Rhode Island Divorce and Family Law Attorney | Attorney Christopher Pearsall

Rhode Island Divorce Lawyers and Evidence!

Many Rhode Island Divorce lawyer wants to help you to the extent they are able.  Yet one of the most difficult things for clients to grasp is the answer to one basic question.  Here's the question.

What constitutes evidence in a Rhode Island Divorce proceeding?

There is very little that is as frustrating to a spouse than to believe you have evidence and then learn that you do not.

This example should help illustrate what I mean.

Carl and Danette have been married for four years and are getting a divorce.  Temporary Orders are issued by the court ordering that

"Neither spouse may not have unrelated persons of the opposite sex overnight while they have possession of the minor child."

The minor child is a 5 year old little boy named Josh who has just started kindergarten.  Carl picks up Josh after kindergarten for his overnight visitation with his son on Monday evening.  Josh is chattering away and is all excited to tell his father about his weekend.  Josh tells his father about running and kicking the ball with mommy, painting faces on balloons, and having a camp out with Bobby.  Carl asks about Bobby and finds out that he is mommy's new friend.  Carl changes his focus and asks about the camp out.  Little Josh wants to tell every detail about how Bobby does magic tricks and stayed with him and mommy in a tent in the backyard to protect them because mommy was afraid of bears that might come out at night and eat them.  Josh said that he told mommy he was scared too and he would feel safer if Bobby was there.  Carl asked Josh what they all did the next morning.  Josh told his daddy that Bobby made them pancakes first thing in the morning with little chocolate chips in them and Josh thought they were the best. 

On Wednesday, Carl calls his lawyer and tells him he has evidence that Danette violated the court's order.  Carl meets with his Rhode Island Divorce lawyer and tells him everything that Josh said about mommy's new friend, Bobby.  Carl's lawyer begins trying to explain Carl that even though he may have information from his son, he does not have evidence.  Carl insists he has evidence .  Carl insists that he is entitled to tell the judge about the "campout" Josh had with his mother and Bobby to prove that she broke the court's order. 

Carl's lawyer explains that the information is hearsay and that since Josh can't be put on the stand to testify it is not admissible as evidence in court and therefore the court will not consider it.  Carl demands that his lawyer file a Motion to adjudge Danette in Contempt.  Carl insists because he is certain from speaking with his son that Danette has violated the Order.  Since Carl's lawyer could question Dannette about Bobby and discover based upon the information Carl has that Danette violated the court's order, Carl's lawyer does as his client demands him and files a Motion to Adjudge Danette in Contempt, believing that there is a basis that a violation is occurring and that this has the potential to endanger the child in violation of the court's order.

To make a long story short, the hearing is had three (3) weeks later.  Carl takes the stand and begins to talk about what Josh told him.  Danette's lawyer objects to the testimony as unreliable as hearsay and requests that Carl's brief testimony before even mentioning Bobby be stricken from the record.  The lawyer's objection is sustained and  Carl's testimony is stricken from the record.  Without any direct personal knowledge of the events of the campout, Carl is unable to testify further and steps down from the witness stand.  Carl asks if Josh can speak with the judge and tell the judge what happened.  Carl's lawyer instructs him that the court will not consider the statements of a 5 year old as evidence in a divorce proceeding and that he is not of sufficient age and maturity to appreciate the oath and the nature and significance of not only telling the truth but telling exactly what occurred rather than what Josh remembers at this time.  Carl's lawyer explains that even trying to call Josh as a witness is likely to upset the judge because Carl would rather risk traumatizing his child in order to prove that his wife violated an order.  Carl is frustarted but tells his lawyer to press forward and question Danette.  Carl's lawyer explains that if Carl has been wrong about this allegation and the court finds that the motion was premature, that Carl could be ordered to pay Danette's lawyer's fees for defending the motion.

Carl is adamant that he wants to go forward with the motion.  Carl's lawyer calls Danette to the stand  and asks her about  any events on that particular weekend with Josh.  Danette admits they had a campout but denies that the court's order was violated.  Danette admits that Bobby is a new friend of hers, that a "camp out" occurred in her backyard and was planned for Josh's enjoyment.  Danette admits that she is not related to Bobby and upon further questioning admits that Bobby spent the entire night of the campout. 

