Monday, February 28, 2011

RI Custody Cases

Why Self-Representation is not a Good Idea

There are all kinds of parents, and not all parents of minor children are married. When there are custody issues between non-married parents, the situation becomes even murkier than when there is a divorce involved. In a divorce situation, the subject of paternity is rarely a consideration, as the minor children are 'of the marriage' and unless one or both parties suggests paternity testing, or one parent is not listed on the birth certificate, the children are considered to be of the parties to the divorce.

In situations where the relationship has not been legalized through marriage however, paternity could become an issue; even if you have been with the child from birth, even if you are living with the child, and even if you are currently contributing to the financial stability of the child.

Because there are so many varied familial situations that can occur both outside and within the confines of a marital relationship, unless you are clearly listed as a parent on the birth certificate, you may find yourself in the middle of a paternity suit; having to provide blood to prove you are the father of the child.

The main consideration when deciding to represent yourself in a custody battle, aside from the time involved in appearing for court hearings, is that there are considerable amounts of paperwork that need to be filed with the Family Court in a timely manner. If you fail to file certain documents and requests within a specified time frame, you may forfeit your right to view valuable material, or gain important information that could have a serious bearing on your case.

If you are a non-married parent of a minor child and are concerned about paternity or are entering into a custody dispute with the mother or father of the child, contact an experienced family law attorney in RI for legal assistance to preserve your parental rights.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Common Law Marriage in RI

Getting the Facts Straight

According to the general population, the main characteristic of a common law marriage is that you live together for at least 7 years; a tremendous misconception. In Rhode Island the provisions for determining a common law marriage have nothing to do with how long you live together, and everything to do with whether or not you already consider yourselves a married couple.

In RI, for a couple to establish themselves under the common law marriage precedents, they must “seriously intend to enter into the husband-wife relationship.” The prevailing precedents come from case law, and speak to the way a couple conducts themselves, how they introduce themselves to other members of the community, and of course their living arrangement.

One of the major building blocks in a common law marriage case, would be whether the couple presents themselves to the community at large, family and friends, as being a married couple. These statements would have to be made with no denial from either husband or wife. If a women were to adopt the surname of her husband, if the couple were to file their taxes jointly as a married couple, as well as any property or finances held jointly can all point to the existence of a marital relationship.

The inclusion of one of the criteria, or all of the criteria, do not necessarily imply to the Court that a common law marriage exists. It is more a combination of various facts and situations that may tell a Judge that a marital relationship exists between the parties. Because there are many factors that can be considered when establishing the existence of a common law marriage, discussing your individual circumstances with a qualified domestic relations or family law attorney is the safest way to be certain your rights are preserved.


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

Wednesday, February 23, 2011

Divorce By Social Media

If you're considering a divorce, remember to keep your social interactions above-board, and not just the in person meetings. The recent surge of interest in everything from online dating, to social media is having its own effect in the Family Law courtrooms of America.

Places like Facebook are particularly high on the list of places where divorce attorneys look for contributing factors and information about spouses who are parties to a divorce. Everything from conversations to wall posts and friends lists are up for grabs as evidence of infidelity or divorce plans.

With so many people reconnecting online through social media, it is understandable for couples to run into old flames or exes online. While this can be a tough situation in some relationships, what needs to be examined more than a spouse finding an old ex to rekindle a relationship online, is the state of the marriage that allows that situation to root in the first place.

Social media is a great way to unwind and stay in touch with family and friends, as well as meet new people with similar interests. What married couples need to remember however, is to shut off the computer and spend time with one another every day. No matter how much work you have to do, or how much the house needs cleaning, or how much you enjoy being online, it should not be a substitute for the best friend relationship you share with your spouse. If it is, you could expect nothing less than a shift in perspective at the very least, and eventual divorce at the worst, to be the result.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Monday, February 21, 2011

Will I Be Taxed on My Child Support?


The short answer is no, there is generally no tax on either child support payments, nor a deduction for the party making the support payments. Child support is not considered income. It is a payment from one parent toward the well-being of their own children. It is the same idea that couples with children who remain together in marriage would not expect one parent to file taxes against or deduct any monies spent in the upbringing of the children of the marriage.

In some isolated instances, where alimony is granted, the parties may agree to increase the alimony payment in return for a decreased child support payment. The results of this are two-fold; first, the party paying the extra alimony will be able to take that amount as a deduction from their taxes. Unfortunately, this also means that the party receiving the increased alimony payment will be expected to include this amount as taxable income on their return.

