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November 2009

RI Family Lawyers' Tip: RI Family Law and Grounds for Divorce to Discuss with Your Lawyer!

It's important to know that the grounds listed for a Rhode Island Divorce are substantially greater than those listed on the Rhode Island Bar Association website.  

While the Rhode Island Bar Association website introduces you to the concept of irreconcilable differences and tells you to speak with your RI Family Lawyer about other grounds, It is too easy to shift the burden to RI Family Lawyers and leave readers believing that Rhode Island is merely a "no fault" state with a few additional grounds that you might discuss with your RI Family Lawyer if they come up.

Specifically, the Rhode Island General Laws 15-5-2 provides several other important  grounds for divorce in the State of Rhode Island in addition to "irreconcilable differences" which are as follows:


R.I.G.L. 15-5-2 Additional grounds for divorce.

      Divorces from the bond of marriage shall also be decreed for the following causes:

      (1) Impotency;

      (2) Adultery;

      (3) Extreme cruelty;

      (4) Willful desertion for five (5) years of either of the parties, or for willful desertion for a shorter period of time in the discretion of the court;

      (5) Continued drunkenness;

      (6) The habitual, excessive, and intemperate use of opium, morphine, or chloral;

      (7) Neglect and refusal, for the period of at least one year next before the filing of the petition, on the part of the husband to provide necessaries for the subsistence of his wife, the husband being of sufficient ability; and

      (8) Any other gross misbehavior and wickedness, in either of the parties, repugnant to and in violation of the marriage covenant.


These are all grounds that you should discuss with your RI Family Lawyer regarding your divorce if they are applicable to your case.  Keep in mind that your grounds for divorce are likely to affect your divorce proceeding in one or more ways.  Your RI Family Lawyer should take the time to explain to you any consequences of using a particular grounds for divorce that you may qualify for based upon your particular family circumstances.

Don't be afraid to ask your RI Family Lawyer about these grounds and what they mean to your case.  After all, this is your life!  Don't sit on the sidelines and let a divorce happen to you in RI or anywhere else.  This is your life!  You may have a house!  You may have children!  You may have assets!  You may have a broken heart!  You may be in need of healing.  

This is YOUR LIFE!  This is what you have invested your time and energy in.  It's not the time to sit on the sidelines and let any RI Family Lawyer or any RI Family Judge decide what happens to everything in YOUR LIFE!  

Retain control!  Be an adult!  Settle your case reasonably, no matter what the grounds and design a beautiful future for YOUR TOMORROW!

Authored By:

Christopher A. Pearsall, RI Family Lawyer

Rhode Island's Full-Time Family* 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!

* Rhode Island licenses all lawyers 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 | ChrisPearsall.com | LegalScholar.com | Pearsall-Law-Associates.comRhode Island Divorce Attorneys | Rhode Island Divorce Lawyers | 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 | Attorney Chris Pearsall at LawGuru.com


Rhode Island Bar Association Web Site on Divorce and Family Law

HOW DIVORCE LAW AFFECTS YOU


 WHAT ARE THE GROUNDS FOR DIVORCE?
 


A divorce in Rhode Island, in the majority of cases, is granted on the grounds of irreconcilable differences which have caused the breakdown of the marriage. There are various other grounds for divorces such as adultery or extreme cruelty which can be discussed with your attorney.


WHAT IS THE RESIDENCY REQUIREMENT FOR OBTAINING A DIVORCE IN THE RHODE ISLAND FAMILY COURT?

Divorce proceedings cannot be initiated unless you or your spouse have resided in Rhode Island for a period of one year.


 WHAT DO I NEED FOR THE FIRST VISIT TO MY LAWYER'S OFFICE?

To expedite your case, you should take your marriage certificate, copies of your most recent tax return, a picture of your spouse, a list of your family obligations and a list of questions you have for your lawyer. In addition, you should know the address, both residence and work of your spouse, together with all family members' place and date of birth.


