Rhode Island Divorce Tips by Attorney Chris Pearsall

The Rhode Island Divorce Lawyer Expands on the Rhode Island Bar Association Web Site: What Kind of Issues Will I Discuss with my Attorney During my First Visit?

The following excerpt is a brief question and answer provided on the Rhode Island Bar Association website and previously noted at RhodeIslandDivorceTips.com as part of my expansion article series to give people a more detailed answer to the questions posed on the Rhode Island Bar Association's website regarding divorce:
 

WHAT KIND OF ISSUES WILL I DISCUSS WITH MY ATTORNEY DURING THE FIRST VISIT?

The separation of a married couple is one of the most traumatic occurrences in one's life. An attorney will address both family and emotional issues, including consideration of marriage counseling or other steps to help save the marriage; assisting you as a parent in meeting the needs of your children; and handling financial matters such as real estate and personal property. You should also be sure to discuss, and fully understand, the attorney's fee arrangement at the first meeting.

via www.rhodeislanddivorcetips.com  from  www.ribar.com

Your first meeting with your Rhode Island Divorce attorney will vary from divorce lawyer to divorce lawyer.  However, it could consist of any number of subjects relating to your divorce.  

If you haven't formally retained the divorce attorney then you should reasonably expect that your meeting will consist of discussing the following subjects:

1.  Formalizing and executing the written engagement agreement between you and your divorce attorney;

2.  Discussing the scope of the attorney/client relationship and each party's rights in that relationship;

3.  Identifying the documents you will need to provide to your attorney either a)  to file for divorce, or b) the documents needed to respond to the divorce documents that have been served upon you;

If you have already retained you divorce attorney, signed the formal agreement, and discussed the scope of the attorney/client relationship, then you should reasonably expect that your meeting with your divorce lawyer may include:

1. Providing your divorce attorney with the documents he or she has requested for your case;

2.  Discussion of the conduct of each of the parties during the course of the marriage both as to financial expenditures and contributions within the marriage and infidelities;

3.  Discussion of your assets, debts and minor children, if appropriate, and what you might be willing to settle for, assuming you are aware of all the facts;

4.  The manner in which you and your attorney choose to move forward in your divorce proceeding.
 

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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Why do I need a Rhode Island Divorce Lawyer?

I commend those people who are "do-it-yourselfers".  I happen to be one of those people myself.  People such as these always seem to be willing to undertake a challenge even if it means trying to save money by representing themselves without a Rhode Island Divorce Lawyer.  Yet in the same breath, I have to caution almost 99% of the population against it.

I had yet another consultation recently where a person asked the question at the end of the consultation, "Why do I need a Rhode Island divorce lawyer?"

This is perhaps the biggest "loaded question" I get because the answer is not as simple as saying something like "because as a Rhode Island divorce lawyer I've gained the skills to anticipate things that you may not anticipate as a layperson."  Frankly, though I wouldn't want it to sound condescending, it sounds that way almost invariably to everyone and as a result some people get offended.  Certainly that wasn't my intention.  Yet no matter how I vary my tone or the flow of conversation, it comes out that way.

The fact is, that I learned (personally) the hard way that you need a Rhode Island Divorce Lawyer in almost every instance.  The law, including Rhode Island law, is never as simple as people would like to think it is.  Though many people might think that we as lawyers are "overcomplicating things" in order to get more clients, the law is complicated.  There are subtleties and caselaw associated with statutes in the Rhode Island General Laws that most laypeople will never read, let alone pull together the significance that several cases may have upon the significance of the interpretation of a law by the courts that may severely impact their case or the position they are taking.

Therefore, invariably I have changed the manner in which I answer this "loaded question" of "Why do I need a Rhode Island Divorce Lawyer?"  I now answer the question with examples.

The question usually comes up with people who want to save money and have very little in the way of assets or have no children at all.  Yet many couple's have something in their divorce that is problematic and they aren't even aware of its significance.

An example of a couple who did not retain Rhode Island Divorce Lawyers to protect their interests is   helpful here.

EXAMPLE

John has a consultation.  He has been married to Linda for only one year.  They were best friends and took what they thought to be the next logical step in their relationship.  Unfortunately they found they were great as friends but terrible as a married couple.  Each of them had different expectations of what marriage was all about and what they expected of the other.

