Rhode Island Divorce Lawyers | Affordable RI Divorce Lawyer Christopher A. Pearsall

Newport RI News Story - Video Surveillance in a RI Divorce can Land You in Hot Water Criminally!ly

Newport Police Log: Knoxville Man Arrested for Secretly Taping His Wife Having Sex

The following information was provided by the Newport Police Department. Arrests do not indicate a conviction.

• By Cara Kenefick

Brian N. Hamlet, 34, of 8208 Corteland Dr., Knoxville, Tenn., was arrested around 6:26 p.m. on Friday, Dec. 9, for three felony breaking and entering charges and three video voyeurism charges.

Police were dispatched to the station lobby to take a report of video voyeurism from the victim. The victim, who is in the U.S. Navy, said her estranged husband, also in the Navy, videotaped her having sex with another man on three separate occasions.

According to the woman, the two were in the middle of a divorce, and Hamlet had filed a complaint saying her relationship with the other man was a violation of Navy law.

Reports said Hamlet provided a DVD of the three separate acts to a naval investigator stationed in Groton, Conn. The investigator said Hamlet had made an allegation of adultery to medical staff, which triggered an investigation through her office. Hamlet reportedly provided the DVD to support his allegations, which took place on Nov. 18, 19, and 23.

The investigator told police Hamlet admitted to going into the house to place a video camera in her bedroom. He also reportedly said he went in again to change the camera angle to get a better picture.

Police investigated the victim’s home and could not find evidence of video taping devices or signs of forced entry. The woman said it was possible he was let in by cleaning staff. Neighbors also confirmed seeing Hamlet during that same time frame.

Hamlet surrendered himself to police while accompanied by his lawyer and refused to give a statement. 

The above reports detail arrests made by the Newport Police Department. Descriptions of all events are based solely on police officer reports provided to Patch.

See this article at the NewportPatch.  All rights and authority for this article belong to Patch and all their rights are reserved.  This article is noted as one of interest in the area of divorce, surveillance and possible criminal repercussions.  See many new and interesting articles at NewportPatch.

Panel makes recommendations for R.I. Family Court judges

PROVIDENCE, R.I. -- The Judicial Nominating Commission will forward to Governor Chafee its recommended candidates for two open Family Court judgeships.

The choices for the opening created by the ascension of Chief Judge Haiganush R. Bedrosian are Family Court Magistrate Patricia K. Asquith; East Greenwich Municipal Court Judge David N. Bazar; Rossie Lee Harris Jr.; Providence lawyer Susan Fink Hirsch; and Sandra A. Lanni, a trial attorney who has wanted to be a judge since 1993.

Contenders for the vacancy created by Judge Raymond E. Shawcross' retirement include Bazar, Harris, Hirsch and Lanni as well as Jane Fearing Howlett, a former Municipal Court judge in Bristol.

The posts will signal Chafee's first nominations to the state bench. State law calls for the governor to make a nomination to the Senate within 21 days of receiving the commission's list. 

May 12, 2011 5:11 pm

By Katie Mulvaney of the Providence Journal News with full credit to same.

I'm a Rhode Island Divorce Lawyer wanting to see more Uncontested RI Divorces!

Why does a Rhode Island Divorce Lawyer want to see more uncontested RI Divorces?  Doesn't fighting and conflict in a Rhode Island divorce create a longer divorce and more fees for the attorney?  The answer to the second question is "Yes."  So in light of that answer let me ask the first question again.

Why does a Rhode Island Divorce Lawyer want to see more uncontested RI Divorces if the lawyer is going to make less money?  The answer is a simple one that most people wouldn't expect to hear from a lawyer.  Here it is.  I care more about preserving families than I do about money.

So what preserves the family unit?  Amicable/Uncontested Divorces do.  

So what do YOU want in your divorce?  Do you want to waste your time and money?  Do you want to be bitter at your spouse?  Do you really want to pay a Rhode Island lawyer thousands and thousands of your hard earned dollars for a divorce that goes on and on and on?  

Or does it sound better to act like adults, be fair and reasonable with each other, pay as little as possible for your divorce, decide things for yourselves instead of letting lawyers and judges decide what happens in your life,  save your kids from being torn to shreds emotionally if you have children, and then continue on with your life as quickly as you can with as much money and assets as possible?

