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June 2009

Make Your Rhode Island Divorce More Affordable with Two Simple Tips!

If you are convinced that you need a Rhode Island Divorce Lawyer from the moment you are served by the constable with the summons and divorce complaint, then you have doomed yourself to automatically shelling out more money for your divorce than you might have to.

As a Rhode Island lawyer I have practiced divorce and family law almost exclusively for nearly a decade and I have been writing on the subject for better than two years now.  Though I try to make all of my articles helpful to everyone, this particular article may only be helpful to one of two groups, either

1)  those of you who live near enough to the Rhode Island courthouse where your matter will be heard in order to appear at every court date;

or

2)  those litigants who find themselves in the Rhode Island Family Court for a divorce and have the financial means to travel to the court from wherever they may be at any given time in order to attend every court date in their divorce proceeding.

With this out of the way, let me strongly suggest to you that there are two simple things you could do in order to make your Rhode Island divorce more affordable.

Tip No. 1 - Represent yourself (i.e. be your own lawyer)  as far along in the process as you are able to.  

First, let me dispel a common divorce myth.  Here it is.  You are NOT required to have a lawyer to go through a Rhode Island Divorce proceeding, even if a judge tells you not to come back until you have a lawyer.

Some judges believe that it is always better for an individual to have a lawyer because a person who has no idea what they are doing can waste the court's time and wreak havoc on the court's schedule.

I must respectfully disagree with judges who harbor this belief.  I agree that an uninformed individual who comes before the court and is not prepared to properly proceed before the court can cause problems.  However, I believe that an informed individual who has taken the time to be informed about his or her rights and comes before the court with good intentions and reasonably endeavors to present his or her case before the court should be allowed that opportunity.  It should be the goal of every member of our judiciary to educate the public about the legal system and not simply require that they be led through it like cattle to pay a substantial price for our services.

So let me be clear on this aspect before I move on to Tip No. 2.    You have the absolute right to represent yourself in the Rhode Island Family Court.  It may be difficult to assert this right in the Rhode Island family court to proceed through your divorce, but you do have that right.  If you wish to represent yourself and you insist on doing so, the Rhode Island General Laws do not provide any statute that gives a Rhode Island Family Court Judge the power to order you to hire a lawyer for your divorce.

Practically speaking, the principle of representing yourself is commonsensical.  Many people do not have the monies to hire a divorce lawyer. Others simply do not wish to expend the monies to hire a lawyer.  The fact is that some people believe it is possible to represent their own interests better than any lawyer.  After all, it is your life now isn't it.  Who is going to look out for your best interests better than YOU?  A paid attorney?  No matter what the lawyer is paid . . . do you think he or she is going to have the care and concern for your life's issues that you will.  I'm sorry, but short of myself and a few lawyers I know with integrity that I find beyond reproach, I don't see it happening.

Representing yourself, at least as far as you feel you can go, is practical and it is cost saving.  Would you rather pay a divorce lawyer $500 to $700 or more to prepare a divorce complaint that you could prepare yourself if you had the forms and a little guidance?  Would you rather pay a divorce lawyer for something his secretary has probably done a million times, OR would you rather save yourself $300 to $500 just by getting a little guidance?   Tip No. 1 is purely about practicality but it goes hand in hand with Tip No. 2.

Tip No. 2 - Get a little guidance from a Rhode Island Lawyer who regularly practice Rhode Island Divorce Law!

Let me be clear on this tip.  Practical Tip No. 1 that I recommend to save you some money is worthless without Tip No. 2.  As much as people may think that a divorce is "No Big Deal!"  This is a part of your life and it is not one that you can take the chance to screw up. 

Think about it.  I am a Rhode Island Lawyer and I focus my law practice exclusively in the area of Divorce and Family Law.  If you think it's simple... I can tell you that you are sadly mistaken.  If it were simple, I would not have had to get a 4 year bachelor's degree, pass my thesis before an oral board of professors, attend law school for four (4) years and then pass the State of Rhode Island Bar examination in order to become a lawyer and then make my entire living solely based in the area of Divorce and Family law.  

Can it be that easy when I make my whole life's work in it?  Hardly!  In fact, keeping up with the legal changes of divorces on taxation, marital settlements, premarital property, estates, non-marital property, evidentiary changes in the admissibility of today's emails and forensic evidence, business valuations, property appreciations, psychological fathers versus biological fathers and the court's power with regard to each can be overwhelming to even the most dedicated of divorce practitioners.

This is precisely why Tip No. 1 and Tip No. 2 go hand in hand here.  Am I recommending that a person represent himself or herself in his or her divorce or Rhode Island family law proceeding.  Yes.... but..... only if you obtain professional guidance.