John and Linda each had their own apartments and their own possessions prior to their marriage and all of those items of personal property had been retained by each of them.  They did not have any real estate.  They did not have any children.  They did not have any retirement plans.  At the beginning of their marriage they agreed that John would carry the health and dental insurance for both of them and pay for that out of his income.  John and Linda each worked a job and made roughly the same amount of money.  Linda, did, however get an annual payment of $2,000 for not electing to be on her company's health insurance plan.

John doesn't believe they need a lawyer in order to do their divorce even after his consultation and a reasonable and even affordable quote for representation.  It's understandable because people simply don't like paying Rhode Island lawyers, especially Rhode Island divorce lawyers.

John and Linda reach an agreement, John files for divorce and muddles his way through the process and he and Linda finally make it to their Nominal Hearing date in the Providence County Family Court.  John and Linda miss only one important question and the particular Judge hearing their case is kind enough to ask the question to finalize the requirements of Rhode Island Law to be able to grant the divorce.

Both parties sit at plaintiff's counsel table and defendant's counsel table as they listen to the Judge's decision.

John and Linda agreed that they would each own and be awarded the items they each brought into the marriage free and clear of any claim of the other.

Each of them is awarded all right, title and interest in and to the items currently in their respective possession, free and clear of any claim of the other.

They both testified that they also agree that they will each be responsible for the credit cards they each have in their own name.

John has agreed that he will continue to take care of the health and dental insurance for Linda pursuant to the Rhode Island Health Insurance Continuation Act.

The court grants them each an absolute divorce based upon irreconcilable differences that have caused the irremediable breakdown of the marriage.

John and Linda are able to get through the remainder of the divorce by preparing the Interlocutory Decision Pending Entry of Final Judgment, presenting it to the Domestic Relations Clerk for verification, presenting it to a family court Judge for signature, then filing it in the Domestic Relations Office for Entry by the Clerk or Associate Clerk to make the Interlocutory Order Official and insure that it corresponds with the record of the court. 

John and Linda pass the 90 day waiting period and then present the Final Judgment of Divorce to the Domestic Relations Clerk to be checked for consistency with the court record, presentment to a Domestic Relations Judge for signature, and then filing with the Domestic Relations Clerk's Office for Entry and issuance of certified copies of the Final Judgment of Divorce for both parties.

As far as John and Linda are concerned, they are done and they are divorced.  The court closes its files and sends it off to the State Archives in Pawtucket, Rhode Island.

Then an issue arises.  John's company only offers single insurance for John which the company will pay the premium for, OR family coverage for John and Linda which John must pay the difference in premium for out of his pay check.

John doesn't want to pay the extra $447 per month that it costs for the family plan and he demands that Linda pay it if she wants to remain on his coverage.  Now, Linda brings their Final Judgment of Divorce to a Rhode Island Divorce and Family Law Lawyer.  Linda is advised that she is not obligated to pay the difference between the coverages and tells John that she will not pay it.

John takes the Final Judgment of Divorce to a Rhode Island Divorce Lawyer and asks about his rights.  John is dumbfounded to be told that he cannot remove Linda from the insurance plans and that it is implicit in the court's final judgment that he will continue to insure Linda at his cost, indefinitely, under the Rhode Island Health Insurance Continuation Act or until one of the provisions under the Act occurrs that no longer makes Linda eligible for coverage.

John takes Linda to court because he believes that Linda should pay her own insurance costs and because that is what he and Linda agreed upon. 

Upon their return to court, the judge reads the Final Judgment of Divorce, the Interlocutory Decision Pending Entry of Final Judgment and the transcript of the proceeding.  These documents are silent as to the agreement that John mentions.  John is ordered to continue to pay for Linda's medical and dental insurance out of his paycheck indefinitely until a disqualifying event occurs that allows the health insurers to remove Linda from the medical and dental insurance plans.  The judge also awards Linda attorney's fees of $1,000 for the needless defense of John's motion.

In the end, Linda has benefited.  However it was John who went to the consultation and John's desire to save about $1,500 for representation during his divorce has cost him $1,000 for Linda's lawyer and a payment of $447 per month indefinitely until Linda is disqualified from coverage under the Rhode Island Health Insurance Continuation Act by John's Health and Dental Insurer.  In one year along John will have paid $6,364 for attorney's fees and insurance costs.