Carl seems satisfied that his lawyer has proven that Danette has violated the order.  He crosses his arms andcan't wait to hear the court's punishment.  Carl is unmoved and unconcerned about any questions that Danette's lawyer may have and he was sure that Josh's statements had come out just as clearly by his lawyer's questioning even if he would have rather told Josh's story himself.  Danette's attorney and asks a single question.

"Who is Bobby?"

Danette's answer is brief.

"She's a girlfriend I met at a divorce encounter group.  I had a bad session and she thought up this overnight thing to help me through this without Josh knowing.  Josh had fun.

Danette's lawyer rested her case.  Carl's lawyer did not ask any questions.  The judge denied the Motion for Contempt, found that it was baseless and ordered Carl to pay Danette's lawyer's fees for having to defend a frivolous motion that was filed prematurely without even knowing or confirming that Bobby was not even "of the opposite sex."

The point of this particular article is that you need to trust that your Rhode Island Divorce Lawyer knows what he or she is doing and that when you are told by your lawyer that you have "information" but not "evidence".   That your lawyer knows the difference and can explain it to you.  Typically "information" can be verbal or somekind of recorded material that is helpful but would not be admissible under the Rules of Evidence effective for the Rhode Island Family Court.  Evidence consists of verbal statements, documents, recordings or other things that comply with the Rules of Evidence effective for the Rhode Island Family Court and are admissible in a family court proceeding such that they may be considered by the judge in making a decision on the motion, case or controversy presented to the court.

When taking time to speak with your Rhode Island divorce lawyer about your  case or any motions that may be pending and require the production of evidence to be considered by the court, the client should always consider . . . is what I have to provide to my attorney on my behalf truly evidence or is it merely information that might lead to evidence if you or your lawyer look a little harder or do some investigation.

Knowledge is the key to a good case position both for you and your divorce lawyer.   

 

Authored By:

  Christopher A. Pearsall, Esquire
70 Dogwood Drive, Suite 304
West Warwick, RI 02893


Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce & Family Law* Attorney

Copyright 2008.  Christopher A. Pearsall, Attorney-at-Law

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law.
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A Rhode Island Divorce Lawyer harnesses technology to help Rhode Island Divorce litigants!

It's no secret that Rhode Island divorce lawyers and lawyers in general have a poor reputation with the public.  Strangely I was surprised by a very unique telephone call the other day.  The call was from a person in the midst of a divorce and his concerns seem to puzzle me even as I write this article.

I had been planning to go to what I refer to as a "Virtual Office" concept in about 8 months with my law practice which is dedicated almost exclusively to Rhode Island divorce and family law issues. 

However, as gas prices rose to new heights and Rhode Island was declared to be in an official recession it became imperative that I accelerate my plans and convert my divorce practice to a "Virtual Office" concept this month rather than waiting for my full transition to occur on the gradual basis I had planned.

I reached my decision after reviewing the needs of the Rhode Island community as a whole and balancing various financial factors relating to practice costs and expenses as against and weighing it with the and the significant adjustments I would have to make to implement this new and beneficial concept for my clients.

This Virtual Office concept is bound to raise some questions by those who have not embraced technology as a means to save them time and money.  I expected that.  After all, it is concept I have been developing for the past three (3) years by listening to other attorneys, attending seminars and researching the benefits to my clients of harnessing technology driven business solutions.  To my knowledge I am the only Rhode Island Divorce Lawyer who has taken the concept to this degree.

Though complete transposition of my Rhode Island divorce practice will still not be fully effective for another six to eight months, the benefits both for me and for my clients are more immediate and nothing short of staggering.

Yet in the same instance a call I received from a prospective client recently gave me a glimpse of the concerns clients will have despite the benefits clients receive some of which are virtually unbelievable (no pun intended) as compared to the traditional practitioners who cling tightly to typewriters, secretaries, paper files and computerless office structures!

I received a call from a gentleman who was in the midst of a divorce but was questioning whether he chose the right attorney.  This by itself is not surprising, it happens frequently especially when retainer funds appear to last a short period of time in comparison to the client's expectations.

In this case the gentleman was being charged $200 per hour which is roughly the going rate for an attorney experienced in the practice of law and particularly in the practice of divorce law.  However, this gentleman expressed that he was six (6) to eight weeks into his case and he believed that roughly $4,000 or sot had been expended on his case.  The gentleman stated that numerous petty issues had come up and his attorney was trying to deal with them through letters and phone calls but that his attorney seemed to be stonewalled (for lack of a better term) by the opposing counsel. 

