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March 2011

Uncontested Rhode Island Divorces Are Divorce Lawyers Necessary?

Yes, Rhode Island divorce lawyers are necessary if you have a matter before a Rhode Island Family Court.

Why?  Simple.... you need to know what you are doing and unless you are able to teach yourself everything there is about family law like an experienced divorce lawyer then you need someone to guide you on the path.

Are divorce lawyers necessary for representation in every family law case?  In my humble opinion they are not.

Are divorce lawyers necessary to guide people in every family law case before the Rhode Island Family Law courts?  I believe they most certainly are.

It is one thing to do everything by yourself with only yourself to rely upon why you are out of your field of expertise, but it is an entirely different matter to dive into a courtroom with more than a 100 years of law and legal precedent behind you without any professional legal guidance and reasonably expect the result you were shooting for.

You will not find me recommending that you should go through your own divorce or other Rhode Island Family law matter without professional legal coaching.  To me, it's foolhardy.  A divorce is an important part of your life.  It is not something you leave to chance and then hope you can patch up any mistakes later.

It is too easy for you to cause and error that even the best lawyer can't undo in family court all because you didn't have any guidance and thought you knew better than the professionals.

This is precisely why I offer my coaching program.  It's affordable.  It allows you to save money in between coaching sessions.  It even affords you the opportunity to use me as your coach for as many or as few coaching sessions as you like.  Thus, you control the amount of time you spend coaching and how much effort you are willing to put into your own divorce instead of money.

At every turn you have an affordable solution that leaves you as the coaching client in control of the process, how much time is spent and how much money is spent.  Plus, YOU are in control of your own case yet have experienced professional legal guidance to help you along the way.

Divorce Coaching is the process of having a professional teach you how to properly represent yourself while insuring that you are advised of the possibilities and alternatives available to you and as many reasonably possible consequences that may result from your choice of the various alternatives.  Yet the choice is YOURS!  You are not controlled by the attorney your hire in representation as is often the case, but rather you hold the reigns.

You determine your destiny!  You decide what happens regarding your children, your assets, your debts, the direction your case takes, and the direction your case will take.

Do you know what you're doing in your Rhode Island Family Law Matter?

Wouldn't it be useful to have a roadmap with all the intricate backroads and important stops along the way?  Could you seriously get from New York City to San Antonio, Texas by car if you had never traveled between the two cities before?  

Without a roadmap it may take you three times longer if you just go by your gut feeling or try to take shortcuts that you think may be correct only to find yourself lost on a back road without any idea how to get back on track and no idea how to reach your destination!

We're necessary alright?  Without us, people are flying blind.  You won't know the big picture. You won't know the right steps to take?  You won't know how to stay on track.  You won't be aware of the pitfalls the may exist along the way.  Without divorce lawyers, people in the family court are merely sailboats cast adrift in the middle of an endless ocean with no compass and no sail to chart a direction.  

Get coaching today!  Don't make yourself a victim of the family court system!

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!

Visit 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 2000 to Present.  Christopher A. Pearsall, Esquire
 Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

Note: If this article contains a case scenario with names, dates or amounts, any resemblance any connection to any person or situation now or previously existing is purely accidental, unintentional, and is merely a mistaken creation in the mind of the reader.

* The Rhode Island Supreme Court licenses all attorneys in the general practice of law.  The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

- - 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| Attorney Chris Pearsall at LawGuru.com | Rhode Island Family Law Lawyer - RI Consumer Tips


Are Divorce Lawyers Necessary? Part I - Divorce Advice is ever Expanding.

As the founder of a divorce coaching program one would think that I am one who would say that divorce lawyers aren't necessary.  Yet the answer is actually to the contrary.  Yes, they are absolutely necessary.

The law regarding families and domestic relations is far from simple and it is evolving as fast as possible to keep up with the changing times.  

First you have what might be considered the old fashioned notion of a family.  This is the typical mother and a father who are married and have children.  Yet, society has grown and changed.  With the emergence of homosexual and lesbian parenting of adopted children or even children who are found to be abused within the old fashioned family unit comes new policies, new laws and new ideas of what truly constitutes a family and the limitations of marriage.

Divorce lawyers are at the forefront of the ever growing movements, ideas, and differing groups who proffer new ideas about what marriage should be, what it was intended to me, and the ramifications that result when all persons capable of loving one another are not afforded rights similar if not identical to those of the traditional mom/dad family unit.

With this plethora of change in the family arena comes legal questions not only about marriage but about divorce as well and what is not only fair and equitable but the resounding impact that each decision may have in the area of family law.