If Linda isn't disqualified for five (5) years then John will have to pay $33,184 in insurance costs and attorney's fees.

Why do you need a Rhode Island Divorce Lawyer, John?

Assuming you paid the divorce lawyer even $1,800 . . . . he or she is likely to have saved you $31,384!

Need I say more?

Authored By:

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

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Rhode Island Divorce: Guardian Ad Litems for Adults

Appointing a guardian ad litem for adults in Rhode Island divorce cases isn't very common but it does occur.  Typically a guardian ad litem is an attorney (though the guidelines have changed recently to include non-lawyers particularly experienced and trained in dealing with people and issues requiring a guardian's skills) appointed by the court to represent the "best interests" of the individual and to make recommendations to the court as to what is in the person's best interests.

Now I put "best interests" in quotes because it is significantly different from simply representing the individual.

When an attorney or other person represents an individual they generally speak for that individual and advocate for exactly what that person wants.  That is not what a guardian ad litem does. 

Using appropriate factors the guardian ad litem uses his or her judgment to review he circumstances, speak with the individual, look at the case, review pertinent caselaw, perhaps even review medical records and ultimately recommend to the court what should be done in the "best interests" of the person that they are appointed to be the guardian for.  This is true even if the recommendations to the court are entirely contrary to what the individual wants done.

Thus, if John and Sarah are in a divorce and Sarah has a multiple personality disorder and goes back and forth between wanting one day of visitation with her children per week or 2 overnights and 3 full weekends per month for her visitation then the court might determine that Sarah, even with the assistance of her lawyer might not be in a correct state of mind to make the best decision for herself and for her children.

As a result, a judge may order that either Sarah, her children or both... have Guardian Ad Litems appointed for that proceeding.

Assume for a moment that Sarah has a guardian appointed and that the guardian for Sarah, after reviewing all the evidence in her Rhode Island divorce case, her medical records, etc.... that it would,  in fact, be best that she see her children more often, yet the guardian finds that Sarah has not been taking her prescribed medication to keep her condition under control and has missed over half of her counseling appointments.

Sarah's guardian ad litem may recommend to the court that Sarah have only one visit per week with her children until she shows that she can take her medicine and attend counseling on a regular basis to promote Sarah to make more progress for herself and for the benefit of a healthier relationship with her children.  This could very well be against Sarah's outrage and protests.

It is important to understand that in a Rhode Island Divorce proceeding, a Guardian Ad Litem represents the best interests of the person they are appointed to serve.  This does not mean they serve at the whim of the client or that they must do what the person they are appointed to represent controls their actions or the position they take.

A lawyer represents the client's interests and follows the client's directions within the reasonable direction of the client.

A guardian ad litem appointed by the court (or ever privately) represents the "best interests" of the person (s) they are appointed for, even if their advice, recommendation or counsel to the court is against the wishes of the person they have been appointed to represent.

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 - Medical Bills and Medical Expenses in Divorce

Rhode Island Divorce Question:

I am a mother who was awarded placement of my son, Theodore, by a Rhode Island family court judge at a hearing on Temporary Allowances.  The judge also ordered that while we sort out the entire divorce I am responsible for 1/2 of Theodore's medical bills and my husband is responsible for the other half.

After the order, Theodore got sick and I took him to the doctors and he was given a regimen of antibiotics.  I tried to explain to the doctor's office and the pharmacy that my husband had to pay half by the court order in our Rhode Island Divorce but they both made me pay the full co-pay for the appointment and prescription. 

I called my husband and told him he needed to pay me back half of the amounts I paid for our son per the divorce court's order.  He asked me to send him copies of the doctor's receipt and prescription receipt.  I sent him  the copies a week later.  I've waited another week now and I haven't received a dime from my husband.

Theodore has two follow-up  appointments coming up.  I just can't be footing the bill for all of this money up front.  What is going on?  How is this supposed to work?

Rhode Island Divorce Tip:

Your situation is an understandable one.  You are certainly not alone.  Many mothers and fathers who have placement of their minor children by a Rhode Island Divorce Court order find themselves in this situation.