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.
 

WHAT IS A RESTRAINING ORDER AND WHEN MIGHT I NEED ONE? 

Restraining orders are usually designed to prevent abuse of a spouse or to prevent removal of marital assets. Restraining orders may be applied for when necessary in cases of physical abuse, transfer of assets, etc. You can apply for a restraining order directly to Family Court without the help of a lawyer.
 

WHAT ABOUT CHILD SUPPORT?

The Family Court of Rhode Island has adopted a child support formula and guideline which is based on the incomes of both parents. Your attorney will be able to estimate the amount of support which might be ordered by the Court.


HOW ARE MARITAL ASSETS DIVIDED? 

Marriage is a partnership so an important issue in divorce is division of marital assets. Most cases are divided equally between spouses, but depending upon the specific facts of the case, there may be a different distribution of marital assets.


HOW IS ALIMONY GRANTED?

There are basically two types of alimony. Rehabilitative alimony is designed for short, definite periods of time, usually to help a spouse get back into the job market. In certain cases, because of age or disability, a court has the right to award alimony indefinitely.


WHAT SHOULD I KNOW ABOUT CUSTODY AND VISITATION?

The well-being of the child is a primary consideration in awarding custody. Your attorney will discuss with you the potential consequences of a contested child custody matter. If at all possible, visitation should continue between the parties even if they are separated, pending the hearing in the Family Court. The Family Court can set specific times that the non-custodial parent will have visitation. A custodial parent's failure to comply with a visitation schedule may result in a change in custody.
 

CAN DECISIONS MADE ABOUT CHILD SUPPORT, CUSTODY AND VISITATION BE CHANGED?

Even after your divorce has been finalized, the Family Court has the authority to change existing child support, visitation and custody arrangements.


WHEN DOES MY DIVORCE BECOME FINAL?

After filing a divorce complaint and the serving of a summons, the matter may be scheduled for hearing as an uncontested divorce after sixty (60) days. The divorce is not final until a final judgment has been signed by a Family Court Judge. It will not be signed until three months (3) and one day (1) have passed following your divorce hearing. Contested divorces take substantially longer to be heard and decided depending upon the matters to be resolved.

via www.ribar.com

The foregoing section is a brief question and answer section about Rhode Island divorce and domestic relations designed to help consumers in this area of law by the Rhode Island Bar Association.

Naturally it is not intended to be a comprehensive Rhode Island divorce guide for those who are looking for answers to their particular divorce or domestic relations case or issues. Rather, it is merely intended to be a helpful public service by providing general background in this area.

In fact, the Rhode Island Bar Association makes it a point to note that this information is not a substitute for legal advice and representation by a licensed attorney of the Rhode Island Bar.

In the interests of helping even people who come before the Rhode Island Family Court I will provide a series of short articles that address the questions presented by the Rhode Island Bar Association in slightly more detail.

However, in the same manner noted by the Rhode Island Bar Association, readers should note that EVERY case is different in one way or another and even a small difference from one case to another can (and often does) make a huge difference in the advice you receive from a licensed and qualified divorce and family law attorney.

All of the articles on RhodeIslandDivorceTips.com and associated websites are informational only.  They do not constitute legal advice, nor are they a substitute for legal advice rendered by an attorney licensed by the Rhode Island Supreme Court after a full and comprehensive interview with you about your case, including all relevant facts and surrounding circumstances and with consideration of the specific Rhode Island Law that applies or may apply to your particular divorce or family law circumstances.

See the first of these articles to be published soon.

Until then, my very best to all those people addressing a Rhode Island Divorce or family law conflict before the Rhode Island Family Courts.

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!