If this guidance comes from me in the way of my new Rhode Island Divorce and Family Law Coaching Practice Services GREAT!  If it comes from another Rhode island lawyer who is experienced in Rhode Island divorce law and is willing to give you the necessary guidance you need to get you through the rough spots.  However, DO NOT mistake the meaning of this article.  DO NOT undertake Tip No. 1 without getting legal guidance from a licensed Rhode Island lawyer who is experienced in the practice in divorce and family law.

I do not recommend that a person represent himself or herself in a Rhode Island divorce or family law proceeding without professional guidance, at a minimum, in the form of divorce or family law coaching.

If you don't have enough money to engage an attorney to handle your case from beginning to end or you simply don't want to pay an attorney for things that you could do yourself, then go ahead and move forward and represent yourself . . . . as long as you get guidance along the way.

Even a blind man has a cane to guide him and tell him where the bumps, dips and slopes are so that he can make it through his journey.

It is based upon this type of thinking and this article that I now offer Full-Time Rhode Island Divorce Coaching Services to help the people of Rhode Island and those who will come before the Rhode Island Family Court System.

If you need a guide to help you through a difficult divorce or family law situation, I welcome you to consider my services.  I am proud to be Rhode Island's First Full-Time Divorce and Family Law Lawyer Offering Coaching Services to save you time and money.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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

Call (401) 632-6976 Now
to
Schedule Your Rhode Island Divorce Coaching Session!

Copyright 2009.  Christopher A. Pearsall, Esquire
A New Rhode Island Divorce Lawyer for a New Millenium!

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

- - Recommended Websites - -
Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | Chris Pearsall | LegalScholar.com | Pearsall-Law-Associates.com | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers | RhodeIslandHomeBuyingTips.com | WholesaleQuiltBattingandFabrics.com


The Rhode Island Divorce Coach Answers: Legal Custody . . . will I lose my child?

Here is a quick coaching tip for anyone who has received a Motion to Change or Terminate Legal Custody that will be heard before the Rhode Island Family Courts.

First, if you must represent yourself in the Rhode Island Family Court System regarding this motion, make sure you understand the motion itself.

If the motion says "Legal Custody" and NOT "Physical Custody" or "Placement" then unless the motion uses some other words relating to where the child resides, then it deals with the fundamental right you have as a parent to participate in the decision making process for your biological or legally adopted minor children regarding 'major aspects" of the child's life. 

These "major aspects" of the child's life have generally been held to include (a) medical care, treatment and anything constituting a reasonably important health-related concern, (b) the religious upbringing of the child, (c) the child's education and schooling, (d) nature and form of discipline for the child, and (d) anything of a reasonably substantial nature affecting the general welfare of the child.

Generally speaking, if no order has been previously been issued by Rhode Island or any other state's court, then as long as there is no dispute as to who the biological parents are, a general presumption is often made (as it should be) by most Rhode Island family court judges, that each parent has an equal say as to the major aspects of the child's legal custody. 

When there is disagreement between the parents of the child, then the Court is called upon in a legal custody dispute to hear both sides of the issue and determine what is in the best interests of the minor child.  Note that I did not say that the judge rules in favor of one parent or another.  The court takes a special interest in protecting the minor child and, if necessary, the judge will fashion a remedy is in the best interests of the child based upon the circumstances and the disagreement of the parents.

In short, if "Legal Custody" and not "Physical Custody" or 'Placement" is the issue, the issue is not whether you will lose your child.  The issue will be whether the court will agree with your decision as a legal custodian of your minor child, or whether the judge finds any substantial conditions or circumstances regarding your ability to make proper decisions for your minor child is impaired to such a degree that your right to make decisions for your minor child should be limited or denied entirely.

Generally speaking, it has been my experience in my divorce and family law practice that judges are very hesitant to remove a parent's decision making rights as a legal custodian without substantial just cause.  Ultimately, a good rule of thumb I have followed is this.  If the court gets the impression that you are unable to make good decisions for yourself, its a safe bet that the judge may not believe you can make good decisions for a minor child.

What might constitute just cause to deny your legal custodial rights?  Criminal charges, Alcohol Addiction, Drug Addiction, Domestic Violence, and substantial inability to maintain employment and support your child or participate in your child's life for an extended period of time are just a few.

In the end, know what you are defending against and know what your shortcomings are and how to address them to the court.  Be respectful and present yourself in the best light possible.  If something in your present or your past doesn't make you look good to the court, try to make sure you get the time to explain to the court how it is unrelated to the decisions for your child or how your experience has helped you learn to make better decisions for your child.  An attitude of caring for your child's well-being over your own is always a plus.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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

Call (401) 632-6976 Now
to
Schedule Your Rhode Island Divorce Coaching Session!

Copyright 2009.  Christopher A. Pearsall, Esquire
A New Rhode Island Divorce Lawyer for a New Millenium!

