Rhode Island Divorce Coaching is a new concept but it is not to be confused with RI Divorce Mediation.
Rhode Island Divorce Mediators provide an atmosphere and services that facilitate the parties in a divorce to be able to reach an agreement for use in a divorce. The agreement is typically called a Marital Settlement Agreement or Property Settlement Agreement.
In a Rhode Island Divorce one of the most crucial aspects of reaching a successful conclusion is arriving at some type of settlement agreement with your spouse. If you and your spouse are able to reach a settlement agreement then that is perhaps the greatest hurdle you will face in the RI Divorce process.
Rhode Island Divorce Mediators focus their efforts almost invariably on the settlement aspect of the RI Divorce Process though each divorce mediator may do so in a slightly different way.
Rhode Island Divorce Coaching is designed to assist you through the divorce process. It is helpful both in an a contested and in an uncontested Rhode Island Divorces. The statistically the greatest successes in Rhode Island Divorce Coaching have occurred in uncontested divorce proceedings when the parties are intent upon resolving their divorce matter and the spouses are capable of peaceful communication between one another to reach an agreement about how their marriage should be resolved at the divorce hearing in each of its aspects. In this way Rhode Island Divorce Coaching is the most economical process for resolution of a Rhode Island Divorce.
Rhode Island Divorce Coaching is not equivalent to Rhode Divorce Mediation, nor does it simulate it in any way. In Rhode Island Divorce Mediation the goal is to reach, in the least, a Memorandum of Understanding, which to some degree memorializes what the spouses agree to regarding the major aspects of their RI Divorce Agreement (i.e. their Marital Settlement Agreement or Property Settlement Agreement).
Rhode Island Divorce Mediators have both spouses as their clients and act as a facilitator of the settlement process by using their skills in reaching an agreement between the spouses by mediating an agreement that works for each spouse to resolve the divorce.
As a Rhode Island Divorce Coach I have one client. It is the person who comes to me for coaching and legal advice. The objective of the RI Divorce Coaching is usually (1) to obtain legal advice and counsel regarding their legal rights in the stated situation, and/or (2) receive coaching about the pros and cons of various legal and non-legal options and issues involved, and/or (3) direction regarding how the legal procedure works based upon the stage of the RI divorce process the person has encountered, and/or (4) coaching about what might be the best approach to take in the divorce based upon the facts and/or law present at the time the Rhode Island Divorce Coaching is provided.
As a Rhode Island Divorce Coach I sometimes sit with both spouses in a divorce to reach a Marital Settlement Agreement. However, I do so with the clear understanding that I do, in fact, represent one party's interests and have only one party as my client. The other spouse present typically acts on their own without an attorney though that spouse certainly has the opportunity to engage an attorney to be present and represent him or her during the entire divorce process or simply to participate in a limited capacity during any settlement discussions.
Rhode Island Divorce Coaching in amicable divorces works most effectively when trust and communication still remains between the parties such that the husband and wife in the divorce both know that even if a lawyer is involved for one of the parties, that lawyer works at the request of the husband or wife (whoever may be the attorney's client) and that if the divorce lawyer is told by the spouse/client to follow his or her directions rather than what the divorce lawyer may indicate is the best option, then it is the lawyer's obligation to follow the reasonable directions of his client provided it is not illegal, in violation of the divorce lawyer's ethical obligations, or otherwise creates an insurmountable conflict of interest.
In a very general way the easiest way to understand Rhode Island Divorce Mediation is that the focus is on the agreement in the divorce to be reach by the spouses, both of whom are clients of the RI Mediatior. In Rhode Island Divorce Coaching the focus is on the entire process of divorce from the filing, to the agreement, and through the entry of the Final Judgment of Divorce depending upon the client's specific needs, however the Rhode Island Divorce Coach has only one of the two spouses as a client.
Christopher A. Pearsall, Attorney-at-Law
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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.
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