The fact is that amicable divorces are physically and emotionally better for YOU and your family, they save you money, and they are easier to get through.

Uncontested divorces are absolutely, positively the best way to go in the Rhode Island family court system unless you must go through the contested process.

As a Rhode Island lawyer I've tried to convince other lawyers to strive for earlier more realistic settlements in divorces and diffuse conflict rather than capitalizing on it simply because it may be what the client wants and would cause the case to run on and allow the lawyer to make more money.  

To date I seem to be one of the few RI Lawyers who advocates adamantly for amicable uncontested divorces because everything about uncontested divorces points to a more positive result for all involved.

Does every divorce end up being amicable?  No.  Why?  Sometimes it is the unreasonableness of a party.  Other times amicable divorces are prevented because one party has a mindset of "entitlement" to certain things as a result of contributions to the marriage, a spouse's treatment during the marriage, a spouse's conduct during the marriage, or the spouse's emotional state of mind because of the manner in which the marriage ended.  However, in my opinion 90% of these things could be resolved by a good attorney advocating for the preservation of the family unit simply by sacrificing some income.

In the end, many Rhode Island lawyers disagree with me about my divorce philosophy.  I am considered less than practical and do not think like a lawyer because I simply don't run with exactly a client tells me if it will make me more money.

Ultimately, however, life in my humble opinion is not about possessions and things.  Life is about how we spend our time.  This includes the relationships we build in our life, how we learn from each one and what we do with that knowledge.  Money is a thing that provides for more things.  While I can't provide my services for free, my Rhode Island Divorce Coaching Program and the reduced rates I quote the vast majority of my clients with an emphasis placed on settling your case reasonably speak volumes about the fact that I do, in fact care about my clients.

When it comes to Rhode Island divorce, I've been there at a time before I was a lawyer and before I knew anything whatsoever about Rhode Island divorce and family law.  I've been on every side of this coin.  I've been in my own case with a lawyer, without a lawyer, without any knowledge of divorce acting as my own lawyer, acting as a lawyer for myself, and now having helped hundreds of people through the divorce process in the RI Family Court System.

I doubt any lawyer in RI has had the rare opportunity to be part of the Rhode Island family court system in so many ways at so many times.  This gives me a unique perspective into virtually every case I have handled and helps me not only to understand my clients and their needs but allows me to represent my client's better.

No matter what, I know it's never easy.  So no matter what I want you to have an amicable divorce without all the physical stress, financial drain, emotional drain, extensive lost time from your life that could be better spent.

A successful Rhode Island divorce isn't about getting as many things for your client as you can.  It's about helping your client to a brighter tomorrow... whatever circumstances do that best!

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 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.com | Rhode 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

RI Child Support - A RI Lawyer's Child Support Coaching Tip

Do you have an uncontested RI divorce in Rhode Island's Family Court?  Or do you hope for one?

It's easy to make the same mistake some Rhode Island attorneys practicing divorce make, namely that joint physical placement of your children so that you each have the child or children exactly 50% of the time means that neither parent pays child support to the other parent.

The Rhode Island Child Support Guidelines are available to everyone at the Rhode Island Family Court Domestic Relations Clerk's desk/office.  Even a quick read of Rhode Island's Guidelines is informative and would put you on notice that while it is "possible" that there would be no child support payable from either parent to the other in such circumstances, it is just as possible that child support will still be payable to the lesser earning parent in the Rhode Island divorce or Child support proceedings.

Why is that the case in Rhode Island?  

Generally speaking it's not about you as the parent, it's about the children.  In a joint physical placement situation Rhode Island's Family Court Administrative Order 2002-03 which forms the substance of the Rhode Island Child Support Guidelines provides as follows in Joint/Shared Physical Custody situations,

In light of the unique nature of an individual joint or shared physical custody arrangement, the Court should exercise its discretion to determine an equitable child support obligation in accordance with the 2002 Monthly Basic Child Support Obligations Schedule and Child Support Guideline Worksheet.

Therefore, the Rhode Island Family Court Judge assigned to your case has a considerable amount of discretion when it comes to the support for your children.  It is NOT simply that by having your child(ren) half of the time that you automatically cancel out Rhode Island child support.

