Rhode Island Divorce Tips by Attorney Chris Pearsall

Divorce Factors in Rhode Island - Advice from Rhode Island Divorce Lawyers should include the X-Factors

Are you curious as to why most divorce lawyers are unable to answer your divorce questions with a great degree of accuracy.  This lack of accuracy is due to several factors.  I call them the "X Factors."  Some lawyers may not discuss these factors with you, but it is important that you understand they exist.  Yet these divorce factors are just as important as the rules that govern the Rhode Island family courts themselves.

The divorce "X Factors" are simply unknown factors.  A divorce lawyer usually doesn't know or can't predict these factors at the time you ask him or her your divorce or family law questions.  These factors are extremely likely to have a substantial impact on the answer to many of your questions.

Using Rhode Island Divorce as the most common example, the "X Factors" are:

1)  The Judge that your divorce will be assigned to;

2)  Your spouse's actions or reactions during the divorce;

3)  Whether your spouse will hire a divorce lawyer and who that lawyer will be;

4)  The actions your spouse's lawyer may take during the divorce.

The Rhode Island Divorce X-Factors are crucial for clients to know and to take seriously, not just in passing because they have a great impact on your divorce as it proceeds.

As your divorce begins and all the way to its outcome, keep these factors in mind.  

Why?  

The fact is that divorce is not a fun experience even when it is as amicable as you can make it.  Most Rhode Island divorces have their bumps, road blocks, hurdles and major challenges.  Often times these things leave a client frustrated and angry. The first and most natural place where this anger gets focused is on your Rhode Island Divorce lawyer because he or she is the only part of the process that you have chosen to take you through the divorce process.  On top of everything, you are pay this lawyer to get you to the end of your divorce as quickly and easily as possible.

So what happens?  You hit those bumps, roadblocks or major challenges and you become frustrated at the only part of the process you even remotely have control of... your lawyer.  It's at this point that before you express your anger to your lawyer that you remember the X Factors.  

Remembering these factors reminds you that, there are more things outside both your control and your RI Divorce lawyer's control than there are things actually within your control.

By remembering the X Factors, you can approach your divorce lawyer and see how you can both deal with all the factors that are present and perhaps turn the situation to your advantage, rather than getting angry at your divorce lawyer and perhaps damaging your relationship with your lawyer.  A relationship between an lawyer and client in a divorce can be very touchy.  Blaming your attorney for the direction of your case when the X factors may have pushed your divorce off course can lead to a slower divorce and less communication between you and your lawyer.

For the sake of your own divorce, remember the X factors and your divorce may go much smoother.

If you are concerned about your divorce lawyer's performance in your case, feel free to call me and set up a second opinion advice session to discuss what has been done and review the important case documents.  Together we'll discuss not only the factors, but what you have seen, heard and the tact your lawyer has taken to give you appropriate feedback as to whether you need to give concern to your lawyer's performance.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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A Lawyer who Hates Lawyers? What is this RI Divorce Lawyer Really Saying?

Today, I am a Rhode Island lawyer focusing my practice on divorce and divorce coaching.  Looking back decades ago I remember another lawyer who had been practicing in another state for some 40+ years who said something that perplexed me.

* * * Remembering the Lawyer who Hated Lawyers! * * *

The lawyer was about as true, honorable, and generous a gentleman as I have ever met.  He had all the qualities I envisioned a good lawyer would have.  He truly cared about each of his clients.  He fought for each one within the bounds of the law, within his professional code of ethics, and with a high degree of morality. The lawyer knew that I greatly admired him as both a person and as a lawyer.

One extremely hot summer afternoon this lawyer returned to his office after losing a district court hearing.  He plopped himself down in the chair at the opposite end of the short conference room table I was sitting at in his office law library.  His secretary nervously brought him a lemonade and napkin then quickly skirted out of the room.  There was an endless silence.  

Finally, I spoke, 

Chris:  "I'm considering becoming a lawyer."

The lawyer lifted his head, wiped his brow with a napkin, grabbed a nearby law book and flung it across his law library breaking the law book's spine.

It was one of the first times I had ever seen this man so upset.

