Admitted to serving
all State and
Federal Courts
in RI, as well
as all State
Courts in MA.
Rui P. Alves
Divorce
The break-up of a marriage is an unfortunate situation. In the best possible outcomes, finances are unbalanced, families are displaced and futures are shattered. In the worst situations, homes are lost or fought over, domestic violence occurs, and children are torn apart by the adults fighting for them. Striving to remain aware, and focus on moving through this difficult time needs to be paramount in the minds of the adults who are separating. Working together with a qualified family law attorney can help.
Recent Results by Divorce Attorney Alves
MA Child Custody/Support: Mother allowed to move to Massachusetts from Rhode Island with her newborn child. Father contested that Rhode Island was the correct court. After going to MA Court, MA was established as the proper court. Father was ordered to pay child support.
MA Child Custody/Support: Mother wanted permission to relocate the child to Rhode Island. The parties had shared legal custody of the child. After successfully obtaining a guardian ad litem, mother was allowed to relocate to Rhode Island and awarded sole legal custody of the minor child. Father was ordered to pay child support.
MA Child Custody/Support: Father wished to relocated his two minor children to Rhode Island. Mother had physical custody of the minor children in MA. After a trial, children were allowed to move to Rhode Island with father. Mother was ordered to pay child support.
MA Child Custody/Support: Father wished to relocated his two minor children to Rhode Island. Mother had physical custody of the minor children in MA. After a trial, children were allowed to move to Rhode Island with father. Mother was ordered to pay child support.
RI Child Support: Father was ordered to pay child support. Father failed to pay child support. After a hearing, father was incarcerated for failing to pay child support.
In order to file for a divorce in the State of Rhode Island, the party filing the divorce case (Plaintiff) must be a resident of the state of Rhode Island for at least one year before filing the paperwork. If one of the parties lives out of state, special circumstances apply and should be discussed with a reputable family law attorney. The parties did not need to be married in Rhode Island to file for a divorce in RI.
If both parties agree to the division of the marital estate (any property, tangible or intangible, acquired during the marriage), as well as, if there are minor children, agreeing to custody, placement and support issues, the parties may file what is called a nominal divorce. The process for filing this type of RI divorce petition involves filing the necessary documents with the clerk of the Family Court, obtaining service on the opposing party (Defendant), appearing for a hearing, and filing the necessary documents to finalize the divorce within a specified time frame. In this type of divorce proceeding, if all goes well and as agreed, the parties can be legally divorced within a period of 3 months from the date of the hearing.
If there are any areas where the parties do not agree however, a contested divorce must be filed instead. A contested divorce takes much longer to conclude, and involves a great deal more than a nominal divorce proceeding. The parties may need to visit the courthouse for more than one hearing, in some cases even a trial. The necessary documents are involved and difficult to understand without the assistance of a professional divorce attorney. And the entire process can take years, rather than months to conclude.
The Commonwealth of Massachusetts has a different procedure as well as forms unique to the Commonwealth. If you are a resident of MA then you will need a professional MA Divorce Attorney to help you with the process.
In Massachusetts Probate and Family Court, all parties must go through a preliminary agreement process. This process involves the settling of any difficulties or issues that the couple may have prior to their divorce being granted a hearing date. MA Divorce proceedings require the divorcing couple to come to agreements in the areas of equitable division of property, child custody, child support, spousal support if applicable, financial issues, and any other areas of contention.
If, after the preliminary settlement period, the couple is unable to reach a mutually agreeable decision, the matter is set down for hearing and the lengthy trial process will begin.
Ninety-five percent of couples divorcing in the Commonwealth settle their cases and move into the process of filing finalization papers. For the 5% who cannot reach an agreement, the road is a long and difficult one to settlement.
The added stress and financial burden for a family, especially those with small children, cannot be underestimated. Any divorce proceeding will be a very difficult time for family members. Having a competent, understanding RI or Massachusetts divorce lawyer to help you through the process, will leave you free to focus on recovering from the experience, and moving forward with your life.
Contact Rhode Island and Massachusetts Divorce Lawyer Rui Alves for a FREE initial consultaion at: (401) 942-3100 or EMAIL rpa@alveslaw.com now.
The following may be some of the issues that arise during a divorce matter:
CHILDREN
There are four main aspects with respect to children
who will make major decisions regarding the health, welfare, religion and schooling of the the children.
who the children will live with more than fifty percent of the time.
if one parent is awarded placement, what will be the visitation schedule of the non custodial parent.
how much the non custodial parent will pay to parent where the children reside. Support is based upon a formula enacted by the State of Rhode Island.
Our firm has extensive experience with all of these areas and is ready to explain during a free office consultation.
ALIMONY / MAINTENANCE
As with other aspects of a divorce settlement, calculating amounts and determining if alimony is appropriate can be confusing. Be sure to hire an attorney who has experience in dealing with alimony as part of the divorce agreement.
PROPERTY DIVISION
When a couple has been married for any length of time, it is likely that they have shared assets. Upon divorce, marital assets need to be valued and divided in a manner that is fair. Our firm has extensive experience with divorce and with many cases of property division.
Whether you need help obtaining child support, dealing with restraining orders, or getting a divorce, our family law and divorce lawyers can help. From our offices in Cranston, our lawyers help clients in Providence, Warrick, Johnston, Kingstown, East Greenwich, Kent County, Washington County, Providence County, and all across Rhode Island & Masschussetts.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
The Rhode Island Supreme Court licenses all lawyers and in the general practice of law. The Court does not license any lawyer as an expert or specialist in any field of practice.