So what might the Rhode Island Family Court Judge do in your particular case.  Since each case is based on the facts and no two cases are identical, there is no real prediction that I, or any other Rhode Island attorney could make regarding any child support you may or may not have to pay.  However, reasonable speculation is possible by an experienced professional who hears the facts and determines what the possibilities might hold from the court's point of view.

So, in the first instance in any Rhode Island family court proceeding involving child support under the RI Child Support Guidelines, it is best to know that (1) having joint/shared physical custody of your children with the mother of the child(ren) does not mean "No Child Support.", and (2) the Court judge on your case has discretion in determining how much child support, if any, should be paid by one parent to the other parent when considering the best interests of the Minor Child(ren), and (3) it is still helpful in the long run to meet with a divorce lawyer who regularly has practiced Rhode Island divorce and family law to find out what a Court judge might possibly do regarding Rhode Island Child Support given your particular factual circumstances for a Rhode Island Child Support Order so that you and be adequately prepared for possible outcomes.

Ultimately, don't make the mistake of thinking that simply because you get the other parent to agree to joint/shared physical custody of the child(ren) that you won't have to pay any child support.  If you make that assumption you may find yourself sitting before a Rhode Island judge who suddenly orders you to pay hundreds per month to the mother of the child(ren) and now you have to pick your chin off the floor because you planned on using those monies for something else.

Need to plan for the possibilities or prepare for the worst?  

Call for a Rhode Island Child Support Advice and Coaching Session NOW!  

One hour for only $135 could save you thousands of dollars of headaches! 

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.com | Rhode 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

 

The RI Secret: You Can be Your Own Rhode Island Divorce Lawyer!

Yes, you can be your own Rhode Island Divorce lawyer.

First, you have the right to represent yourself in a legal proceeding.

Second, if your divorce isn't all that complicated then it's more than possible that you can handle it, after all if attorneys learned how to do it through law school and then through law practice then it must be achieveable, right?  Certainly!  Can you do it in every instance and still be effective?  No, most likely not because some divorce cases are just too complicated and literally require the experience the comes with practicing Rhode Island Family Law for year after year.

Yet how are you going to know if you don't give it a shot.  Should you do so without any direction whatsoever?  Frankly, I wouldn't recommend it.  Even the newest lawyers who enter the Rhode Island Family Courts want a little coaching or help from more knowledgeable practitioners.  So why don't you just do your homework, get a little legal help from a professional who has been doing this stuff for years and be your own Rhode Island Divorce Lawyer.

What might it do for you?

1.  First, you retain as much control of your case and your life as you possibly can.

2.  Second, you don't pay thousands of dollars to some man or woman that you don't know from Adam (or Eve) to hopefully protect your rights simply because you are paying them.  Thus you save money!  After all, who is better equipped to look out for your interests first and foremost than YOU!  Nobody!

3.  Third, you get a sense of accomplishment from doing something that a lawyer does.  Yes, there is a sense of pride in getting your own divorce accomplished without a lawyer.  It's like completing your own shed in your backyard without a carpenter or decorating the inside of your house so that you get kudos from the neighbors without a professional interior decorator.

So what is the secret?  Rhode Island Divorce Coaching!  That's it!  It's the help you need from a lawyer who has done this stuff when YOU need the lawyer, at a cost you can afford that is not going to break your wallet.

What's the real comparison?  Imagine this.  The typical lawyer with 12 years of experience exclusively practicing in the area of family law should be billing at a rate of $250 per hour and getting a minimum retainer of $2,500 up front to bill against.  Now consider that on average I have found that even uncontested divorces of the best kind are going to require 12 hours of a lawyers time.  That's $250 X 12 hours for a total of $3,000.

But what if I tell you that you do have a divorce that you can handle and I offer to coach you through each step.  How many steps are there you ask?  If it's truly uncontested then I've broken it down into 5 steps.  

So far 5 steps doesn't seem too bad, right?  I mean 5 isn't a big number at all.  But you are shrewd and you say but wait a minute, how much time goes into each step.  So I tell you that you need to spend an hour with me for each step.  So that isn't so bad at all, right?  5 hours of your time so you can do your own divorce and save money.  But how much money do you save?  You'd want to know, right!  Well, if it were at the correct rate of $250 for each hour then it would cost you a total of $1,250 so you'd save $1,750 now wouldn't you!  That's pretty darn good isn't it!