Additional caution should be exercised in this situation however, as decreasing your child support, and increasing your alimony and income, can eliminate some substantial dependent and child related tax-breaks. A discussion with a tax professional prior to agreeing to this kind of arrangement can eliminate any doubt as to whether it would be a viable choice under your own financial circumstances.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Monday, February 14, 2011

DCYF Renders Decision in Neglect Case



Facts: A father and mother are charged with the neglect of their minor children by RI DCYF.

Results: After DCYF hearing, and incarceration of mother, father is awarded sole custody and placement of minor children.


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

Family Court Determines Absence of Common Law Marriage



Facts: In a RI Divorce where the wife asserted that the house was joint property because of the existence of a common law marriage.

Results: The Court stated that no common law marriage had been established and denied its existence.

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

RI Family Court Attorney Case Results



Facts: In a RI Divorce with a minor child, where the wife requested alimony, child support and custody.

Results:
Wife denied alimony and father given custody of the minor child



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

RI Assault and Disorderly Conduct

RI Criminal Defense Attorney Rui P. Alves secures not guilty verdict for client...

Facts: Young person involved in bar brawl outside of Newport RI bar charged with criminal-assault on a police officer and disorderly conduct.

Result: Not Guilty after trial.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Family Court Issues Resolved

Sometimes all that is needed for a successful Family Court outcome, is someone who will listen and provide exceptional guidance through the legal system...

I appreciate all the help with my case and all the help you have provided for me and my family. You are a great person to have on our side and my sister is very appreciative of what you do for her case with her kids. You have made a big difference in her case once you took over.
Thank You again and much success to you. Best Regards... ~ Paul A.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Alves Law Offers Highly Qualified Legal Service

Jamal K. found the assistance of Alves Law invaluable and writes....

For all those in need of a well qualified, respectable lawyer, I would highly recommend Rui P. Alves. I can attest to his ability to perform effectively while keeping your best interest at the forefront. It was a pleasure working with a competent individual that thoroughly explained the judicial process and the actions needed to reach a successful conclusion.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Saturday, February 12, 2011

Recession and Divorce

Recession Divorce Rates: Marital Unions Unraveling As Economy Bounces Back?

Huffington Post Amy Lee First Posted: 02/11/11 01:27 AM Updated: 02/11/11 01:32 AM

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Recession Divorce

Fewer couples get divorced in times of economic difficulty, but is that because their marriages are great, or because they're too broke to get divorced?

"The Survey of Marital Generosity," the latest study from the National Marriage Project at the University of Virginia, seems to suggest that both things may occur in times of national hardship.

Despite previous findings that financial stress tends to weaken marriages, the survey--culled from a nationally representative sample of 1,197 married Americans aged 18 to 45, released earlier this week--found that 29 percent of Americans believe the most recent recession deepened their commitment to marriage. What's more, 38 percent of couples who had been considering divorce prior to the recession put those plans aside.

"Classically one of marriage's core functions was to provide mutual aid to adults in times of need," said the study's author, W. Brad Wilcox. "Sometimes, not always, when couples suffer together they may develop a deeper appreciation for each other and for their marriage."

Still, the reasons couples had for putting divorce aside seem to vary. While 43 percent of Americans with no financial stressors reported their marriages to be "very happy," only 27 percent of those with two to three stressors did the same, which suggests that the couples' decision to stay together during the recession may have as much to do with the financial obstacle divorce presents as it does with learning to work together to preserve their unions.

"In the face of tough times, some couples spiral downwards and other couples prove to be resilient and tough times can make them even stronger," Wilcox said. "There's some evidence at the collective level that everyone is suffering and there's a message in the society that we're facing tough times economically that can paradoxically foster a spirit of solidarity."

"Some people are postponing their divorce until someone can buy their house or they reach some threshold where they can divide some asset and live more comfortably after the divorce," he continued. "As the economy improves we'll see an uptick in divorce--after the great depression there was an uptick in divorce."

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That observation is in line with a NPR report which aired yesterday and pointed out that the country is, indeed, experiencing such an uptick as the economy bounces back from recession. Though the divorce rate fell around 7 percent during the recession, as the financial situation eases, unhappy couples are divorcing more readily, NPR reported. One reason for that? The ability to split home assets that were previously unsellable.

