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 II of this series, we will discuss issues related to debt? 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 incur any unreasonable debts, including but not limited to, further borrowing against any credit line secured by the family residence, further encumbrancing any assets, or unreasonably using credit cards or cash advances against credit or bank cards.”

“Many people think that shared parenting after divorce is already a reality, but in truth, family courts order it in only about 15 percent of cases” in Massachusetts according to a recent article. Proposed legislation would allow for shared parenting as the norm as opposed to less than the 1/5 of the time. Shared parenting has many benefits to the children, as stated in this article, including better grades for children in school. Shared parenting allows both parents to stay actively involved in the day to day activities

” A key provision of the proposed legislation encourages judges to assign no less than one-third of the parenting time to each parent, while preserving protections against unfit parents or domestic violence.”

In many cases, the parent “visiting” with the children can get less than 25% with their children, causing a determent to the child’s well being. The proposed law would allow the judge to protect the children against non fit parents or in cases where domestic violence is an issue. Shared parenting may not work in every case, but according to studies it has been very beneficial for the children on a both short term and long term basis.

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.
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If you have questions about this posting or are interested in Divorce, Child Custody or Child Support in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Rhode Island Child Support system is coming up short according to recent WPRI news report.  According to this report, which is very commonly reported by many families in the RI Family Court system, the child support payments are not always paid on time.  In this story, a single dad who has sole custody of his daughter is hopeful that his ex-spouse pays the child support on time.  Many families have found issues with enforcement of the child support orders against the paying parent.  This process can be extremely frustrating for parents who both count on the child support and those paying support to ensure that their payments are received in a timely manner.  According to this story, as of the end of 2013, only 51 percent of Rhode Island parents owing child support paid in full or on time.  Over $238 million dollars is overdue in RI for court-ordered child support.

It is important to have a child support order entered by the court.  Private agreements between parents may not be enforced by the court and are very difficult to collect.  You should have the child support payments garnished from the paying parent’s employer.  Child support enforcement services should do the bookkeeping (keep an accounting of payments) for your child support case.  If the paying parent does not pay, a motion to adjudge that person in contempt can be filed with the court to bring that person into court.  The court has many remedies available to enforce that order.

http://wpri.com/2014/05/09/ri-coming-up-short-shoring-up-child-support-may14/

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.
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If you have questions about this posting or are interested in Divorce, Child Custody or Child Support in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

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.
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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.

The Rhode Island Family Court is the process of converting their computer system to allow for the electronic filing of documents with the Court. Electronic filing will be a process where an attorney will be able to file new cases and pleadings in existing cases via website. Currently, to start a new divorce, child custody, child support and other family court matters, a paper version must be sent to the clerk’s office for processing. This process can be very time consuming and can sometimes lead to documents being misplaced or lost. Once processed the documents would then be returned to the party filing them to be served upon the other party. Electronic filing will bring other features that have been present in the federal court system for many years. An attorney will be able to search the papers filed on a cases and review the scheduled dates on a matter. This will save the time of contacting the already very busy clerk’s office via telephone to get case information. These are just a few of the exciting features that electronic filing will bring to the family court. Massachusetts Probate and Family Court is currently commencing the process of bringing electronic filing to the Commonwealth of Massachusetts. If you have questions about a family court matter in Rhode Island or Massachusetts, contact Attorney Alves at 401-942-3100 or www.AlvesLaw.com

Divorce can be difficult enough on a person, but a restraining order can make the matter more complicated. In Rhode Island a person may seek a a protective order/restraining order against a spouse if one can allege and prove after a hearing that person has suffered abuse or the treat of abuse such as:
-Threatened or harmed a person with a weapon
-Attempted to cause physical harm
-Placed you in fear of imminent physical harm
-Caused me to engage in involuntary in sexual relations by force, threat of force, or duress

It is important to note that once an application is made in the Family Court, the Judge may issue a temporary order and set the matter for a hearing within 21 days. If you obtain a temporary order, the court can order your spouse to be restrained and enjoined from contacting, assaulting, molesting, or otherwise interfering with you at home, on the street, at your employer and all other locations. The court may order your spouse to leave the home and not be able to return. Lastly, the court may give you temporary sole custody of the children you have in common. Violation of this order may result in a criminal charge and arrest which would be filed by a police department in the district court. The family court can also hear contempt charges for violation of this order.

A restraining order can further complicate a divorce as domestic violence may affect the division of assets, child custody and other critical aspects of your divorce. These are just a few of the issues that we can discuss with you to help resolve a Rhode Island divorce and/or a Rhode Island restraining order. Contact Attorney Alves at 401-942-3100 or www.AlvesLaw.com.

What is the best way to communicate with my spouse or child’s mother while our case is pending in the court?

This very common question which really depends on the parties. Communication is one of the most important factors in relationships and especially in family court disputes.

A breakdown in communication is a leading factor to divorce and child custody disputes. If you believe that the other side will contest what was said between the two of you, one common tool is electronic communication.

Electronic communication can take many forms such as email, text message and the very common use of social media. Email is a very good tool to capture information and can easily be introduced in a court of law to establish communication. There are many different issues surrounding email that should be discussed with an experienced family court attorney. Text messages, one of the most used forms of communication today, can also be a helpful manner to discuss issues. Text messages can be difficult to read as opposed to email. Text messages can easily be lost as many cell carries do not store this information. Social media such as Facebook, Twitter and other forms of social media can be a very harmful way to communicate as some of these messages are public and can be seen by third parties. Social media presents a vast array of issues and concerns in a family court proceeding that should be discussed and explored with an attorney.

Communication and the manner of communication with a spouse or child’s parent is just one of the aspects that you may want to discuss with Attorney Alves when you meet.

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.
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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.

Going through a family court proceeding such as a divorce, child custody case or child support matter can be a very difficult experience. It is more difficult process when you don’t speak english. It is important when choosing an attorney for you or a loved one, that you find a lawyer that can speak the native language to you.

Attorney Alves can speak fluent spanish and portuguese to clients. Having a loved one or family translate to an attorney can be difficult as the sensitive nature and confidential nature of family court matters. You need an attorney who not only understands the language but comprehends the cultural norms that surround these ethnic differences.

Call Attorney Rui P. Alves at 401-942-3100 or www.AlvesLaw.com to set up a free consultation.