Rhode Island Divorce Tips

Fundamentally Rhode Island divorce complaints aren't particularly complicated.  The content of the form follows a standard format and recites specific facts necessary to establish jurisdiction for the court, the date of marriage, that a breakdown has occurred and it's basis, the existence of children and their dates of birth and then your request for relief.

Attorneys differ regarding how a request for relief should be phrased, what should be included and what should not be included as a matter of common practice.  Often times it is the relief that you are requesting that you as the client should look carefully at.

What does your Rhode Island attorney have you formally requesting in your divorce complaint?

As the client it is up to you what is sought in the way of relief.  If alimony is not an option and you do not now .... nor ever would . . want alimony. . . then you should have your attorney take it out.  It is senseless to ask for something you would never want.  Plus, you run the risk of angering your spouse by asking for something that she might consider offensive.  In that case, that one little thing may turn an amicable situation into a bitter and costly contested divorce.

In the end, however, if there is something that is included in the request for relief and you are not sure if you want it or not, it is better to err on the side of caution by putting it in your divorce complaint rather than leaving it out and risk a judge later determining that you waived your right to request that relief by not including it in the first instance.

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.

I've seen it in larger law firms and practices and I've adopted it for my own divorce practice in Rhode Island.  It's a questionaire.  There's more too it than that obviously, but it's one of the things I have found to be the most helpful for my clients and . .  . in the long run. . . . for me as their divorce attorney.

Yet here is the problem.  Some clients find questionaires to be mundane and boring and they don't really see the value in filling them out completely or correctly.  Some clients will just skip what they don't know off the top of their heads and expect the lawyer to fill in the blanks later.

Folks, I can tell you that questionaires are the key to saving money and developing an effective way for attorneys to properly represent the client.

Imagine there is a lazy client who fills in a divorce questionaire poorly with lots of gaps and unanswered information.  That means the attorney that lazy client hired has to take time to prod you and dig for information that is most likely easier and more cost effective for the lazy client to get.

Yet the lazy client who didn't want to fill out the questionaire will probably breathe fire from his or her nostrils when they get the bill from the attorney for finishing the questionaire by digging for the information.

Whether you have a divorce in Rhode Island or in another state, it doesn't matter.  If you are provided with a questionaire by the attorney, fill it out completely and as legibly as possible.  The attorney is providing you with a valuable tool to help the attorney and save you money.   Use it wisely.

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.

There is nothing more powerful than information.  When you are headed for divorce, the more information you have the better. What do I mean?   I mean . . . do your divorce homework.

Take a look at the Rhode Island laws governing divorce and read through them.

Is it your attorney's job to guide you through the process?  Absolutely.

Yet it would be ridiculous for anyone to think they will master the divorce process by the time they complete their first, second or even third divorce (if they have the displeasure of going through more than one).

By being an informed client you can think about the issues in advance and know what you would like to do in a particular situation. Ultimately YOU are the client and you are the one who makes the major decisions on what you will and will not agree to if you want to reach a divorce settlement.

You have a substantially greater chance at being more effective, calmer and more helpful and cost efficient for your attorney if you do your divorce homework. In this case I mean that you should read the Divorce Laws for Rhode Island which are found here.

Rhode Island Domestic Relations Laws

Not all the sections will relate to your particular case but most of the time you can pick those that aren't likely to apply.

Then, do some research at some different websites on the internet but try to be specific to Rhode Island Divorce otherwise it is very easy to become misinformed.

By doing your homework you can help your attorney and yourself get to a faster resolution.

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.

Generally speaking I've noticed in my Rhode Island Divorce practice that many men have a the same frequent question.

Will it hurt me with the court if I leave my house?

This question usually comes at a point when the marriage relationship for the Rhode Island couple has broken down to the point where one or both parties believe it is better for them to live separately than together due to the hostility, anger, hurt, need for space, or the effect it is causing on the children.

Most of the men who have been my clients believed or believe that leaving the house will hurt their financial interest in the house or any chance of getting the house in a settlement.   This does not necessarily follow though.