The new and constantly growing changes in the differing family models calls not only for religious, ethical, and intellectual debate and insight but legal thought and ramifications that could trigger a domino effect if not carefully considered in a tenacious legal context. In this regard divorce lawyers are without a doubt necessary.

Yet some believe that with with the LegalZoom, Prepaid Legal Services, various legal sub-professions such as the paralegal movement offering assistance in the nature of forms assistance, and even my own coaching program that divorce lawyers are no longer necessary.  To those holding this position, I must respectfully disagree.

Assistance in a form other than through an experienced divorce lawyer licensed to practice in your state or commonwealth is no substitute for the lawyer's assistance.  In fact, relying upon anything else is comparable to chancing your matter to a path strewn with bear traps waiting upon each foot fall to see if you have stepped in the wrong place with just enough pressure for those deadly jaws to suddenly and unknowingly thrust into your leg and hope that help comes along after the damage has been done.

Answering a question is always best addressed by examples and so I will dedicate a few articles over the next few weeks to demonstrating why divorce lawyers are, in fact, necessary.  In the end, there is no substitute for the help and assistance of an experienced and honorable divorce lawyer who fully advises you after being completely being made aware of your factual and legal circumstances.

Kindly look for Part II of this series which will focus on one or more specific divorce examples that will demonstrate the need for divorce lawyers now and for the foreseeable future.


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!

Visit 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 2000 to Present.  Christopher A. Pearsall, Esquire
 Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

Note: If this article contains a case scenario with names, dates or amounts, any resemblance any connection to any person or situation now or previously existing is purely accidental, unintentional, and is merely a mistaken creation in the mind of the reader.

* The Rhode Island Supreme Court licenses all attorneys in the general practice of law.  The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

- - 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| Attorney Chris Pearsall at LawGuru.com | Rhode Island Family Law Lawyer - RI Consumer Tips


Rhode Island Child Support Termination - An Experienced Lawyer's Coaching May Be All You Need!

Some people need to receive coaching from a licensed and experienced Rhode Island Divorce attorney so they can have some direction as to what they should be doing procedurally if they need to proceed before a court or an administrative body in Rhode Island. 

Patrick's Rhode Island child support case is a good example.  Patrick has been paying on a Rhode Island child support order for the past nine (9) years for his daughter, Constance.  Constance is not disabled and she has no mental health illnesses justifying extended child support.  Constance has graduated from high school and turns 18 years of age shortly.  Patrick already knows that his child support should generally end around the time that Constance turns age 18.  However, he doesn't know how to file the appropriate documents with the court so his child support is terminated properly in the Rhode Island Family Court.

After a detailed one (1) hour coaching session about the procedure for the proper termination of his garnished child support, Patrick is ready to prepare the documents he needs to have his garnishment and his child support terminated.  The one hour of legal coaching was just what Patrick needed to get the answers he needed.  By utilizing my legal Coaching services, Patrick was able to receive exactly what he needed at a price he could afford in a timely manner.

Rhode Island Divorce and Family Law Coaching is the wave of the future and it's here to stay.  People need affordable experienced help when free help isn't available.  Coaching provides the answer.

Do you need a little bit of help like Patrick?  Do you need some direction from a Rhode Island lawyer?  

Do you have all the information necessary to make the important decisions you need to make?  Are you sure?  Coaching is the answer. It saves you money.  It saves you time.  It provides you with understanding and knowledge you wouldn't otherwise receive elsewhere.  It provides you with the legal experience you need when you need it at a price that you can afford.

Don't go into any matter legally blind.  Many times you can't afford to be without a lawyer because in the end it will cost you much more than a single coaching session because you've overlooked something.

Don't be a victim.  It isn't necessary.  At a cost of only $135 for a one hour coaching and advice session with an experienced divorce and family law lawyer, it's something you can't afford to be without.

With one hour of help Patrick was able to file the proper motion, get it filed, served, attend the hearing fully prepared regarding what he should do  and submit a proper order to the court.  Without this coaching session Patrick's case might have been continued for any number of reasons.  Patrick's Rhode Island Child Support case might have been continued simply because he was wasting the Rhode Island family court's time because he didn't know what he was doing.  In the end a delay of 4 to 6 weeks could have cost Patrick an extra five hundred or more dollars in child support that wasn't necessary.

As usual, this ounce prevention by receiving the one hour coaching and legal advice session was worth more than a pound of cure too late.

Don't be victimized by your spouse or the system simply because your are penny wise and dollar foolish.  Coaching is here.  Take advantage of it and know your rights.  Knowledge is the key to informed decisions and knowing how to handle these situations.  Without this critical knowledge you can't make informed decisions.