I was quiet until the lawyer spoke.

Lawyer:  I HATE LAWYERS!

This time the pause was endless yet I was just too puzzled not to speak.

Chris:  "I don't understand!?!  You ARE a lawyer."

The lawyer was quiet again, so I asked it as a question.

Chris:  "How can you hate lawyers when you ARE one? 

The lawyer waited quite awhile before speaking.

Lawyer:  Chris, if you're anything like me, you'll understand when you get there. 

The conversation ended.

* * * 20 Years Later We Agree * * *

I've been working in the legal field now for more than 20 years since that conversation.  

As a Rhode Island lawyer, I am bound by a Professional Code of Ethical Conduct among other things.  There are things that I shouldn't say or do and there are things that I can't say or do despite the right to Free Speech guaranteed to all of us by the United States Constitution.  The layperson would be amazed. 

* * * A Message for Roger * * *

For a point of reference only, the lawyer's name was Roger.

Hopefully he's still alive and hopefully he is in tune enough with today's "internet" that he reads this article.

First, to this great lawyer.

Roger, I was like you.  I understand!

* * * A Message for Readers * * *

Now, to my readers I offer this.

You may not understand this statement until you meet with me.

If you like lawyers, you probably won't like me.

With that said, I can tell you that as a Rhode Island Lawyer who has focused my practice exclusively in the area of divorce and family law, I cannot make your problems go away.  No lawyer can!  Yet some lawyers may tell you they can to get you as a client.

Lawyers can't make your problems go away because fundamentally they are your problems.  Only you can take responsibility for those challenges in your life.  Only you truly have the power to resolve those challenges by your decisions.

However, I can tell you that I can help you understand and get through your Rhode Island divorce or family law challenges by working with you either as your Coach or as your Representative.

* * *  Your Divorce Coaching Program * * *

Roger's words were invaluable.  Today, they are the powerful force motivating the continued growth of your Family Law Coaching program.  

I call it Your Program because it is designed specifically for you.  It is designed to teach you, train you, advise you, inform you, and save you time and money in the areas of divorce and family law.

As Your Coaching Program continues to evolve, it will continue to work faster for you, become more economical for you, and become more helpful for you.

Whatever you choose to believe, there is one thing you can know with certainty. I am one lawyer trying to make a difference for YOU with a new and innovative way of practice designed by hard work, my belief that you can do more than you believe you can at this moment, and your willingness to be open to something new that works. 

What can Your Coaching Program help you with?  Here is a brief list . . .

Rhode Island Divorces & Legal Separations, Rhode Island Child Support Establishment, Modifications, Collections and Terminations, Rhode Island Child Custody Matters and Child Custody Modifications, Rhode Island Petitions to Enforced Marital Settlement Agreements and Property Settlement Agreements, Preparing Pre-Nuptual Agreements and Ante-Nuptual Agreements in Rhode Island, RI Petitions to Move Out of State with Minor Children, Petitions to Establish Paternity in Rhode Island, Rhode Island Motions to Adjudge In Contempt and Defense of those Contempt Motions, Protection from Abuse Petitions and Defense Against Such Petitions, Rhode Island Motions and Petitions to Establish, Modify or Terminate Visitation, RI Common Law Divorces and their Defense, Rhode Island Legal Rights, Rhode Island Family Court Procedures, 2nd Opinions about your Attorney on Rhode Island Divorce Cases, Pro Se Representation (i.e. Representing Yourself Appropriately in Family Court), and many more . . . 

Look for the Testimonials Section about Your Coaching Program which is coming soon.  Feel Free to Call Me for a low-cost Coaching Session!

Attorney Christopher A. Pearsall - Phone: (401) 632-6976

Rhode Island Divorce Lawyers - Top 10 Things They Should Tell You!

The Top 10 Things Rhode Island Divorce Lawyers should be telling you!

1.  A Divorce Lawyer's Independent Judgment - As his or her RI divorce client, a Rhode Island Divorce lawyer should inform you that you are hiring the lawyer for his or her expertise in this area of law and therefore the attorney retains a certain degree of independent judgment in your matter to protect your interests.

