Rhode Island Divorce and Family Law Attorney | Attorney Christopher Pearsall

So you Want to Hire A Rhode Island Divorce Lawyer?

The first question I usually get is this . . .  Why you?  A dialogue may help understand how I explain it from my end.  You can of course determine if the prospective client's dialogue is similar to what you might ask or perhaps you'd like to ask me something different.

So let's take Lincoln and say he's a fellow with a divorce that comes into my office to interview me because after all that's that happens if you're not looking for legal advice, the client is interviewing for a good Rhode Island Divorce Attorney and the Rhode Island Attorney is interviewing for clients who can pay their fee and act and deal reasonably with the attorney.

Lincoln:  Hello Mr. Pearsall, thank you for meeting with me.

Attorney Pearsall:  Lincoln, Please call me Chris.  We can relate better without all the titles and formality.

Lincoln:  Okay.

Attorney Pearsall:  Generally what I like to do is this.  You go ahead and talk.  If you want to tell me about your situation or simply ask me questions that's fine.  Does that sound fair enough?

Lincoln:  That works for me.  So may I begin.

Attorney Pearsall: Go right ahead.

Lincoln:  Well first, I found you on the internet.  I decided that there was more information on the internet than going through the yellow pages.

Attorney Pearsall:  Okay. . . makes sense.

Lincoln:  Well your site came up with a few other guys in the top ones on Google.

Attorney Pearsall: Well that's nice to hear.

Lincoln:  So I've set up appointments with the top three that I found.  There was you, Timothy Conlon and  David Slepkow.  So I set up appointments with all three of you.  You are the first attorney I'm meeting with.

Attorney Pearsall:  Well it's smart to shop for the right attorney.

Lincoln:  Well I've read your website and I know what it says.  I read a couple of articles on your articles website.  But now we're here in person and I need to know what you're really like.

Attorney Pearsall:  I'm not really sure I'm following you Lincoln.

Lincoln:  My point is that anyone can put anything on a website.  It's advertising, right?  You put what you have to on your websites to rank higher and to attract more clients.   But how different are you from that  website information.

Attorney Pearsall:  Well Lincoln, I think I actually put it best on my website because I created my websites.  I'm a solo practitioner.  I do what I do because I've been there.  I went through a very difficult divorce and several other issues before the Rhode Island Family Court before I became an attorney.  Now this is what I do.

Lincoln:  Okay, so you do divorces just like the other fellows.  Maybe they've been through a nasty divorce themselves.

Attorney Pearsall: Yes, that could be true.  I don't know their personal histories.  I'll leave that to you to ferrett out.  All I can tell you is what I've been through.

Lincoln:  So what you've told me may be of no benefit to me over the other attorneys, right?

Attorney Pearsall: What I've told you so far?

Lincoln:  Yes.

Attorney Pearsall:  Your correct.  That might not give you any extra benefits over the other Rhode Island Divorce Attorneys.

Lincoln:  So is there anything that makes you different over the others?

Attorney Pearsall: Well first, I think it would be premature to presume that the other attorneys have been through a divorce in the system or that they have done so as a layperson as I did.  There's a big difference there.  I didn't become an attorney until after I had been through my divorce.   

Lincoln:  Chris, I don't follow.

Attorney Pearsall:  Assume that either or both of these other attorneys did go through a difficult divorce but that they were attorneys and knew about family law at the time, the appreciation of the issues and the process is much different than a person who has gone through it as a layman.  It's like comparing apples and oranges.

Lincoln: Okay that may be but they've still been through the process.

Attorney Pearsall:  I agree Lincoln.  Yet to my thinking there is a big difference.  I'm an attorney now but I remember those days as a layperson going through a divorce as if it were yesterday.

Lincoln:  But what is your point?

Attorney Pearsall:  My point is that I remember the feelings.  I remember not knowing any family law.  I remember feeling helpless in the system.  I remember feeling alone and not knowing what was going to happen to my relationship with my children, where I was going to live, how I was going to pay child support and survive, what was going to happen to the house. . . . some days I relive those feelings for my clients.

Lincoln:  Okay, so you have a lot of feelings about your divorce.  How does that benefit me as a potential client?

Attorney Pearsall:  If I can still feel those feelings today and you are my client today Lincoln and you bring up an issue that I can relate to from my own experience, isn't it probable that I'm going to give your issue some serious consideration?

Lincoln: Okay, but shouldn't any attorney give anything I have to say the seriousness it deserves?

Attorney Pearsall: In theory I suppose that's true but the fact is, just because a person is a licensed professional does not mean that he or she is going to give seriousness to everything you say.  If a Rhode Island Divorce attorney hasn't been through it and considers your concern trivial, it may be given no weight at all.

Lincoln:  So your benefit is just your experience personally?

Attorney Pearsall:  I think that minimizes the value of that experience because it leads me to care for my clients which I believe is crucial to my practice.  We all do more for something we care about, not just because we're being paid, but because it affects a persons life, their future.