The crux of this man's call was whether this was common, whether he was getting reasonably accurate advice and whether he should get another lawyer.  I explained to him that it was not necessarily common that various minor issues would become so costly early on in the case but that it could happen.  We discussed the advice that he was given, matters which are confidential and therefore will not be mentioned here, and whether he should retain another attorney because of the cost.  I explained to the gentleman that I understood his frustration and was unfamiliar with the lawyer he had chosen but that at $200 per hour it only took 5 hours of the attorney's time to go through $1,000 of his retainer and that 20 hours spent on a divorce case was not unreasonable at the going rate for experienced attorneys.

Then the man asked me what I do and what makes me different.  This was the first time a prospective client had actually asked me about my Virtual Office concept and what it entailed.  Needless to say, though I was excited about explaining my office concept the client was skeptical because the rate the client was paying would be substantially lower than what he was currently being charged. 

The explanation went something like this.  For the sake of discussion let's assume the man's name is Jared.

What I've done here Jared is nothing short of eliminating my overhead and then harnessing technology to do the work for me.  I have no secretary so my client's don't have to pay for one.  I work out of a home office where I have everything I need.  You get telephone access just like any other traditional attorney.  I have a dedicated fax line just like any other attorney.  I have email that is checked 5 to 10 times per day if not more and clients can get
hold of me.  I have high speed broadband internet access for legal research, email and soon  dedicated website tools will allow my clients so receive documents on their case literally within hours and sometimes even minutes after I receive them by mail or when I send documents to the court.  This eliminates 90% of postage costs, envelopes, toner and even paper supplies.  Clients can interact with me on the telephone and it doesn't cost them any more on an hourly basis because I absorb the costs, even if they are long distance.

Several months from now, if people don't know how to use these services, I intend to have live streaming tutorials that can take them through it step by step.  My clients can see me interact regarding their case if I send them a video message or see my picture on one of my websites while talking to me.

Jared was concerned.  He felt his matter deserved a more personal approach and he wanted to be able to come to an office and meet with his attorney.  I explained that I was in the process of finalizing arrangements with a local colleage to utilize a spare room for those clients who wanted a traditional sit down meeting and that was certainly possible because I realized that for some clients this might be too much of a shift.

Jared expressed that he wasn't really comfortable with the whole Virtual Office concept because he didn't see his attorney as a real attorney with an office and a sign on the door.  In the end Jared said, it sounds too good to be true and if it sounds that way, it usually is.  I continued to explain.

Jared, my concept isn't for everyone.  I'm an innovator and though I could take this innovation and keep my rates the same, I've chosen not to do that.  It doesn't help people if I do that.  All it would do is put money in my pocket.  Don't get me wrong.  We could all used a little more money.  Yet people are hurting right now.  They are hurting for money and if they are going to go through a divorce they are hurting both financially and emotionally.  I know plenty of attorneys who have told me I'll fail at this.  Why?  Here I am
using the best of technology, cutting my rates to such an extent that you tell me it looks too good to be true.  Well, people can't have it both ways.  You can hire an experienced lawyer with tons of overhead expenses and pay $200, $300 or even $350 an hour and all you are doing is paying the attorneys' expenses and putting extra money in his or her pocket to support a fancier lifestyle with a BMW or a Mercedes, OR you can hire a new breed of attorney, one who is not only experienced, but who has taken technology to its very limits and give you a rate and payment blocks that the other traditional lawyers laugh about.

I've been through a divorce.  I know what the rates are.  I know the players and I'm an innovator.  I've done this for my present clients and my future clients and if the truth be told, I've been doing most of it for the past year but still paying all the expenses for a physical office with extra amenities so client's feel comfortable.  In the end, clients are more secure with me than they are going into the nice office I just shut down.  Why, because they pay for me and my experience.  They don't get nickel and dimed for every little thing.  They know from day one what to expect and I don't let them down.

I'm a Rhode Island attorney, yet I've had clients in and from Texas, Florida, Costa Rica, Virginia, Connecticut, New Hampshire, Indiana, Massachusetts, California, Maine, the Dominican Republic, Virginia and more.  They reach out to me because harnessing the power of technology works great for them.  So why not Rhode Islanders?  Why not save $12 on the gas it costs you to drive to a physical office in Cranston or elsewhere in the state when you don't have to.  My Virtual Office concept puts money back in your pocket, not mine.  I cut my rates.  I cut my expenses.  I cut my  lifestyle.  Why?  Because people deserve affordable and experienced divorce lawyers.

