May 9, 2014
What happens as soon as I or my spouse files for divorce in RI? Part I
When you file for a divorce in Rhode Island, the Family Court will issue what are called Automatic Orders. These Automatic Orders is a Order of the Court setting certain aspects of the divorce process. In Part I of this series, we will discuss issues related to property? They are applicable to the person filing upon signing the complaint and are applicable to the other spouse when they are served with the papers by the court. The Court order states:
“Neither party shall sell, transfer, encumber, conceal, assign, remove or in any way dispose of, without the consent of the other party in writing, or without an order of the court, any property, individually or jointly held by parties, except in the usual course of business or for customary and usual household expenses or for reasonable attorney’s fees in connection with this action.”
Issues to discuss with an attorney are:
• Has anyone sold attempted to sell an asset of the marriage? If so, where has the money gone for this sale?
• Have your or your spouse transferred an asset to another party, such as put an asset in the name of family member or friend?
• Have your or your spouse hidden any assets, such as placing assets at someone’s home in an attempt to keep you from getting access to them.
• Has an assets been encumbered, such as placing a new mortgage on a property without the other spouse’s agreement?
• Has this been done without an agreement between you and your spouse in writing or without a court order?
One exception is when these actions with regards to assets are done in the usual course of business. It is important to examine if a transaction was a normal part of business or for some other motive. The court order takes into consideration that household expenses must be paid during the divorce process, therefore parties are allowed to continue to maintain the normal household bills. It is important to realize that parties may use marital funds to pay reasonable attorney fees. If you wish to hire an attorney, please discuss how using martial money to pay for fees may not violate this court order.
Seeking the counsel of an experienced Family Law attorney for the information that is specific to your individual situation, and the best course of action for you to follow, is always the wisest choice. Attorney Alves provides practical advise to achieve the best solution in a troubling time.
If you have questions about this posting or are interested in Divorce or Child Custody in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.