So there you are, waiting for that other foot to fall on this great Rhode Island Coaching Program, aren't you!  Most people would be so I wouldn't blame you one bit.

Here's the catch!  It's not $250 for each hour!  What if I told you it's only $135 per hour for you to learn how to professionally get from beginning to end in a divorce you can handle.  That is purely amazing!  It is so amazing that no other attorney will join me in doing this because they don't make enough money.

Here's the kicker!  This isn't about making a bunch of money!  This is about helping a lot more people to make the same money I would make if I charged $250.00 per hour.  You see I don't mind working harder if I know that I'm doing a good thing for people.  I want to make a difference!  Not a minor difference, but a REAL DIFFERENCE in the lives of people and what they think about lawyers.... I want people to know that there are still some good guys out here who do care about the people.

So I've become ridiculous and absurd to my colleagues!  5 sessions at $135 per session is only $675 for you to confidently go from learning about divorce to filing, through your hearing, getting the orders entered and getting divorced.  That is a savings of $2,325.00 on the easiest divorce possible!

Sound too good to be true?  Fine, sit down with me for the first hour!  Let me enlighten you about the process, the law, your rights, your options, and answer your questions and then see if you can honestly look me in the eye and tell me that another lawyer would do what I just did for you for $135.00

By the time you're done with the first hour you will be informed and have knowledge like you never believed and even if you never want to see me again beyond that first $135.00 session I guarantee you that I will have given you more information than any other family law attorney I know in a single hour.  You will be so informed that it will be virtually impossible for any lawyer that you want to hire to take advantage of you.

That cannot be beat!  In fact, if you want to you can ask me at the end of our meeting how you can save $300 to $500 off any attorney's full bill for your divorce just by doing one simple thing...all you need to do is ask!

Well, all I can do is put it out there!  My coaching clients swear by me and this program isn't offered by any other Rhode Island Attorney I know.

If you want to save a ton of money, keep control of your own case, and be your own Rhode Island Divorce Lawyer then just do this simple little thing.... get a little coaching from me . . . The Rhode Island Divorce Coach.

I look forward to helping you reach a better and brighter 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.com | Rhode 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

When Do Marital Property Claims End in a Rhode Island Divorce?

Question from Alfred:

I went through that Nominal Hearing and my wife and I settled everything in our Property Settlement Agreement that we gave to the judge at our hearing.  I had a chance to buy into a great business so I did it.  That business is a major money maker and my partner and I are doing great in just our first month.  Now my wife is claiming she is entitled to half of my interest in that business.  My lawyer says that isn't correct and she can't touch it.  What do you think Chris?

 

Answer to Alfred:

Well, Alfred there are a few details missing but I will try to answer appropriately.  If your Property Settlement Agreement doesn't include a clause in which your wife waives any interest she may have in after-acquired property that you may purchase then you are going to have a problem.  According to case law, marital assets are divisible by the court right up until the date the that the Final Judgment is signed.  Therefore, if you don't have an "after acquired property clause" to rely upon and ask the court to enforce and take into consideration from your Property Settlement Agreement, then if you purchased this new business interest and operated that business with anything other than monies you borrowed, monies you were gifted from a third-party, monies you inherited, or monies you received which were determined to be a premarital asset or from the sale of a premarital asset, then your wife does have a right to make a claim to part of your business interest or your income from this new business.

Hopefully there is an "after-acquired" property clause in your Property Settlement Agreement because a judge may well balance the equity of giving your wife any of that interest against her contractual waiver or any such interest voluntarily.  Even though a judge's order will trump any contractual provision in your Property Settlement Agreement, your family court judge may take into consideration the conduct of the parties during the course of the marriage, including your wife's voluntary waiver of any interest in anything you purchase after she signed the Property Settlement Agreement and find that the only equitable thing to do is to deny your wife any part of the business.

If you need further clarity please call and set up an in depth coaching session with me so I can give you an even more direct response to your question and get more facts.  It certainly sounds as though your new business is certainly worth one hour and the nominal $135 fee for the one hour appointment to protect your new business.  You can never be too safe in cases like these.