I'm giving back to the community not because I have to, but because I've been there and I want to.  Divorce is hard enough, you don't need to go broke on attorneys too.

Jared, I want you to take a day and think about whether you want a new attorney or not and whether you feel comfortable with me and what we've discussed today.  I'm not a sales person and I don't beg for anyone's business.  If you want to hire me, great!  I'm in your corner.  If you want to remain with your current attorney then I wish you my very best and I hope you get through this and end up with a great life ahead of you.

Jared thanked me, said "It still sounds too good to be true.", and said he would consider it.

My only question (though long and drawn out) is this? 

Does what I offer sound too good to be true because attorneys are expected to charge huge rates and ask for large retainers, OR do people really think its  worth paying their attorney an extra $100, $200 or even $250 per hour not for their legal expertise but rather for their attorney to pay for the upkeep on a fancy office, a top notch secretary, an office manager, a water cooler, their utilities, legal research services, a billing coordinator, a paralegal, an accountant, an IT Specialist to keep their computers running, and a person to maintain their landscaping outside the building?

 

Authored By:

  Christopher A. Pearsall, Esquire
70 Dogwood Drive, Suite 304
West Warwick, RI 02893


Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce & Family Law* Attorney
now
100% Digital and Virtual!

Copyright 2008.  Christopher A. Pearsall, Attorney-at-Law

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law.
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Rhode Island Divorce Attorney: Information is your Friend!

If there is anything that will help you to cope with your Rhode Island Divorce or the breakdown of other Family Relationships is INFORMATION!  "Understanding" is a key mechanism in coping with any situation and though it may be difficult during very emotional times, take the time to get more information.  The information may at times be factual, such as understanding the Rhode Island divorce process.  At other times the information may be psychological in order to help you understand how another person is acting or reacting to a particular event. 

Information is your friend and in this digital age it is easy to obtain.  People are sharing their experiences and their expertise all over the globe using blogs, articles, press releases, thesis papers, and personal experiences. 

I am a strong advocate that people take time to read what is out there.  You are certainly free to pick and choose what you think is valuable and what you think is completely baseless. 

An excellent source to find multiple blogs that may be of assistance is BlogCatalog.com

Remember, coping is a process and information is your friend.  The more information you have on anything, be it divorce, child support, paternity, drug addiction, infidelity, inability to commit, etc. . . the more you will be able to understand what you are in the midst of and deal with it to the best of your ability.

 

Authored By:

  Christopher A. Pearsall, Esquire
70 Dogwood Drive, Suite 304
West Warwick, RI 02893


Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce & Family Law* Attorney

Copyright 2008.  Christopher A. Pearsall, Attorney-at-Law

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law.
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The Rhode Island Divorce Attorney: Getting the Complaint filed!

Perhaps the Rhode Island Divorce process and procedure would be a bit easier if there were some road map to tell you what forms are required and why.  Then again, perhaps someone can explain to the public why the Congressional Record is devoted to publishing information about members of Congress proposing to do such things as saving money by cutting in half the number of staplers used by office assistants.

My point here is that whether it's Rhode Island or Congress, some things go without explanation and without any delineated reason. 

In the realm of Rhode Island Divorce lawyers and family law practitioners you will find that very few attorneys want to handle a case "piecemeal".  In other words, attorneys don't want to handle only the part of a case you don't understand, charge you for that piece of work and then let you do the rest.

An attorney's reasons for this in a Rhode Island divorce are fairly justifiable.  Attorneys have liability for what they do.  If they do only part of a case and it relates to another part that is handled by the client "pro se" then the attorney may open himself or herself up to a liability claim if the "pro se" individual makes a costly mistake in the divorce because he or she lacks the understanding of how the piece the attorney did relates to their whole case.   If the "pro se" individual blames the attorney rather than himself or herself for the consequences the attorney may have to defend a wrongful claim.  Even if a claim or lawsuit by the pro se individual has no merit, it can still cost the attorney additional malpractice premiums or force the attorney to address a lawsuit which could cost the attorney time and money. 

