Attorney Rui P. Alves

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.

If you pay or are receiving child support in the Commonwealth of Massachusetts, you should be aware that the child support guidelines have been changed. These recent changes to the child support guidelines could affect what you will receive if your child support payment is recalculated by the Probate & Family Court. If you are paying child support you should consult an attorney regarding a possible reduction in your child support due to the new child support guidelines. Child Support in Massachusetts is one of the highest in New England, if you are entitled to a reduction it is better to move fast. Please contact Attorney Rui Alves at 401-942-3100 or www.AlvesLaw.com

Whether you are thinking of filing for divorce or your spouse has mentioned it, here are a few issues that you must consider. Divorce can be an emotionally challenging process that may attack your financial resources. You may want to prepare yourself by making decisions relative to finances and children, if applicable.

Time may be a concern for you in the divorce process. Whether you are seeking a divorce in Rhode Island and Massachusetts, the time for a divorce may much longer than you anticipated. In Rhode Island, an uncontested (where the parties have a full agreement on all issues prior to the nominal divorce hearing court date), may take up to six-months for the process to be complete. In a contested divorce, the total time period until you are finally divorced, may take up to one year or more. In Massachusetts, the contested divorce (Chapter 208, section 1B), can be a very long and time consuming process with a hearing for temporary orders, discovery, a pre-trial hearing and possible trial. This process may have you in court for well over one year. All divorces are unique and your divorce may vary in length of time.

During the pendency of the divorce petition, you and your spouse will have to decide whether you will continue to live together, if you have children, what will be the time spent with each party. Who will pay what bills? Will one party have to financially support the other? Who will be the possessory parent (the parent who has possession of the children more than half of the total time with each parent)? How will you co-parent regarding the decisions relative to the children? Who will pay child support and what will be the amount?

These are just a very few of the issues that you may encounter during your divorce process. Having an experienced and practical attorney on your side may be the key to having a successive divorce. If you have questions, contact Attorney Rui P. Alves at 401-942-3100.

When couples enter into marriage they do not have the intention to have it end. However, in America almost half of all marriage end in divorce or separation. For many people a divorce is going to occur and it is going to be hard emotionally, mentally, and financially. It is an extremely stressful process that can lead to anger, grief, and resentment. While we are here to help you through the legal process of a divorce we want to remind you that your personal well-being is just as important when going through such a taxing time. In order to ease the process of a divorce there are certain things that the American Psychological Association recommends.

First, the APA recommends that you do your best to be cooperative through a divorce proceeding and to keep an open mind about communicating with your spouse. The process is long and difficult and turning it into a vicious battle will prolong the experience and increase the stresses that you will undertake. Help your matter go quickly and efficiently for your own well being.

Second, the APA says that research shows that a divorce is harder on children when there is prolonged conflict. They suggest that you should keep an open line of communication with your children in order to ease the stresses of the process on them. The more hostile and hidden it is in the eyes of your children the more likely they are to have psychological or social problems down the road.

Finally, the APA puts an emphasis on staying focused on your own well being. Use your friends and family for support. Stay active and healthy as much as possible. Also, do your best to stay occupied and focused on things your enjoy, such as any hobbies that you may have.

We are ready and willing to help you through the legal processes of your divorce. Contact us for any legal questions but do not forget to take care of yourself as well. For more information from the APA on getting through a divorce go to http://www.apa.org/helpcenter/healthy-divorce.aspx.

For information about any legal concerns regarding your divorce or custody matters please contact us or fill out our form.

In RI divorce cases where there are minor children, custody can become a major issue in the settlement of the divorce. Most parents find the division of their time with their child impossible to fathom. The negotiating of things like who will get to have them for Christmas and other holidays can turn normally rational adults into bickering forces, each determined to get their own way.

Fortunately, the family court has a very structured guideline when it comes to handling child custody issues between parties who cannot agree on their own. The court uses a standard that determines what is in the best interest of the child to decide on custody placement and visitation schedules.

When you are trying to decide what would be in the best interest of your child, try to see things from their perspective and examine the benefits and damages any decision will have on their well-being. For instance, if having a split custody schedule would cause a lot of shifting and moving around for your child, it might not be in their best interest and would cause more stress for them than benefit.

No matter what you decide with your spouse regarding your mutual children, remember to keep any negativity toward one another to yourselves. Your children are going through enough already and need you to be strong and supportive to help them understand and navigate the changes ahead for them.

If you need counsel concerning RI child custody, contact me at (401) 942-3100 for a free consultation.

No one wants to get divorced, but if the inevitable happens there are a few things you need to keep in mind as you move forward with the dissolution of your marriage.

1. Though it is not always the best choice, it is always “easier” to stay married. ~ This fact may not save your marriage, but it may save you from endlessly lamenting about the RI divorce process. Yes, divorce stinks, and yes, it is technically easier to stay married, but in most cases if you’re ready to divorce your spouse, you have already explored all of your options in terms of mending the relationship. Resolve yourself to move through the process to the best of your ability and get to the other side where you can start a new life.

2. The house may have to go. ~ The only thing worse than getting divorced is trying to hold on to the house for sentimental reasons when you know that you can’t pay the mortgage alone (or it will be a hardship to do so). This is particularly true if you have children. While the move may be difficult at first, having you available to them while they go through the divorce process too will be more important than staying in the same house. In some cases, in fact especially if you had a difficult marriage with a lot of fighting and trauma, moving may give everyone the chance to start fresh in a home with more positive energy.

3. If you do not pay child support, you will go to jail. ~ That one is pretty self-explanatory, and yet so many non-custodial parents fail to pay when their support is due. Pay it on time, in full and you can avoid the added financial and emotional burden of having to appear in court and subsequently being placed in jail for failure to pay your child support.

4. If you cannot agree on certain issues, the court will decide for you. ~ Issues in particular relating to the separation of property and those having to do with any minor children of your marriage are taken quite seriously by the court. If you and your spouse cannot reach an agreement in these areas, the court will decide based upon the laws for the division of assets in RI, and what will be in the best interest of the children.

5. Spouses are rarely awarded both alimony and child support. ~ The circumstances that must be present for a spouse to be awarded both alimony and child support are a dwindling statistic. Find out what your rights are, but be prepared to accept child support in lieu of alimony unless you meet a strict set of criteria for the time that you were married to your spouse.

If you need help with a Rhode Island divorce or child support issue, contact me at (401) 942-3100 for a free consultation.