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

- - Recommended Websites - -
Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | Chris Pearsall | LegalScholar.com | Pearsall-Law-Associates.com | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers | RhodeIslandHomeBuyingTips.com | WholesaleQuiltBattingandFabrics.com


Modifying Physical Placement of Your Teenager is just a Coach Call Away!

As a Rhode Island Divorce Lawyer I think I shocked one gentleman last week.  Generally speaking I was contacted by a father who had discussed with his ex-wife that their daughter (Age 16) wanted to go and live with her father for the next couple of years. 

Both the father and the mother agreed that if that is what the daughter wanted to do, that they were both agreeable to doing that.  However, they wanted to do it correctly and legally so that placement and child support were both addressed.

There was a pause as the man asked me how much it would cost if I were to handle this for him.  I explained to him that I could not quote him a price until I had a paid consultation with him to take at least 30 to 40 minutes to ask him all the pertinent questions, evaluate what needed to be done and properly advise him as the client of all legal ramifications of what he wanted done and explain how best to accomplish what he wanted done.  The man was annoyed that I would not provide him with a quote over the phone, but frankly speaking, no professional worth his or her salt will just throw out a price over the phone without a thorough consultation unless they are either desperate or inexperienced.

However, when the man asked me about my "Coaching service" and whether that would be an option.  I explained to the man that I could tell him that if he had something specific in mind to accomplish a particular task, that I could advise him if his method is correct, give him specific coaching as to how to accomplish the task he was trying to do in the family court, and let him know what his rights were with regard to trying to make the changes before the Rhode Island family court.  I explained to him that I provide a 1 hour minimum coaching session on each day and that the cost is $100 for that first hour.  Thereafter, the cost would be $25 for each 1/4th of an hour after that until he decided that he had received enough coaching or until I determined no other coaching was necessary.

The man asked if I could give him an indication as to whether I might know if it would be less expensive to have full consultation and then perform whatever work was necessary, or if he participated in my Divorce and Family Law Coaching Sessions. 

I recommended that this gentlemen participate in my Coaching process beacuse it was likely to take only 2 hours of coaching and would certainly cost less than 50% of what it might cost if he were to engage my services to perform the task myself.

The man was perplexed.  A few minutes later I was perplexed.

MAN:  Wouldn't that mean that you would make less money if I take your coaching as opposed to hiring you?

ATTORNEY PEARSALL:  Yes.

MAN:  But you won't give me the quote for doing the work yourself? 

ATTORNEY PEARSALL:  It's not that simple.  The two services aren't comparable.  They are different services and I am compensated differently for each because one is at a fixed rate and the other one is not.

MAN:  But my point is that you're encouraging me to a coaching service that makes you less money, right?

ATTORNEY PEARSALL:  [. . pausing somewhat . . ] Yes, but I'm not sure what your point is.

MAN:  Thank you for your time.

ATTORNEY PEARSALL:  Would you like to set up either a consultation or a coaching session?

MAN:  Not right now but I'll think about it.

ATTORNEY PEARSALL:  Before we end our conversation, do you mind if I ask you why I sense so much skepticism from you.

MAN:  Well, I just don't believe that any attorney would try to save a person money like that.  If you can coach someone for that amount then it must be pretty easy to do so you should be able to do it for me for that amount so either I should get an attorney who will do this for a few hundred dollars or I should be able to do it on my own.

ATTORNEY PEARSALL:  Well, thank you for your time.  My best of luck to you.

This is perhaps one of the most perplexing thought patterns that people harbor today based upon the public's preconceived notion that every attorney is some fat cat trying to make as much money as possible off each person that comes in their door.  Therefore, when a good-hearted family law attorney tries to better the legal profession and help people in a new and innovative way, it is presumed that the attorney must have an ulterior motive.

It's strange.  As lawyers, many people seem to believe that we are all crooked, greedy and overpaid despite the years of study it takes to achieve our legal doctorate.  Yet even lawyers like myself who are willing to provide alternate services and accept much less for our services and skills than the market provides, are stigmatized by that misconceived general public perception that we are lying greedy and overpaid. 

This misplaced generalization only serves to hurt good attorneys and the consumers they are trying to help.

Modifying placement of a teenage child is a matter that is subject to legal coaching.  It is not so excessive so that it cannot be done by a person who represents himself or herself and receives proper coaching.  It is therefore possible, economical, and best of all it is just a coaching call away.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Call (401) 632-6976 Now to Schedule
Your Rhode Island Divorce Coaching Session!

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

Copyright 2009.  Christopher A. Pearsall, Esquire
A New Rhode Island Divorce Lawyer for a New Millenium!

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

- - Recommended Websites - -
Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | Chris Pearsall | LegalScholar.com | Pearsall-Law-Associates.com | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers | RhodeIslandHomeBuyingTips.com | WholesaleQuiltBattingandFabrics.com