Rhode Island Divorce Tips by Attorney Chris Pearsall

Are Divorce Lawyers Necessary? Part I - Divorce Advice is ever Expanding.

As the founder of a divorce coaching program one would think that I am one who would say that divorce lawyers aren't necessary.  Yet the answer is actually to the contrary.  Yes, they are absolutely necessary.

The law regarding families and domestic relations is far from simple and it is evolving as fast as possible to keep up with the changing times.  

First you have what might be considered the old fashioned notion of a family.  This is the typical mother and a father who are married and have children.  Yet, society has grown and changed.  With the emergence of homosexual and lesbian parenting of adopted children or even children who are found to be abused within the old fashioned family unit comes new policies, new laws and new ideas of what truly constitutes a family and the limitations of marriage.

Divorce lawyers are at the forefront of the ever growing movements, ideas, and differing groups who proffer new ideas about what marriage should be, what it was intended to me, and the ramifications that result when all persons capable of loving one another are not afforded rights similar if not identical to those of the traditional mom/dad family unit.

With this plethora of change in the family arena comes legal questions not only about marriage but about divorce as well and what is not only fair and equitable but the resounding impact that each decision may have in the area of family law.

The new and constantly growing changes in the differing family models calls not only for religious, ethical, and intellectual debate and insight but legal thought and ramifications that could trigger a domino effect if not carefully considered in a tenacious legal context. In this regard divorce lawyers are without a doubt necessary.

Yet some believe that with with the LegalZoom, Prepaid Legal Services, various legal sub-professions such as the paralegal movement offering assistance in the nature of forms assistance, and even my own coaching program that divorce lawyers are no longer necessary.  To those holding this position, I must respectfully disagree.

Assistance in a form other than through an experienced divorce lawyer licensed to practice in your state or commonwealth is no substitute for the lawyer's assistance.  In fact, relying upon anything else is comparable to chancing your matter to a path strewn with bear traps waiting upon each foot fall to see if you have stepped in the wrong place with just enough pressure for those deadly jaws to suddenly and unknowingly thrust into your leg and hope that help comes along after the damage has been done.

Answering a question is always best addressed by examples and so I will dedicate a few articles over the next few weeks to demonstrating why divorce lawyers are, in fact, necessary.  In the end, there is no substitute for the help and assistance of an experienced and honorable divorce lawyer who fully advises you after being completely being made aware of your factual and legal circumstances.

Kindly look for Part II of this series which will focus on one or more specific divorce examples that will demonstrate the need for divorce lawyers now and for the foreseeable future.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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Note: If this article contains a case scenario with names, dates or amounts, any resemblance any connection to any person or situation now or previously existing is purely accidental, unintentional, and is merely a mistaken creation in the mind of the reader.

* 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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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

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

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

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

Rhode Island Divorce Tip: On Judicial Bias

Rhode Island Divorces are hard enough without judicial bias.  Judicial bias is when a judge or magistrate in the position to make a decision in your Rhode Island Divorce listens more to one parties' position than the other parties' position and gives that position unjust weight in the decision making process.

It happens.  It's no mystery.  Judges and magistrates are people.  They are not machines.  While they are set on the course of impartiality as part of their duty, you cannot strip the humanity out of them. 

Naturally, with that humanity comes all the personal experiences, thought processes, underlying suppositions, precepts and all the other things that go into the formation of the human person, including biases.

I don't envy Judge's and Magistrates.  They are supposed to remain detached from each situation and try to make consistent decisions from case to case.  Yet, how can they when they have their own belief systems and their own ideas about the way families should be have, visitation should be conducted, the child support system and more.

Judicial bias exists on a practical level on a daily basis.  In a Rhode Island Divorce  System comprised of human beings how could some bias NOT exist?  It just isn't reasonably possible.

Its when Judicial Bias overshadows a case to the extent that prejudice is caused to a a person's case. 

It occurs! In fact, there seem to be some warning signs that one could look for to gauge the level of bias.

Ask yourself this:

1)  Is the Judge or Magistrate for my divorce matter giving me equal time to speak as compared to the opposing party?

2)  Is the Judge or Magistrate for my divorce case allowing the opposing party to enter all his or her exhibits and shutting you down when you attempt to do the same thing?

3)  Does the judge's demeanor or tone change when he or she addresses you as compared to the other party?

4)  When liberties are given by the Judge, are they extended only to the other party and denied to you client?

5)  Does the Judge seem friendlier to the opposing attorney as opposed to your attorney or you?

Judicial Bias Exists!  You MUST be aware of it!  It is an inherent part of the system!  Some of the biases are small and others are large. 

So how can you protect yourself.  Know the Judges.  Ask around.  Learn about the judges.  Sit in court, watch and listen to each judge and how he or she handles cases.

Knowledge is the key.

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.