Typically, the placement parent has the children and is the primary caretaker of the children.  As a result, parents often respond instinctively.  Parents don't typically pull out there divorce file and all the Orders that may be in it in order to analyze what they should do.  In fact, the thought of a parent doing that when his or her child is sick is somewhat absurd.

What a placement parent will do is to take the child to the doctor and get the child his or her medicine, just like you have done! 

Placement has its benefits.  As the placement parent, you have the benefit of being the person to be the primary caretaker of your child and have a substantial influence on their upbringing.  You often have the benefit of child support, and medical coverage or a medical financial contribution from the parent with visitation.  In the end, if you are the placement parent, you are very likely to get the tax deductions for the minor children in your care if the court makes such an order.

The point of explaining this to you is to help you understand that what you have describing is one of the small detriments that comes with being a placement parent.  It is usually referred to as "presentment". 

As the placement parent, typically it is the expectation that you pay for the medical costs upfront and then send copies as proof of payment to the other spouse so that (in this case) he has proof of the costs and can pay his 1/2 of the legitimate expenses that you have paid and a reasonable time to pay his (or her) share.

Providing the copies of the actual bills that have been paid and that the other parent is required to pay some portion of is known as "presentment". 

Typically courts will allow thirty (30) days as a reasonable presentment period (amount of notice by sending copies of the actual bills that that placement parent paid) to give the other parent the opportunity to make payment.

It should be noted that this is only a rule of thumb, that judges have discretion in this regard, and the amount, ages of the bills ,and the ability to verify the bill may all come into play.

In this case it is reasonable to allow thirty (30) days after the non-placement parent receives the proof of the bills for the non-placement parent to make payment pursuant to the Rhode Island Family Court's order.

Please note that this assumes that the information in the question is accurate.  Each person's situtation is different and other factors may affect the response to this question if the questioner has left out pertinent facts.

* 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.

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.

Rhode Island Divorce vs. Rhode Island Separation

Though it is rare, sometimes Rhode Islanders or those people who have an issue relating to the Rhode Island Family Courts will want a solution other than just getting a divorce.  One option you may consider is to become "legally separated".

Yet what is it though?  Essentially.... it's a divorce..... without the divorce!  Strange...but true.

You deal with the  issues in family court the same way you do a divorce but rather than dissolving the marriage, the legal marriage between you and your spouse remains.  The assets and debts are usually split and apportioned.

If there are children then placement and legal custody are determined by the Rhode Island Divorce judge.  Sometimes spousal support becomes a factor for consideration.  Visitation is usually established  for the non-placement parent and an order issues indicating that you are legally separated.

However, you remain married with all the legal benefits of marriage and the detriments as well.  For instance, you can still file your taxes as "Married filing Jointly" . . . but since you remain married you may not remarry.

Legal Separation is an avenue that I have seen very few people take because usually the marital breakdown does not lead to reconciliation or, if it does, a divorce proceeding usually brings the seriousness of the matter to a head more quickly than a legal separation.

The parties most seriously consider the ramifications of their actions in a divorce proceeding during the statutory cooling off period before the divorce is granted.  If there is any doubt about their decision
on both of their parts, they can decide to withdraw their Rhode Island Divorce from the court's consideration before the final judgment enters.

If, during the course of a legal separation proceeding a party knows that he or she wants a divorce, then the party can move to have the separation matter converted to one for a Rhode Island divorce.

The question as to whether to file for a Rhode Island Divorce or a Rhode Island Separation is one that is a matter of choice.  However, in my humble opinion, absent a compelling reason to opt for a legal separation and the end result that it provides, it is best to seriously considering filing a divorce proceeding.  This suggestion is not intended to advocate divorce, but rather is a suggestion of practicality. 

If a party has opted for a legal separation, in my opinion they may need to do so for the legal protections it affords while trying to sort out the marriage.  If this is the case then there is a loss of trust with the other spouse such that he or she needs to be compelled to continue to provide for the other or for the children.  In the absence of this trust and the need for court intervention to insure the protection of one party or the children, the result of a legal separation order, carries much less weight than that of a divorce decree.

There is something to be said for the idea that in a marriage, we are as spouses are bound to one another.  Neither of us may remarry and infidelity is most assuredly frowned upon.  We have obligations to our debts with our spouse and with our children, if there are any.  There is typically a reliance there and hopefully at some time in the relationship a bond of trust.