Remember, my response is only my best guestimation based upon only the information you provided and any number of answers to a few additional questions may change the information provided here. 

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.com | Rhode 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

Uncontested RI Divorces - Rhode Island Children Come First!

For each ten (10) calls I receive about how much it costs for a divorce each week, nine (9) of those calls describe the divorce situtation as uncontested.
 

Of those nine (9) divorces that are described to me as uncontested each week, eight (8) of them involve children.
 

In any divorce involving minor children there could be any number of legal issues that the court will want to know about, including legal custody, physical placement, visitation, shared holidays and vacations with the minor children, tax deductions for each minor child, child support, health and dental insurance, medical, dental, orthodontic, optical and other healthcare expenses uncovered by insurance, transportation of children, and other relevant issues regarding minor children.  That's quite a few legal issues.
 

Yet out of every nine (9) divorces that are described to me as uncontested, only one (1) person who calls me has addressed even half of these legal issues with his or her spouse.
 

Uncontested Divorces in Rhode Island are more than possible, they are the best way to resolve a divorce with your spouse, especially when minor children are involved.  So how do you do it?
 

This short article on Rhode Island Uncontested divorces shows you the key element when children are involved.  So here are three tips for parents of minor children in an uncontested RI Divorce from the Rhode Island Divorce Coach:
 

1.  Parent's Tip #1- Remember that the children come first.
 

2.  Spouses Tip #2 - Resolve the issues regarding the children first and foremost because that will resolve a majority of the major issues that the court will need to hear testimony about at the time of your nominal (i.e. friendly/uncontested) divorce hearing.
 

3.  Spouses Tip #3 - To resolve all issues in your divorce regarding your children, put the children's interests first and not your own.  You should be in a logical frame of mind and deal with one issue at a time.
 

Remember. . . in any divorce, especially an uncontested Rhode Island Divorce . . . Kids Come First!

 

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.com | Rhode 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

RI Child Custody Question - I'm the Custodial Parent. Can my ex stop me from moving out of RI?

Physical Child Custody Question: I have sole physical custody of my two children and we share joint legal custody. We have been divorced for three years . I currently live in Lincoln, RI and would like to buy a home in Franklin, MA. It is 17 miles away and a 25-30 minute drive. Can the father of my children prevent me from moving such a short distance? There is nothing in our divorce decree that addresses this issue. He currently lives across the street from me and does not want to drive 25 minutes to pick them up or drop them off. I have agreed to meet him half way for visitation but he still has contacted a lawyer. Does he have a valid case?

Rhode Island Custody Lawyer and Coach Answers: 

Yes, your ex-husband can validly petition the Rhode Island Family Court for an Order preventing you from moving with the Minor Children out of the state. It is not so much the distance that is the issue. The issue arises in the fact that you want to move the Minor Children outside the geographical boundaries of the State of Rhode Island. It is irrelevant that there is nothing in your divorce decree or any marital settlement agreement that you may have had that addresses the issue. Courts and parties are rarely able to address every type of situation that might arise in a family after a divorce occurs, although this issue is a bit more common. However, your ex-husband should make sure he gets an experienced Rhode Island Divorce and Family law attorney to advise him regarding this issue. 

Why do I say this? 

Because the information he would receive would be substantially in your favor. Rhode Island case law is fairly clear that absent your ex-husband proving that you are moving for a vindictive reason such as to deprive him of his visitation or to make things more difficult for him, then as the placement parent (parent with physical custody) you only need to demonstrate to the court that you have a good reason for moving with the children. 

The reason can be anything from buying a house for the children, moving for a new job opportunity, better school systems for the children in the new area you would move to, a better neighborhood for the children, one or more family members live in the new area you propose to move to, etc... but all your reasoning should collectively be for the benefit of the minor children.

Generally speaking a "good reason" seems to be any reason that makes sense for the best interests of the children and you as the placement parent, other than one that vindictively is designed to hurt the other parent in some way. Therefore, even though your ex-husband has a valid case he can make before the court, based upon the facts you have provided here, he is unlikely to prevail in preventing you from moving with the children unless he can prove the vindictive reason for moving the children. 