Lincoln:  Okay so your experience and caring then?

Attorney Pearsall: I won't try to put words in your mouth Lincoln.  I have other benefits like a lower hourly rate and differing financial arrangements but aside from those that is what I offer.

Lincoln:  Thank you for your time Chris.  After I meet with the other attorneys I'll get back to you if I decide to pursue my divorce with you.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

CALL (401) 354-2369 now to schedule for your low-cost, no obligation legal consultation!

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

Copyright 2008 - Christopher A. Pearsall and Pearsall Law Associates (All Rights Reserved.)

Attorney Christopher Pearsall - Do Unemployed Wives Contribute to Rhode Island Divorces?

After eight (8) years as a Rhode Island lawyer dedicated to divorce and family law and another thirteen years in law here in Rhode Island, there is one situation that I have seen consistently and it almost always results in an unhappy husband paying alimony to his spouse.  The scenario goes pretty much like this one.

John and Melissa get married and have a child.  Melissa stays home to take care of the child because daycare expenses would be too costly and Melissa doesn't want her child raised by someone else.  Melissa promises that when the child gets into school full time that she will get a job or return to work to help with the family income.  The day comes when the child is in full time school and Melissa refuses to go back to work.  She wants to be able to bring the child to school, participate in school events during the day and pick the child up after school.  This situation often ends with a very upset husband and may eventually lead to the husband filing for divorce. 

John files for divorce and Melissa who has not been working for years seeks alimony and child support as the primary caregiver for the child.  John is upset.  John can't understand it.   He pulled the financial weight for his family for years and now when he wants to get out of the relationship he might be expected to pay for several more years. 

Why?   

Just because Melissa stayed home with their child and refused to return to work as she had agreed to help out their little family?

The answer is a resounding "NO".

It is not because Melissa broke her promise.

Practically speaking it is because John allowed her to stay home without contributing to the household income.

Many families are economical.  Attorneys understand that.  Yes, I understand that.  However, everyone should take into consideration that more than one out of every two marriages end in divorce.

When you have that kind of figure working against you then you have to consider the consequences if your marriage happens to be one of those that don't make it.

So what is the answer?  Families need two incomes even if it means the majority of one income goes to daycare for a while.  Women can earn as much as men these days and the old ways of the mother just staying home with the child are disappearing.  Frankly, they should be.

The answer to John's predicament and for many other men is to get the mother out and working for your financial future as soon as possible after the child is born.  It is not a right of a mother to stay home with the child any more than it is a right of the father not to pull his weight with diaper changing and late night feedings.

In the end, if John, or you, or your neighbor Tim, is one of those two marriages that isn't going to make it for 50 years or so and you end up in Rhode Island Divorce Court, then if you let the mother stay at home with the child then prepare to pay alimony for a few years.  At that juncture you have no one to blame.  You should be informed.  We balance the pros and cons on house buying.  We also do it on whether we take a job or not.  Why shouldn't we expect to do it with a marriage? After all, isn't it one of the biggest decisions in our lives?!

Rhode Island Divorce Attorney Christopher Pearsall and "On the Record"!

There are two important standards that laypeople should know, especially if they hire an attorney to protect their interests.

1.  You are not protected so that you can appeal if your attorney does not place your issues "on the record".  In a divorce or family court proceeding issues are "on the record" if they are taken down by the stenographer.  What does this mean?  It means that chambers conferences where the court stenographer is not present and taking down the information discussed in the judge's chambers are not "on the record".  It means that discussions with the judge at the bench in court are not "on the record" unless the judge specifically tells the court stenographer to take down the information.

2.  When you are protected with items that are "on the record", if you have to appeal any particular issue, the Rhode Island Supreme Court has consistently ruled that they will not address an issue that is raised for the first time on appeal.  In other words it wasn't "on the record" . . . and . . . the Rhode Island Supreme Court has also consistently ruled that it will give great deference to the trial judge as the trier of fact (since he or she was the person in the best position to evaluate the demeanor, character and testimony of the witnesses) and the factual findings of the trial judge  will not be disturbed absent some gross inaccuracy.  The trial judge's determinations of law will be upheld unless it is shown on appeal that the trial judge clearly abused his or her discretion when applying the law or the facts to the law.

Every litigant before the Rhode Island Family Court should keep in mind whether they are financially able to appeal issues if the trial judge does not rule their way.  If so, those same litigants should be vigilant that major issues are placed "on the record" and aren't discussed at the bench or behind closed doors in a chamber's conference.  If your attorney doesn't preserve your issues for appeal on the record if you lose, what was the point of beginning the battle to begin with?  Just the chance of winning the very first time?

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

CALL (401) 354-2369 now to schedule for your low-cost, no obligation legal consultation!

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

Copyright 2008 - Christopher A. Pearsall and Pearsall Law Associates (All Rights Reserved.)