2.  Client's Final Say - That as the Rhode Island lawyer's divorce client, you have the authority to reasonably direct the attorney as to the direction and methods involved in your case to the extent that it doesn't excessively class with the attorney's independent judgment and the reason you have hired the lawyer, namely to protect your legal interests.

3.  Reasonably Informed -Your Rhode Island Divorce lawyer has the obligation to keep you reasonably informed about matters involving your case, however this does not vitiate your obligation as the client to keep abreast of your legal matter.

4.  No Guarantees - The Rhode Island Family Court is not a forum of certainties.  In any divorce proceeding there are factors that no lawyer can predict and these factors can vastly affect the outcome.  No lawyer can guarantee any result in a divorce matter, except that a divorce will be granted to a party who is able to prove his or her case.

5.  No Win Situation - No one wins in Rhode Island Family Court in a divorce.  It is those who reasonably resolve their differences equitably and resolve themselves to moving on with their lives with dignity losing less of their lives, their time, their money, their energy and their self-esteem who benefit most from the Rhode Island Divorce process.

6.  Leave Vendettas at the Door - Divorce proceedings are not a forum for settling personal vendettas.  The Rhode Island Family Court is intended through it's divorce process to assist married couples in the protection of their children and the proper separation of their assets and debts so that each party can most equitably continue with their lives. 

7.  Realistic Expectations - Having Realistic expectations consistent with the circumstances of your marriage are the fundamental key to a proper and timely resolution to a divorce in the least difficult manner for all parties. 

8.  Legal Rights versus Practical Application - Rhode Island Divorce Lawyers should be telling you both your legal rights and the practical outcome of asserting those rights since the advocacy of your legal rights may be entirely different in practice than as is contained in statutes or case law.

9.  Judicial Discretion - Rhode Island Family Court judges are empowered with substantial discretion.  Each case is different.  Each judge may exercise his or her discretion differently.

10.  Three Unpredicatable Factors - There are three factors that are likely to be unpredictable to one or both parties at the outset of a divorce case and substantially affect each and every case.  The three factors are (1) your spouse's response / posture in the divorce case, (2) the divorce lawyer(s) your spouse engages to represent him or her, and (3) the judge assigned to the case.  Each of these factors can have a substantial and unexpected impact on your divorce and its end result.

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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Rhode Island's Most Affordable Divorce* Lawyer & Family Law* Attorney

Copyright 2008. Christopher A. Pearsall
A New Rhode Island Divorce Lawyer for a New Millenium!

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What some RI Divorce Lawyers do that Judges may buy into!

A Rhode Island divorce can be traumatic even if you have a lawyer to help you through it.  There is no doubt that some people are more fragile than others.  Some women who have been "jilted" or "scorned" may be angry, experience denial or otherwise need counseling.  Some men who have been good providers and faithful for years may find that they need some mental health services to get through a difficult divorce when they just don't understand what went wrong in their marriage.

Though it is often difficult for most people to deal with divorce, some people seem to get through it just fine even if they are not the party who filed the divorce action.  Experiences are not only varied but they are interesting to note.

Yet what is not so interesting, nor enjoyable is when Rhode Island family law lawyers represent a client and help them to achieve what may be self-centered goals by helping them create a situation where none existed before.

An example is perhaps the best way to illustrate this.

Peter and Claudia have been married for 18 years.  They have no minor children and own a home together.  Peter files for divorce which Claudia claims is "out of the blue" and a "complete shock to her" even though Peter has approached her numerous times over the last year about how unhappy he was with their relationship.  Apparently Claudia attributed it to a mid-life crisis or something Peter would pass through.  Peter files for divorce.  Claudia had been working for the past ten (10) years and she is upset and depressed about the divorce filing.  Claudia takes time out of work and begins thinking and re-thinking why Peter would do this to her.  Claudia considers that there must be another woman.  Claudia also considers that Peter should have done more in the marriage to make it work or that he should have suggested counseling.  Claudia gets angry and then more upset as thoughts of the last 18 years run through her mind. 

This is not an uncommon thought process for a woman to go through. 