Be informed.  Be advised.  Be protected.  Call for your coaching and advising session, today!


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!

Visit 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 2000 to Present.  Christopher A. Pearsall, Esquire
 Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

Note: If this article contains a case scenario with names, dates or amounts, any resemblance any connection to any person or situation now or previously existing is purely accidental, unintentional, and is merely a mistaken creation in the mind of the reader.

* The Rhode Island Supreme Court licenses all attorneys in the general practice of law.  The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

- - 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| Attorney Chris Pearsall at LawGuru.com | Rhode Island Family Law Lawyer - RI Consumer Tips


Rhode Island Marital Settlement Agreements - Approval vs. Non-Approval in RI Family Court!

One goal of any Rhode Island Divorce lawyer in resolving a divorce proceeding at a Nominal Hearing is to insure that the Marital Settlement Agreement of the parties is "approved" by the court.

Approved agreements are essentially validated or "given the stamp of approval" by the Rhode Island Family Court Judge.  To reach the level of court approval the Rhode Island Family Court Judge or Magistrate must have

(1) heard each party in the divorce testify under oath that the Marital Settlement Agreement was reached and entered into (usually signed) by him or her freely and voluntarily;

(2) heard each party in the divorce testify under oath that he or she believes the Marital Settlement Agreement to be a fair and equitable division of the parties' marital estate;

To be "approved" the Rhode Island Family Court Judge or Magistrate must

(A) be convinced that each party has "in fact" entered into the Marital Settlement Agreement freely and voluntarily free of duress, force or other coersion caused by the other party to the divorce; and

(B) be convinced that each party "in fact" believes that the Marital Settlement Agreement is a fair and equitable division of the Marital Estate of the parties; and

(C) review a Marital Settlement Agreement briefly to determine if any glaring issues regarding the minor children of the parties or regarding the parties themselves that may indicate a lack of protection of minor children or demonstrate immediately to a Judge or Magistrate a coersion of either of the parties; and

(D) find that the terms of the Marital Settlement appear to be fair and equitable and freely and voluntarily entered into by the parties based upon both of their testimony and therefore find that the Court "approves" the Marital Settlement Agreement as part of the Rhode Island Divorce Decision.

What is the significance of having your Marital Settlement Agreement "approved" versus an "unapproved" in a RI divorce proceeding?

An "approved" Marital Settlement Agreement is generally not subject to challenge as a valid and enforceable contract between the husband and wife in a divorce proceeding either in the Rhode Island Family Court or any other court with jurisdiction in Rhode Island to enforce contracts of this nature in Rhode Island.  This may often be carried over to other states and courts in those states which have the authority to recognize and enforce such contracts.

An "unapproved agreement" is usually one in which a party presents a Marital Settlement Agreement to the Court but the other party is not present to testify about the agreement and verify that he or she entered into it freely and voluntarily and that he or she considers it a fair and equitable division of the marital estate.  In such instances, without the absent spouses' testimony the court will usually allow the Marital Settlement Agreement to be offered into evidence, it will not approve the agreement because the court can only verify one party's testimony regarding the agreement.

An agreement that is not approved by the Rhode Island Family Court most often happens when the other spouse does not show up for the hearing but expects the other spouse to present the agreement they reached.  This is what I refer to as an "unapproved" because the court will not approve it in the Court's Decision.

 An "unapproved decision" is subject to being attacked as a contract at all.  Therefore, the absent party could deny any voluntary agreement, could deny his or her signature on the document, could refuse to acknowledge any validity of the document.  In essense, the absent party could state that the Marital Settlement Agreement is not a contract at all and therefore is not enforceable in the Rhode Island Family Court or in any other court for that matter.  

By being "unapproved" by the Rhode Island Family Court Judge or Magistrate in the divorce proceeding, the Marital Settlement Agreement may be challenged on any grounds that any contract may be challenged, and it must survive those challenges before most courts will even consider any attempt to enforce the terms contained in the Marital Settlement Agreement.

It is truly important to have Marital Settlement Agreements "approved" in Rhode Island Divorce proceedings so that they will be considered valid contracts and their terms immediately enforceable by the Court from the moment enforcement proceedings are commenced.


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!

Visit 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 2000 to Present.  Christopher A. Pearsall, Esquire
 Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

Note: If this article contains a case scenario with names, dates or amounts, any resemblance any connection to any person or situation now or previously existing is purely accidental, unintentional, and is merely a mistaken creation in the mind of the reader.

* The Rhode Island Supreme Court licenses all attorneys in the general practice of law.  The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

- - 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| Attorney Chris Pearsall at LawGuru.com | Rhode Island Family Law Lawyer - RI Consumer Tips