Attorney Christopher Pearsall - On Practical Rhode Island Divorce Basics

Divorce most certainly can be complicated.  Children add to the complexity.  The more assets you have the more complex your divorce.  The more debts you have, the more complicated your divorce.  The more emotional you are throughout your divorce, .... right again.... the more complicated your divorce.  As you can see, there is a pattern here.

So what can you do from a practical perspective to help things go more smoothly?

1.  Check your emotions at the door.  Divorce is not easy.  It can certainly be emotional.  Yet many people let their emotions control their decision-making which usually leads to decisions counterproductive to the successful completion of their divorce.

2.  Get Realistic.  Divorce is not about vindication, mental cleansing or revenge against your spouse.  Divorce is a process for two spouses to go their separate ways equitably.  If you are not realistic then you will not be prepared when you don't get everything you want in the divorce or when a decision by the court doesn't go your way.   You need to understand and be realistic about:

a)  The Process - It takes time and it isn't perfect.  There are continuances, judge's get sick,  courtrooms get changed, attorneys have conflicts, judges sometimes make decisions in chambers conferences.

b)  Your Attorney - Attorney's aren't perfect and neither are all clients.  Keep in mind that attorneys have multiple clients and they try to keep all their clients happy and informed.  Yet attorneys have families and lives just like you and they try to work that all in to their
lives.  If your attorney isn't calling you or sending you copies of letters, check with your attorney to see if he or she is trying to save you money.  Don't be offended if an attorney gives you legal advice that you don't want to hear and won't take.  The attorney is obligated to do so.  Understand that while an attorney may care about you and your case, it is their livelihood to give legal advice and take care of matters on your case and they get paid for whatever they do on your behalf.

C.  The Court - The Family Court is present to facilitate the divorce process.  You should realize that it is not a place to do anything other than get your divorce completed and close the court's file.  Hearings may take place.  Rulings may be made by Judges that do not go your way.  Objections may be made on your behalf that are not sustained when perhaps they should be.  The court is not perfect.  This is precisely why their is an appeal process in place if your attorney believes that the judge made reversible error.

3.  Expect to Compromise.   Parties rarely agree on everything in a divorce.  Therefore it is inevitable that one or both of the parties will have to compromise if they want to get this divorce completed in a reasonable period of time rather than going to trial.  Most divorces do not go to trial even when parties want them too.  The court knows that trails tie up a judge and a court room for a substantial amount of time and therefore they use mediation, conferences and recommended judicial compromises to avoid the avenue of a trial.  Though it may not be the way the system should operate, it is the way the divorce system does operate.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

CALL (401) 354-2369 now to schedule for your low-cost, no obligation legal consultation!

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

Copyright 2008 - Christopher A. Pearsall and Pearsall Law Associates (All Rights Reserved.)

Divorce Attorney Christopher Pearsall on Rhode Island Child Support and Gross Differences!

Rhode Island Child Support is based upon the gross incomes of both parents of the child.  Yet all children are not created equal.  Children who have parents who make more gross income are apparently more deserving than children who have parents who make less income. 

This begs the question as to whether child support is unfair to the payer parent (non-placement parent) or whether the Rhode Island guidelines governing how much is paid are unfair to the child or children.

For instance, assume non-placement parent Gary and his ex-wife Tina make $125,000 in gross income per year.  Tina has placement of their son, Jeremy.  According to the support guidelines let's say that because of the parents' aggregate gross income  Gary has to pay $450 per week as his financial obligation for Jeremy.

Now assume that non-placement parent Gerry and his ex-wife Gina make $50,000 in gross income per year.  Gina has placement of their son, Jeffrey.  According to the child support guidelines let's say that because of the parents' aggregate gross income Gerry has to pay $125.00 per week as his financial obligation for Jeffrey.

Now, the question is whether or not gross income is a truly proper way to calculate child support and whether it works an injustice on the payer parent or the child of the parents making the lesser gross income.

Is Jeremy any more deserving of support monies than Jeffrey is?

Assume Jeremy and Jeffrey are the same age.  Should it take more money to provide necessities for Jeremy than for Jeffrey?

Should Gary be required to pay much more than is necessary to provide the necessities for Jeremy simply because he happens to make more money?

Should Jeffrey be entitled to the same amount of support as any other child his age?

The standard of gross income clearly takes into account different "classes" of people, or that children of parents making more money are "entitled" to more than children of poorer parents.

If you encounter a Motion to Modify that is filed against you in the family court because you have had a substantial increase in income substantially after the birth of the child, it is a perfectly good argument to present to the court that child support was originally set to meet the child's needs but that the child's needs are being met without an adjustment in child support and it is unfair to increase child support payments now and simply create a higher standard of living that the child has not been used to and does not require.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

CALL (401) 354-2369 now to schedule for your low-cost, no obligation legal consultation!

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

Copyright 2008 - Christopher A. Pearsall and Pearsall Law Associates (All Rights Reserved.)