Claudia returns to work but her mind isn't on her work as it should be and her work just isn't up to par.  Claudia's boss mentions it and Claudia is now fearful for her job security.  Claudia consults and hires a divorce attorney who suggests that she go to a psychologist or a mental health counselor about her feelings.  Claudia takes the attorney's advice and goes to an individual and marriage counseling specialist.  The counselor confirms that Claudia is understandably depressed by the divorce situation.  Claudia feels better after going to the counselor and continues to see the counselor on a weekly basis.

Claudia is advised to take an extended leave from work to deal with her divorce and the emotions she is going through.  Claudia continues to go to counseling.  After a month or so Claudia's attorney starts arguing to the court that Claudia should receive alimony from Peter for at least two years.

Peter's attorney asks for the reason why Claudia should be awarded alimony.  Claudia's attorney is adamant that Claudia is now in a deep depression, has lost time out of work and is unable to do her work effectively as a result of Peter's filing for divorce.  Claudia's attorney argues to the judge that if he can prove Claudia's depression and that it resulted from the divorce filing then Claudia needs a recovery period and needs to rehabilitate her mental state to be able to function in the working world again.

Situational depression is a common side effect of most divorces.  However, to argue that alimony should be awarded because one party has an adverse reaction to a divorce filing is essentially punishing the payer spouse merely for filing for divorce because the relationship has failed.

Yet it has been argued by some Rhode Island divorce lawyers that rehabilitative alimony is justified for a spouse who gets situational depression as a result of the divorce filing itself.  Regrettably, some Rhode Island family court judges have bought into the argument if it is adamantly argued with the right tenor and the right documentation. 

An important tip is to note when the onset of the depression symptoms occurred.  Even if the depression relates directly to the breakdown of the marriage, the lack of a diagnosis of chronic depression by a psychologist, depression is not and should not reasonably a basis for rehabilitative alimony, especially for those spouses who were previously capable of earning an income and only incur difficulty as a result of the divorce filing or the breakdown of the relationship. 

A person's inability to cope with the actual legal proceeding that precipitates the alleged depression is not a reasonable basis for alimony.  No rehabilitation is needed to acquire more education or new skills or for entry into the workforce.  These are the fundamentals for rehabilitative alimony in Rhode Island and as such alimony based upon anything other than a longstanding chronic depression should be opposed strenuously.  Most judges will see this for what it is if you give evidence of the timing of the depression but be wary.  A difficult battle may be on the horizon if Alimony is a primary goal of your spouse.

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, A New Rhode Island Divorce Lawyer for a New Millenium

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Rhode Island Divorce Tip: Inconsistencies Part I

As a Rhode Island lawyer choosing to focus my practice on divorce and family law I've had the opportunity to witness some inconsistencies in the divorce and family law process.  Perhaps you're surprised, perhaps not. Yet it you're not aware of these inconsistencies before you walk into the Rhode Island Family Court, then you may be in for a rude awakening.

So let's be sure you're informed about your divorce.

1)  Different Rhode Island judges give you different results.

All it takes is one example to grasp this little divorce twist.  Judge A in sits in Courtroom 5A.  Judge C sits in Courtroom 5C two doors down.  Both judges will be hearing a Motion to Modify Child Support today.
Before Judge A is a father of two girls, he works an average of 35 hours of overtime per week as a firefighter.  The children's mother has filed a Motion to Modify Child Support upward. 

Before Judge C is the father of a little boy and girl who works about 37 hours per week of overtime as a television station director.  Likewise, the mother of the children has filed a Motion to Modify Child Support upward.

Both fathers have roughly the same base income.

The hearings are held in each courtroom.  The father in Courtroom 5A comes out with a much smaller child support order than the father in Courtroom 5C despite the similarity of their circumstances.

The father before Judge C ended up with a greater child support payment because Judge C believes that regular overtime income should be considered when calculating child support.  Judge A does not believe that any time over forty (40) hours should be considered in child support calculations.

Same court, same court house, same system of justice completely different and inconsistent results.

If you were scheduled to be in Courtroom 5A and then due to an illness you were shifted to Courtroom 5C, would you be upset?

Would it make a difference if you were the mother as to which court you'd want to be in?

Authored by:

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

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.