Even a disciplinary complaint can be time consuming and cause considerable anxiety for an attorney who must now spend his or her time defending himself or herself even if he or she has done nothing wrong except try to help someone who didn't have the money to retain the full services necessary to hire the attorney to take the divorce from beginning to end.

Yet the first step in a Rhode Island Divorce is to get the paperwork drafted and properly filed.  It's not as easy as many would like to think.

Here's a story that may help explain why I say that.

I was at the Providence County Family Court one day and a man came up to the counter and said to one of the female assistant clerks "I want to get divorced."  The clerk was pleasant, reached under the counter and placed a packet of documents in front of the man.  He didn't say anything and flipped through the documents rather quickly.  The nice woman asked him if there was anything else she could help him with.  He said "Yeah, you forgot the instructions."  The woman politely told the man, "There aren't any instructions sir."  The man paused a moment.  "Okay", he said, "So I just fill all these out and give them back to you right."  The woman took a moment to think about the question before responding.  "Most of the time.", she answered.  The man looked at all the papers again.  "Sir", she said, "have you spoken with an attorney?" 

The man looked up at her and was obviously frustrated.  "I don't want an attorney.  I just want to get divorced.  I shouldn't have to get an attorney to get divorced."   The man's tone was harsh but the nice woman tried to brush it aside and she called out that she could help the next person in line.

"Wait a minute.  You're not done helping me yet.  Please show me which forms I'm supposed to fill out to get divorced."  This was the first time the man had said "please" throughout the whole conversation.  The woman answered, "I'm sorry sir but we're not allowed to do that."

"What?", the man bellowed out, now getting visibly angry.  "I want to talk to your supervisor."  The woman brought another gentleman up to the counter.

"Yes, may I help you sir?"  The man calmed down a bit.  "I want to file my own divorce and this woman won't help me."  The man behind the counter looked at the assistant clerk and then back at the man. 

The nice female assistant clerk said to her superior and said, "He wants the instructions that go with the divorce documents."   "Oh."  The man said thoughtfully and then turned back to the man who wanted to file his own divorce.  "Sir, it's not that she doesn't want to help you . . it's that she can't help you."

The man who wanted to get divorced was clearly dumbfounded.  "I just want the instructions.  How hard can that be?"  The supervising clerk behind the counter kept his cool. 

What he told the man was excellent and professional and I've written it here as best I can remember it.

"Sir, the instructions you are looking for are found in Rhode Island's laws and Rules of Domestic Relations Procedure.  Those things are matters for attorneys to know and to help you with.  If you don't want an attorney and you want to do this yourself then you have to know where to look in the law books or in the domestic relations rules in order to know what documents you need to file for your particular situation.  These laws and rules will also tell you what other documents you may need to provide in order to file your divorce properly.  This nice woman who has been trying to help you is an assistant clerk.  She is here to help you but she is limited to giving you, to the best of her ability, the general forms that we provide for the most common divorces. 

You have been given a generic divorce package.  Some divorces require different documents.  However, this woman is not an attorney and is not licensed to give out legal advice.  By law, she is not allowed to tell you which forms you need, or how to fill them out.  As it stands we already are doing a great service to the public by providing a generic divorce packet free of charge to people who say they want to get divorced.  From there, you need to know what you are doing."

Now the man was angry.  "You people just can't do your damn jobs.  That doesn't make any sense.  State workers aren't worth a darn.  You just want to help the attorneys make more money."  The man was shouting at this point.

At this point I couldn't keep my mouth shut anymore.  So here is what I said to the man.

"Sir.  These people have been more than kind to you.  They have tried to help you and have given you the information they are allowed to give you.  Clearly you don't appreciate the fact that these good people are doing their jobs, that they are abiding by the law and that they are being very professional to you even though you feel entitled to be rude to them.

I, on the other hand, have no obligation to hold my tongue here because I am not a State worker and I do not have a superior looking over my shoulder.  I happen to be a divorce attorney and though my rates are lower than most I wouldn't take you on as a client because you sir . . are ignorant!  You have no idea how complicated the law can be.  You have no idea how much dedication, effort and sacrifice it takes to make it through law school and then the bar examination to become a lawyer in this state.  Yet the problem here is not these good people who serve you, and it is not me as a lawyer.  The problem is that you are too lazy to go up to the law library on the sixth floor and start pulling out law books until you find what you need to file your own divorce.  Instead, you expect everyone else to tell you what to do and make it easy for you like a paint by the numbers picture.  Well, we're all sorry it isn't that easy for you and that we can't make it easy or cost-free. 

