact is, even in the easiest uncontested RI divorce you need sufficient coaching from an experienced, Rhode Island family law practitioner to have the best chance for success.

Do yourself a favor!  Accept the fact that you are NOT a licensed legal professional.  

Realize that walking into a courtroom and knowing Rhode Island's divorce laws and caselaw, the RI Rules of Domestic Relations Procedure, the Rhode Island Rules of Procedure, the Rhode Island Rules of Evidence, the Rules of Practice, and the Administrative Rules of the Rhode Island Family Court.

Yes, this is what we are expected to know as Rhode Island lawyers when we practice in the RI Family Court.  It's okay to realize that you need help and that it may cost you a little bit of money.  Say it cost you a total of $800 to get from beginning to end instead of $3,000, wouldn't that be smart on your part?

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

Call me Now at 401-632-6976 and find out how affordable Rhode Island divorce coaching can be!

Rhode Island Family Court - Know your Legal Procedure and your Legal Rights!

If you have a Rhode Island Family Court matter and you just expect to go into the courtroom and "tell your story."  I urge you to think again.

Rhode Island Family Court has procedural rules, administrative court orders, judge's standing orders, rules of evidence and, of course laws governing domestic relations.  I can assure you that no matter what order you try to read these Rhode Island Family Court requirements you will not be able to assemble them in any order that says "Hey, walk into court and when it's your turn to speak . . . just tell the judge your story."

What's my point?  If you don't know the RI Rules of Domestic Relations Procedure as they relate to your particular type of case and the matters to be heard by the court in your case, you might as well spit into the wind because that's about as far as you are likely to get.  Without guidance don't expect to get too far.

Is there another good thing you should know other than the family court procedure in Rhode Island?  Yes, you should know your rights relating to your particular case and issues.  

What do I mean when you should know your legal rights?  It may not be essential to know and understand the entire body of Rhode Island divorce and family law in order to know your legal rights, but it is important to know the law and your legal rights as they relate to your particular divorce and family law issues.

It doesn't sound too ominous a task for your divorce or family law issue, now does it?  

All I'm suggesting is that you know the Rhode Island legal procedure and the Rhode Island laws relating to your issue and how you go about presenting it.  

Pretty simple, right?  Well, in a one word answer, "No".  What I'm suggesting is a challenge for some RI lawyers who find themselves within the RI Family Court System on less than a frequent basis so you can imagine how difficult it might be if you try to represent yourself without any guidance and have no knowledge of Rhode Island Divorce law. 

The fact is, you could try it.  If you are lucky you might survive it without a good tongue lashing from a family court judge.  If you don't know what you are doing and the judge thinks you are wasting the court's time then you've got a problem.  You see it is not too hard for a judge to discern that you simply didn't think your matter was important enough for you to take the time to make sure you knew what you were supposed to do.  If you think about it, it makes sense.  

Why should the court change years of effort using procedures meant to create fairness and reliability to suddenly just give you carte blanche to present your matter any way you like?  The fact is, it shouldn't.

Shouldn't it be your responsibility to know what you are doing if you are the one coming before the court?  Of course!  After all, you are either asking the court to do something for you or you are defending yourself against the allegations of an opponent and you want the court to disregard those allegations and whatever your opponent is asking for, right?  So naturally shouldn't you know what you are doing?  The answer is a resounding "Yes."  

So what can you do?  What are your options?  

You can try to figure out all of the Rhode Island Laws and procedures as they relate to your situation, or you can get some coaching from an experienced divorce and family law professional.

So where do you turn for help? 

Until recently, the options haven't been great.  The traditional options have been that you hire  a lawyer to represent your interests or hope you can find the right information to help yourself through.  If your money or time is limited, then neither of these options is really workable for you. 

Wouldn't it help if an experienced divorce and family law lawyer sat down and explained the Rhode Island procedures and law to you and how they apply to your specific situation?  

This has been the problem.  Most lawyers won't take divorce and family law cases on a piecemeal basis.  Why is that?  First, there isn't much money in it.  Second, there is too much liability attached in comparison to whatever money the lawyer earns.

