Rhode Island Divorce Tips by Attorney Chris Pearsall

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

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

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!

Consider using 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 2009.  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.  There is no recognition for specialization of attorneys in any area of law.

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Coaching Tip from the RI Divorce Coach - Stock Inherited by One Spouse

Dear Rhode Island Divorce Coach,

I inherited some stock from my brother who died while my husband and I were in the process of our divorce in Rhode Island.  Are these stocks mine or will the court make us split them?  Any help you could give during this difficult divorce issue would be helpful.  Thanks.   Pam

Dear Pam:

Thank you for allowing me to share this fairly common issue with my Rhode Island Divorce Tips readers by changing your name and the name of your spouse and a few other things to protect your anonymity.  I'll give the short answer here but I addressed it in more detail at RhodeIslandDivorceCoach.com.

The article link is below:

Rhode Island Divorce Coach's Tip on Inherited Stock

The general rules are noted below but it is best to read the entire article at the link above.  As always, it is advisable that you consult with the licensed and experienced professional who can advise you after a complete review of all the facts and circumstances surrounding your Rhode Island divorce or family law matter.  Articles do not take the place of advice provided by a qualified professional who is informed about your specific case since even one small detail can affect the answer to your legal issue.

General Rule:  Items inherited solely by either party are not part of the marital estate and are the property of the individual who inherited them and are not subject to division by the Rhode Island Family Court.  

General Exception:  If the person who inherited an item commingles (mixes) that item in with marital property that IS subject to division, then the court may find that the inherited item has lost its "inherited character" and has become a marital asset of both parties which is subject to the court's power of division.

Warm Regards,

Christopher A. Pearsall

The Rhode Island Divorce Coach *

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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

Call (401) 632-6976 Now
and
Schedule Your Rhode Island Divorce* or Family Law* Coaching Session Now!

Copyright 2009.  Christopher A. Pearsall, Esquire
A New Rhode Island Divorce Lawyering Practice -  Family Law Coaching for a New Millenium!

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

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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 | WholesaleQuiltBatting.com  | 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 | Rhode Island Home Buying Tips

Rhode Island Divorce Attorney - Thoughts on Inheritances!

Rhode Island divorce and inheritances can and often do become a little more complicated than most parties in a divorce action would like. As with most divorces there can be quite a bit of emotion by one party or both and the instinctual nature of the parties is to try to apply common sense to what should happen to an inheritance in a divorce. Many times that common sensical approach can be right. Yet it's the job of lawyers to make our best arguments in an effort to achieve the best possible results for our clients.

Consider this scenario of an inheritance issue.

Drake and Colleen have been married for fifteen (15) years. They have several children and get along famously with Drake's parents who have a grand home in Narragansett, Rhode Island. In the early years of their marriage Drake, Colleen and their children frequently visited Drake's parents and stayed with them in their Narragansett home.

While both of the Drake's parents are alive they spoke with Drake and Colleen and told them, in the presence of several witnesses, that they would amend their wills and that when they die Drake and Colleen will inherit the Narragansett property.

Drake's mother passes away suddenly and the visits to Narragansett become less frequent.

Drake has grown out of love with Colleen and he files for divorce in Providence Family Court. While the divorce proceedings are pending Drake's father passes away leaving the Narragansett home and a $20,000 bank account solely to Drake.

Now ask yourself if you know the answers to these legal questions:

Can Colleen claim an interest in the Narragansett home if she can produce one or more witnesses who heard the Drake parents talk about amending their Wills?

Does it make any difference that Drake's parent's used the word "would" when talking about amending their Wills instead of the words "should" or "will"?

Would it matter if Colleen heard the real estate taxes were coming due on the Narragansett home and she ran down to the tax collector's office in Narragansett and paid the first quarter of the taxes without Drake knowing it?

Assume that Drake wants to use the $20,000 bank account he inherited to make badly needed repairs to the Narragansett home. Drake puts the $20,000 into his joint bank account with Colleen temporarily (only for two weeks) before transferring the monies into a new account that is just in his own name. Does this pose any issues with the monies?

What issues might this pose with the Narragansett home, if any?    

Authored by:

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

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

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 based on Rhode Island and 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: Commingling of Assets

Rhode Island Divorce comes with some interesting questions of law, especially when it comes to property, real estate, personal property and otherwise.

One concept that everyone going through a Rhode Island divorce should be aware of is the principle of "commingling".

This can, and sometimes is, a very arguable concept in a Rhode Island Divorce proceeding and the purpose of this blog post is only to make you aware of its significance.  You shouldn't base any decisions on this posting.  Just be aware that this concept exists and that it could affect various items of property that you do have that may be subject to equitable distribution in your marriage.

Generally speaking, the principle of "Commingling" takes into account the idea that if you have something that you have thought of as "yours". . . for instance, something that is either pre-marital that you own or a gift or an inheritance that you received, and you treat that property in such a way that it was either used by you and your spouse or perhaps if it even was intended that you and your spouse both use it and have the benefit of it, then you have taken something that was separate and distinct that was YOURS and you have now commingled it with your spouse such that it has now become a marital asset.  Once the court determines that something is a marital asset, it has lost its individual character and it is now subject to equitable distribution in your Rhode Island divorce action.

What does that mean practically speaking?  Your spouse is entitled to claim that he or she is entitled to part of that asset or part of its value and you may have no way of stopping him or her from doing so.

Commingling is hard to prevent.  You must usually take fairly extreme measures to isolate the item from your spouse completely.  No contribution, no usage, no payment of storage fees for the item, no cleaning of the item, NOTHING. 

The end result.  If you want to truly protect something that you have from being considered part of your marital estate should you ever be faced with a divorce proceeding, get a pre-nuptual agreement at least as to those few things.  An understanding spouse will realize that all you are doing is protecting a family heirloom or whatever the item may be and not that you anticipate anything other than being with him or her forever.

Authored by:

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