* 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 | ChrisPearsall.com | LegalScholar.com | Pearsall-Law-Associates.comRhode Island Divorce Attorneys | Rhode Island Divorce Lawyers | 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 | Attorney Chris Pearsall at LawGuru.com


Rhode Island Divorce Tips by Attorney Chris Pearsall is on LawGuru.com

An excellent website that Attorney Pearsall has participated on as a panel attorney for the past few years is 

LawGuru.com

It is a great resource for professionals and consumers alike.  We will try to keep you informed of great sites such as these throughout the internet to help you with your legal rights in Rhode Island and elsewhere.

My best to all our readers.

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!

* 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 | ChrisPearsall.com | LegalScholar.com | Pearsall-Law-Associates.comRhode Island Divorce Attorneys | Rhode Island Divorce Lawyers | 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 | Attorney Chris Pearsall at LawGuru.com


An Apology to My Readers

I apologize to my readers.

I created this website with the purpose of providing articles that assist the people who come before the Rhode Island Family Court with their family law matters.

Regrettably I diverged from this purpose and spent time and energy voicing my personal opposition to Judge Laureen D'Ambra for the open seat on our Rhode Island Supreme Court.

While I do not waiver from my opposition, this is not the forum within which to address it.

Therefore, I have removed the most recent articles.

Today I shall return to the purpose for which this website was created . . . namely, to benefit people in their Rhode Island Family Law matters.

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 Divorce and Family Law Coaching 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 | ChrisPearsall.com | LegalScholar.com | Pearsall-Law-Associates.comRhode Island Divorce Attorneys | Rhode Island Divorce Lawyers | 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 Settlements: The Top Two Things that Prevent Divorce Settlements!

Many things can prevent a Rhode Island Divorce Case from settling.  In fact, while I cannot speak for all attorneys in other states I tend to believe that people and attorneys do not differ that much from state to state.  With that in mind, these may, in fact, be the top two things that prevent divorces from settling on a national basis.

* The 2nd Greatest Thing that Prevents Divorce Settlements *

In my Rhode Island divorce practice, experience has taught me that "anger" is the second greatest contributor to the inability of parties, with or without attorneys, to reach a reasonable settlement in a divorce.

While divorce often evokes a plethora of emotions in one or both parties in a marriage, none seem as prominent or as powerful to delay and prolong the resolution of the divorce as "anger."  The anger may stem from any number of things ranging from a suddenly discovered long-term affair to a drug or gambling addiction and more.   As a divorce attorney I leave the treatment of a parties' anger to psychologists and therapists better equipped to address and treat its source and help divorcing parties deal with their mental and emotional dilemmas.

However, there is no doubt that as a divorce lawyer, I (and my colleagues) deal with the effects that the anger of either party has on the divorce proceeding.  These effects range from emotion filled meetings with angry clients who feel cheated and betrayed by their spouse to the vindictive decisions or actions of an opposing spouse with an outright desire to injure the other spouse emotionally or even physically.  

Divorce settlements are often prevented by the anger of one spouse at the other spouse.  Usually this takes the form of one or both spouses making demands in the settlement of their marriage that in some way justify the party's feelings or otherwise vindicate the spouse in some way by gaining more in the way of an apportionment of assets or less in the way of an assignment of marital debt.  Simply put this becomes a matter of getting something that makes the spouse feel that he or she "won" in some way over the other spouse.

In truth, there are no real winners in such a situation.  The anger merely costs the parties more physical, mental and emotional turmoil than is necessary and the attorneys make more money while the parties have less money in the end for their own needs.  

Even if one party views the divorce trial or settlement as a "win", it is merely an illusion.  No one wins in a divorce.  The only way to truly win is to resolve the issues you have at present and move on to a new and different future without the other person as your spouse.



Click the Rhode Island Divorce Tips link below to continue reading about:

 

Rhode Island Divorce Settlements:

The Two Greatest Things that Prevent Divorce Settlements

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 Divorce and Family Law Coaching 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 | ChrisPearsall.com | LegalScholar.com | Pearsall-Law-Associates.comRhode Island Divorce Attorneys | Rhode Island Divorce Lawyers | 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 |