Helpful Family Law Tip: 

To protect yourself, put your offer to meet him half way for his visitation and your desire that you don't want his relationship with his children to change in writing and spell out all the excellent reasons you have for moving with the kids and how it would benefit them. This might prove to be an excellent piece of evidence you might be able to present to the court at a later date if you need to.

I wish you the very best of luck.  I have addressed this issue over the years and it is one I am well versed in.  Your greatest challenge is not your legal issue.   

If you need further assistance, do not hesitate to contact me at (401) 632-6976 or review one of my helpful Rhode Island Divorce and Family Law Websites listed on this page.

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 2007 to Present.  Christopher A. Pearsall, Esquire
 Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

* 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.com | Rhode 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

A Call about Lawyer Christopher Pearsall as Rhode Island's Most Affordable Divorce Lawyer

A man called me yesterday asking how I claim to be Rhode Island's Most Affordable Divorce Lawyer. 

In a nutshell, divorce isn't something I do, it's all I do. No distractions by other legal specialties. I'm not a jack of all trades, I've chosen to master ONE.... Rhode Island Divorce.  Add this to the fact that I give EVERY client a personalized quote based upon each client's circumstances. 

If you put my skills and experience against those of my competitors not a single one of my quotes is at the hourly range that any of my competitors charge. 

Remember, we're talking about affordable, QUALITY Rhode Island divorce services, not simply a cheap quote or flat fee for a divorce from a lawyer who only handles a few divorces a year.  So as far as skills and price are concerned, I do, in fact consider myself the most affordable divorce lawyer and coach in Rhode Island and I believe I do so with honesty and integrity. 

Even the new coaching program I have developed is focused on the client and is intended to provide high quality family law services for the lowest prices possible.

Do you want high quality divorce services at prices that can't  be beat?  

Call me at (401) 632-6976 for your low-cost coaching and advice session today and get the facts!

Authored by:  Christopher A. Pearsall, Attorney-at-Law
Copyright 2010 to the Present (Christopher A. Pearsall, Esquire and Rhode Island Divorce & Coaching Institute)

RI Pre-Marital Assets - Your Divorce, Your Assets . . . or Are they?

In a Rhode Island Divorce proceeding, you do not have the luxury of claiming any asset is "pre-marital" and then doing whatever you want to with it.  

Until your RI Divorce Judge determines that an asset is "pre-marital", you must presume that it falls within the power of the Rhode Island Family Court.

While you can certainly take the position that an asset is "pre-marital" in your divorce proceeding, it is not within your power to determine that an item is, in fact, "pre-marital" so that you can do whatever you like with the asset.  

In fact, taking an asset and disposing of it at you see fit, especially without at least giving 50% of the value of the asset to your spouse, is likely to lead to a Motion for Willful Contempt for taking action in violation of the Automatic Orders of the Court.  

Automatic Orders of the Court apply to every divorce proceeding and violation of those Orders is punishable by numerous remedies the Rhode Island Family Court Judge may avail himself or herself of, including but not limited to, incarceration at the Adult Correctional Institution, sanctions, fines, attorney's fees awards etc. . .

Remember, each "pre-marital asset" should be considered separately and a good Rhode Island Divorce Coach / Lawyer will help you identify whether or not an asset is likely to be considered (1) entirely pre-marital, (2) partially pre-marital, or (3) not pre-marital at all because its character changed from pre-marital to marital during the course of the marriage.

Though an asset in a divorce may change character in a multitude of ways, consider the following example.

For example, Jill owns a house and its property prior to the marriage. During her marriage to Tim, Jill adds Tim's name to the deed.  Though Jill may still argue that the house and property are still a pre-marital asset, or the value of them before she married Tim is pre-marital, her argument should fail because she changed the character of the property from "hers" to "theirs."  By adding Tim's name to the deed Jill actively and intentionally changed the house and its property from "pre-marital" to "marital."

Remember that In any Rhode Island divorce, the divorce lawyers make arguments for their clients.  You have the power to make the same arguments for yourself, if you understand the arguments that you have available to you.

Do you know what arguments are available to you regarding your assets?  A Rhode Island Divorce Coaching Session may help you get a better grasp on holding on to your assets.  If you represent yourself, it may give you just the edge you need.

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 2007 to Present.  Christopher A. Pearsall, Esquire
 Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

* 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.com | Rhode 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