 

How am I helping you?  I've certainly painted a picture that isn't too rosy.  

This article doesn't help you, but I can help you by providing the missing piece of the puzzle.

You have the constitutional right to represent yourself.  I believe in this right. I believe that no person should be afraid to exercise this right.  Yet you can't exercise your legal rights without fear of being stopped by the court if you don't know the procedure and your legal rights.

This is precisely why I developed a Rhode Island divorce and family law coaching program.  Now you have the opportunity to sit down with an experienced Rhode Island lawyer to get the help you need.  I've focused my practice exclusively in the area of divorce and family law for more than a decade now and I designed a program to fill the gap that is missing for people.

I designed a program that for a fraction of the cost of hiring a lawyer to represent you, you can get the information you need, right when you need it.

This divorce and family law coaching program began in March of 2009.  It has been a magnificent success and continues to grow.  

So, if you need legal help in a Rhode Island Divorce or family law matter, I can almost always help you!  I don't provide this service for free but I've come as close as I can.  I provide legal coaching and advice in Rhode Island divorce and family law matters for minimum sessions of one (1) hour at a cost of only $135 for that hour.  If you need more than an hour then to make it simpler it's just an additional $33.75 for any portion of a quarter of an hour that is needed after initial hour.

You can join the countless people I've successfully helped so far.  

Call NOW (401) 632-6976 to set up your Coaching and Advice Session!

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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

Discover the Tremendous Benefits You Receive by 

Participating in Family Law Coaching Sessions!

Visit 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 2007 to Present.  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.  The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

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

The Rhode Island Divorce Attorney's Limited Divorce Self-Defense Tip on Recorded Communications

Rhode Island Divorce attorneys occasionally forget to provide practical divorce and family law tips that isn't directly law-related but could protect their clients.

One divorce factor that is extremely helpful to understand is that divorce clients understand the destructive power of emotions when one spouse feels alienated, rejected or betrayed.

An alienated or rejected spouse may resort to extreme and even fraudulent measures to achieve what he or she desires in a divorce.  These measures may include attempts to entrap the other spouse, create false or fraudulent situations, or even create false injuries and lie to the police about those injuries or situations in order to force a spouse out of the home by a criminal charge of protection from abuse complaint.

If you are in Rhode Island it is always a good idea to carry a tape recorder with you at all times when you are communicating verbally with your spouse and your spouse is also in Rhode Island at the time of the communication.

This tape recorder and getting into the habit of providing a date and time for each conversation may sometimes be the only thing that protects you from claims before the court of "he said" versus "she said" which then results in the family court judge trying to determine who is telling the truth and who is not.

It is certainly a great deal more protection for any spouse if they have a recording of the conversation or communication and is able to replay it for the judge and identify specifically that the voice is recognized by the party recording the communication, and that the information which is contrary to what the entrapping party is trying to present is on the tape and admits the "setup", "lie", "or falsehood" at issue.

Keep in mind that each states laws are different.  The rules may be much different if one of the parties to the conversation is in another state.  This is especially true if the laws of either state require the consent of both parties in order to record the conversation.  If one of the parties to the conversation is in another state that requires the consent of both parties before a communication may be recorded and you record the conversation anyway, it is entirely possible that you have committed a crime that may subject you to prosecution, incarceration and/or fines.

It is important to be aware of the location of both parties to the conversation before making a recording.  In Rhode Island, only one party's knowledge and consent is needed to record a communication in which that party is involved.  However, this only applies if all parties to the communication are within the boundaries of the State of Rhode Island at the time of the communication in order to make a legal, and possibly admissible recording.

The admissibility of the content of the recording is up to the family court judge in divorce and protection from abuse matters and will depend upon many factors, including the relevancy of the recorded communication to the matter before the court and whether it falls within any exception to the Rules of Evidence regarding Hearsay.

However, if you are careful about the manner of your recording, particularly the location of the parties when the communication you are recording is made, it may well be your little tape recorder that saves the day for you.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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

Discover the Tremendous Benefits You Receive by 

Participating in Family Law Coaching Sessions!

Visit 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 2007 to Present.  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.  The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

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