Yet the finality of a final judgment of a divorce is like the resounding tone of the thud of a tree as it falls in the forest.  Once cut from the ground it is separate and apart from the stump which has been a part of it and enabled it to get nourishment and the stump is now exposed and widened with a more difficult path of any type of growth a head.  It is the finality of the divorce decree that makes people think and
it is this factor that helps parties determine in the "cooling off period" between their hearing date and the date when the final judgment may enter that reconciliation is most likely.

So what happens if you get a Rhode Island Separation Decree and subsequently want to divorce your spouse?

You must file for divorce and go through the proceeding all over again.

Authored by:

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

Rhode Island Divorce Lawyer: Orders to Heed - Part 1

One tip your Rhode Island Divorce Lawyer may overlook is advising you in advance of filing a complaint for divorce is explaining to you the Rhode Island Family Court's Automatic Orders.

Automatic Orders - What are they?

Automatic Orders are just that, Orders of the Court carrying the full authority of law that apply to every divorce case filed in the Rhode Island Family Courts . The Automatic Orders are contained in an official form called, not surprisingly, Automatic Orders, that must be served upon the Defendant with the Plaintiff's Rhode Island Divorce Complaint, Summons and other accompanying documents that depend upon the factual circumstances of your specific case.

Who is bound by the Automatic Orders in a Rhode Island Divorce case?

Both the plaintiff and defendant (thus, both spouses) n a Rhode Island Divorce are bound by the Rhode Island Family Courts Automatic Orders.

What is the purpose of the Automatic Orders in a Rhode Island Divorce case?

There is no specifically stated purpose for the Automatic Orders of the Rhode Island Family court that anyone could direct you to and Rhode Island attorneys practicing in the area of divorce and family law may differ slightly about the phrasing of the purpose of the Automatic Orders, yet I believe the general principle can be summed up as "status quo".

The Automatic Orders substantially prohibit any significant changes in financial circumstances by either party, at least to the extent that such changes are in the party's control.  For example, neither party may change beneficiaries on life insurance policies or transfer or encumber property that is owned either individually or jointly.

The consistent statement and argument that I have personally heard used most both by Rhode Island Divorce and family law attorneys as well as judges is that the purpose of the court's Automatic Orders is to preserve the status quo between the parties.

Ultimately, the court doesn't want the parties playing games with the finances or items such as insurances, etc... that may adversely affect the other spouse during the divorce proceeding and therefore, unless the Automatic Orders are specifically modified by a motion presented to, and granted by the family court, the best rule of thumb is to continue managing all financial, asset and debt matters as it had been the parties' practice to do during the course of the marriage.

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Rhode Island Divorce - When are the Court's Automatic Orders Binding!

Once you sign your Rhode Island Divorce Complaint . . . you are bound!  What do I mean, right?

Under the Rhode Island General Laws, the Chief Justice of the Rhode Island Family Court, Jeremiah S. Jeremiah, has set in place Automatic Orders of the family court that apply to all divorce cases.  These Orders carry the full weight and authority of the law and the Rhode Island Family Court just as if they were generated as the result of a hearing before the court.  The purpose of these Automatic Orders is to preserve the "status quo" between the parties until the Rhode Island Family Court Judge assigned to the matter orders otherwise.  This essentially prevents the parties from "tampering" with finances, insurances, etc. . . which may place the other spouse at a disadvantage if things do not remain as the parties have historically maintained them.

For instance, the Automatic Orders would prohibit a spouse from removing the other spouse from his or her health insurance coverage from the moment the Automatic Orders are in effect for him or her.

The question then that is most crucial when considering the Automatic Orders of the Court is this . . "When do these Automatic Orders take effect?"

For the plaintiff, petitioner or filing party, the Automatic Orders of the Court are binding as soon as you sign the Complaint for Divorce.  For the spouse who is to be served, the Automatic Orders  are binding at the very moment they are served by a sheriff or constable.

As will be seen in another blog article posting, in a Rhode Island Divorce there is more to the Automatic Orders than meets the eye.  Rule of Thumb . . . when in doubt leave everything as it has been in the past.  Don't sell property.  Don't change insurances.  Don't make substantial additional charges on your credit cards.  In a nutshell . . . . don't play games or a judge just might find that your actions merit a quick trip to the ACI for a few days.