If you are headed for divorce, the Rhode Island family court judge will be dealing with the assets that you and your spouse have as well as your debts and your conduct (among other things).  Perhaps the most significant aspect the court justice will look at is your conduct after leaving the house.

The rationale is that the house is an asset and it needs to be preserved.  If you leave the house and it has an outstanding mortgage, taxes and insurances that need to be paid on it and you continue to pay your share of those "carrying costs" for the upkeep of the value of that asset, then it is likely that leaving the house will not hurt your financial investment in the house.

However, if you were to leave the house, stop contributing to the house entirely and then file for divorce a year later without contributing, then most Rhode Island family court judges would probably agree that some adjustment needs to be made to your share of any equity (or debt) that results from the house because you shirked your responsibilities with respect to the marital assets.

Don't expect their to be any concern or consideration for any living expenses that you might have needed in order to survive.  That is not an aspect within the divorce proceeding that the court needs to consider or account for.  Though it may well be within the discretion of the family court judges in Rhode Island to consider your expenses, if they want to. . . . I have yet to see a judge consider it.

Why?  The judge's concerned with the marital relationship.  The living expenses of the spouse that left the house are not part of the "marital relationship", rather that is something you have voluntarily undertaken.  If you can't handle your living expenses and continue your contribution to the marital assets such as your house, then there are consequences to such financial shortfalls both temporarily and in the long term depending upon if your divorce is resolved or goes to trial.

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.

It's unfortunate if your Rhode Island Divorce goes to trial.  This probably means that you've made attempts at settlement, perhaps attended a few motion hearings and pre-trials and still didn't reach a resolution.

Now the tendency is to want to start the trial, get on the stand and then just tell your story in whatever way you want to tell it so that the Judge can see your side of things in this Rhode Island divorce and that you will hopefully get a "fair shake".

Can you try to do that in your Rhode Island Divorce proceeding? 

Certainly! 

However, you can also take a shotgun and shoot yourself in the foot but that's not really advisable.

If you have a Rhode Island lawyer who is versed in divorce and family law and has been through Rhode Island divorce matters on multiple occasions, then trust him or her to know what is in your best interests.

The client on the witness stand often does not know that if they try to tell their story and the opposing counsel objects, moves to strike the testimony and gets it stricken that what they have just said . . . is not evidence and other than the judge hearing something that he or she is not supposed to consider in the trial . . . . it is substantially worthless.

In truth, the client with a mindset that he or she can get on the witness stand and just tell everything under the sun about his or her case without being stopped, without it being stricken, and without questions being asked by his or her counsel might just as well try to act "Pro Se" because they are likely to disregard their attorneys' advice, do exactly what they want to do on the witness stand, and sabotage their own case that the attorney has planned out to present in the most favorable fashion.

In a Rhode Island divorce proceeding everything you or a witness has to say is not evidence.  There are rules for evidence which include foundations, personal knowledge, and general assurances of veracity.

If you are a person who wants to tell your story of what happened in your divorce AND you are going to tell it your way regardless of the questions your attorney asks you, then you might as well shoot yourself in the foot and fire your attorney before the trial and go it on your own.

Attorneys do not go through all their schooling for nothing and a divorce trial is subject to rules of procedure and rules of evidence in Rhode Island.

So, all things being equal, if you are not going to listen to your attorney and tell your story your own way rather than answering the questions you are asked, then all you are going to do is completely confuse your attorney, most likely come out with a poor result, and then blame the attorney for your insistence on doing things your way.  If this is going to be the result, save yourself some money and save your attorney the aggravation of trying to get you a successful result when you are most likely hurting your own case.

If you have an attorney, then you should trust him or her to know what to do and to lead you through the trial. You should listen to the questions being asked direct your attention to the answers to those questions and move on.  It's like the hare and the tortoise slow and steady wins the race.

All My Best to You on Your Journey Through The RI Family Court,
Attorney Christopher A. Pearsall a.k.a. "The Rhode Island Divorce Coach"™