So, with that said, I would like to thank these kind people for all the help they gave you because I certainly don't expect you will be giving them any thanks.  If you want to do this without a lawyer Sir.  I suggest you go to the law library on the 6th floor and start hitting the books. 

I started to walk away and looked back at the man who stood there with a mean scowl on his face.

Oh yes... I don't want you to get lost without specific directions.  When you get in the elevator push the round button that has a number that has a little swirly circle at the bottom of it."

Normally I keep my nose out of things such as this, but when good people are trying to be helpful and other people treat them poorly, I have a hard time holding my tongue.  Some things are right and others aren't.

Getting your Rhode Island Divorce complaint filed and served is the first and most important step in the divorce process.  It is not "easy" nor is it "simple" until you have done it several hundred times and you know which forms to change, when to add a form, when to change a form, and most of all why you are doing it!

Some people want to handle the divorce themselves.  That is understandable.  In fact, I applaud those people who are willing to try and who actually succeed.  It is just like building a fine piece of furniture, there is a pride in accomplishing something through your own work and efforts.

However, there are some people who can't take 10 to 20  hours just to learn how to fill out the divorce papers and know which documents to use and which ones not to use.  For those people, who just want to get their divorce filed and they want to take it from there without an attorney, feel free to give me a call.  I won't do any part of a divorce for free because as an attorney I have liability for everything I do, but my rates are less than 1/2 of what full-time divorce and family law practitioners charge and I'll be fair and timely to meet your needs.

By the way, I'm not abrasive as I was to the gentleman (for lack of a better word) at court, in fact, my clients find me easy to talk to and more like a friend who is helping them out. 

My best to you in all your endeavors.

 

Authored By:

  Christopher A. Pearsall, Esquire
70 Dogwood Drive, Suite 304
West Warwick, RI 02893


Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce & Family Law* Attorney

Copyright 2008.  Christopher A. Pearsall, Attorney-at-Law

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law.
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Rhode Island Divorce Question: Engagement Ring

Question:

My husband gave me a $20,000 engagement ring when he proposed to me.  It's the original ring he gave me and no changes have been made to it.  We are now getting divorced in Rhode Island.  Is my engagement ring part of the marital estate.  My husband says I owe him $10,000 from my ring.

Answer:

Based on what you have included in your question, your husband is incorrect.  Your engagement ring should not be included in the marital estate and should not be considered by the family court judge in equitably distributing the marital estate.  An engagement ring was a gift from your future husband to you in exchange for your promise to marry him.  You married him and therefore your engagement ring was a gift that existed before your marriage.  If you had broken your promise of marriage and had not married your now husband you would have had to return the ring to him.  Under these circumstances however, the engagement ring should be considered your separate property.

 

Authored By:

  Christopher A. Pearsall, Esquire
70 Dogwood Drive, Suite 304
West Warwick, RI 02893


Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce & Family Law* Attorney

Copyright 2008.  Christopher A. Pearsall, Attorney-at-Law

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law.
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RI Divorce Question: How long will my divorce take?

RI Divorce Question:

            How long will my divorce take in Rhode Island?

RI Divorce Answer:

            How long your divorce takes in Rhode Island depends upon your circumstances.

            1)  If you have been living separate and apart from your spouse for 3 or more years, then the fastest you can get a divorce is about 12 weeks.

            2) Under any other set of circumstances the fastest you can get a divorce is about 25 weeks.

            However, how long your divorce actually takes has to do with many factors.  If it takes you and/or your spouse longer than the first 6 to 8 weeks after the filing of the initial complaint to reach an agreement regarding your divorce, then your matter will be shifted to the Contested Track in the Rhode Island family court. 

Until you reach agreement as to all aspects of your divorce and have a nominal divorce hearing, OR until a divorce trial is completed, both of which must be followed by the statutory waiting period of 91 days (except in the case where you have been living separate and apart for 3 or more years) you will not be eligible to obtain a Final Judgment of Divorce.

 

Authored By:

  Christopher A. Pearsall, Esquire
70 Dogwood Drive, Suite 304
West Warwick, RI 02893
(401) 632-6976

Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce & Family Law* Attorney

Copyright 2008.  Christopher A. Pearsall, Attorney-at-Law

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law.
Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com |
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