Authored by:

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

Call Chris today at (401) 632-6976 for your low-cost divorce consultation.

"Proud to Be Rhode Island's Most Affordable Full-Time Divorce and Family Law Lawyer"

Rhode Island Divorce - The Confusing DR-6 Financial Form

If you're in a Rhode Island Divorce proceeding you'll be introduced to a form known as the DR-6.  This form requires you to provide a variety of financial information.  It must be filed in any new divorce proceeding in the Rhode Island Family Courts and most people find it to be one of the more annoying tasks of their divorce.

The DR-6 Form that you MUST file at the time of your Rhode Island Divorce Complaint filing is your Statement of Assets and Financial Obligations.  It is usually a single page with front and back that must be completed.  The front side of the form contains your assets and income and the back side of the form contains your expenses and your debt.  Typically it has been understood that you only put your specific information on this form.

For instance, on the front side of the form, for income you would put your income if you are employed or any income that you receive personally.  You would not put down your combined income with your spouse.  In a Rhode Island Divorce is it important that the family court judge has a picture of what your income is in the marriage and what assets you have or that you claim an interest in now that your marriage has broken down.  This assists the court by giving information that the judge may consider pertinent in making an equitable distribution of the marital estate between you and your husband.

The top portion of the first side of the DR-6 Financial Form / Statement of Assets and Liabilities is typically covered by simply transferring the information from a weekly, bi-weekly or monthly paycheck into the various boxes that match up between the form and your paycheck.

The remainder of the front side of the DR-6 financial form seeks information about health and life insurances, bank accounts and assets such as a the value of your home or other real estate, tangible property, retirement accounts (i.e. 401k, 403b, IRA's, Pensions) and motor vehicles.

Other than the income portion of the front side of the DR-6 the remainder of the form seeks information that may overlap.  For instance, if you have a joint bank account with your spouse you would put this account down and how much is in the account because you both "own" that bank account as an asset.  However, it would be wise to note on the form that it is a "joint" bank account.  If you are approximating the value of anything, you may wish to put the notation "approx." beside the number or "best approx." for your best approximation as to what you believe the value may be.

The reverse side of this necessary form in your Rhode Island Divorce form is the expenses and expenditures information.  This provides the information of your current financial picture.  In otherwords, specifically what you are currently paying. 

The back of the DR-6 form is frequently misunderstood with good reason.  Many people fill out multiple columns since there are columns for weekly, bi-weekly and monthly on the form.  This happens even though the form indicates that you should select only one column.  One column should be selected and everything calculated based upon that single column.  Thus, you should calculate everything down to monthly, weekly or bi-weekly . . . whichever works best for you.

The bottom of the form gives a final calculation box the indicates the minimum amount of monies you need to meet your obligations.  This is what often confuses clients because it seems to tell them that they should put in everything that they might be responsible for, OR everything that has their name on it as an obligation, OR even a portion of everything they claim to have an interest in that has a payment on it.  The fear is that the judge will order the client to pay additional things that they haven't factored in to their DR-6 form and it will leave the client without monies to pay them.

Rhode Island divorces are hard enough without you having to stress over a confusing form.  This form is intended to be updated throughout the divorce process as often as necessary to keep the court up to date regarding the changing financial circumstances of each party.  It has been used by Rhode Island family court judges to help make suggestions regarding the equitable distribution of assets as well as a reasonable apportionment of debt between the parties.  It is also used to determine income for purposes of child support.  The form may also be very useful in determining whether the income and debt obligations between the parties support a possible determination by the court that there should be a deferred sale of the marital home if there are minor children of the parties and the income and assets of the parties is sufficient to sustain the home with the parties residing separately.

The DR-6 form can, and often is, confusing.  It is not something that clients truly need to stress over.  Just take the time to indicate your current financial picture, give your best approximations where exact figures are not possible and/or the information is not available and make sure you notify your attorney and update the form if your financial picture changes.

My business isn't divorce.  It's my job to get you successfully beyond divorce to a brighter tomorrow!

Authored by:

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

Call Chris today at (401) 632-6976 for your low-cost divorce consultation.  It could be worth half of 3.7 MILLION DOLLARS to have the right Rhode Island Divorce Lawyer on your side!