Wilcox emphasized that the impact of the recession on marriages involves a complex set of factors: "In most marriages there are ebbs and flows--marriage is a dynamic relationship for anyone," he said "My biggest concern about this recession is that it's only reinforcing this kind of class divide [in marriages]. Americans who've been hardest hit are working class and poor men. It just makes it that much more difficult for these guys and their families to keep it all together."----------------------------------------------------------------------------------
If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Thursday, February 10, 2011

Separation and Money

For Some Couples, Economic Indicators Say Split

More couples are filing for divorce, thanks to gains in the U.S. economy that make it easier to divide assets.
EnlargeDavid Kennedy

More couples are filing for divorce, thanks to gains in the U.S. economy that make it easier to divide assets.

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February 10, 2011

In a grim sign of the economic recovery, the divorce rate, which dipped during the recession, appears to be on the rebound.

Divorce is expensive, so when the economy tanked, a lot of unhappy couples decided it just wasn't the time to split. Some held off when they couldn't sell their home. Federal figures suggest the divorce rate fell about 7 percent between 2006 and 2009, and divorce lawyers across the country saw business dry up. But that's changing.

"I would say that over the last six months, the activity in our firm has probably picked up by 20, 25 percent," says Sandy Ain, a divorce lawyer in Washington, D.C.

In fact, Ain is getting so many calls that he can't handle them all. He sees several reasons for the uptick.

"One is the credit markets are actually loosening up," he says. "Banks are starting to lend money again."

That means someone can borrow money to buy out a spouse — to pay for one's share of the house, for example. Or, as is common for business owners, to give a spouse his or her legal share in the family enterprise.

Another big change is that the stock market has nearly doubled from its darkest days. When retirement funds and savings accounts are fatter, people feel more secure striking out on separate lives.

Finally, there is simply pent-up demand.

"When a person is ready to have a divorce, they generally don't like it to take two or three or four years to get finished," says Linda Lea Viken, president of the American Academy of Matrimonial Lawyers. "So I think there's a part of the population who just doesn't want to wait anymore."

Still, crude as it seems, the business cycle can play a crucial role in a divorce settlement. Some lawyers say they've been advising certain clients to put off separation during the down economy. Viken says that whether now is the "right" time depends on several variables.

"If a person receives a business, for example," she says, "and the other person receives a house, the value of those two assets is extremely important in determining what else happens."

That's because the aim is often a 50-50 split of a couple's assets. So if, say, a man receives a business that's declined during the recession, giving it less value, he'll likely get to keep more of the couple's other assets. And that property settlement is final — there's no re-doing it once the economy rebounds, and that business, or a house, is worth a lot more.

Viken says there's also something else to consider. It used to be that if your ex-spouse took over a joint credit card or mortgage after a split, the bank or lender would take your name off the contract. But Viken says they've largely stopped doing that since the recession hit.

"Because they want to be assured that they have two people they can go after for these debts," she says. "So if the other person defaults on it, you may not even know that — and yet your credit's going to be affected, and eventually you're going to get that phone call about this huge debt that hasn't been paid."

Overall, divorce has been on the decline in recent years. And Brad Wilcox, of the National Marriage Project, says a lot of couples report the recession actually strengthened their union. Still, money woes are notoriously tough on marriages, and Wilcox says the recession has hit lower-income Americans hardest.

"My view is that as we move forward, we're going to see the long arm of the recession reaching out and grabbing working-class and poor couples a lot more than college-educated and more affluent couples," he says.

In a survey released this week, Wilcox finds that married people without a college degree are twice as likely to say they are thinking of divorce.If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Wednesday, February 9, 2011

Custody battles


We've all had friends or family or celebrities we adore from afar, fight a custody battle worthy of the Sharks and the Jets. Not to mention the $100,000 plus price tag of these battles, unaffordable to most mortals. One of the most shocking things about Halle Berry's current custody battle with her French-Canadian model-partner, is that she's had to quit working on her latest flick in order to devote all her energies to the fight. And maybe her lawyers also advised her it is best to be a "full-time mommy, home baking cookies" in order to have a leg up in court.

These painful, loaded battles, which can drag on for years, are the reason we are so devoted to alternative dispute resolution in divorce. If there's one interest over which a man and woman often can agree, it's that they really truly do want their kids to come away as unscathed as possible. Some people even hope to remain friends as they co-parent into the future. We've heard lots of moms and dads imagine graduations and weddings that are peaceful, joyous family events unmarred by the painful memories of the divorce. "At least we want to be able to look each other in the eye and be civilized," they explain.

So, how do we mediators help couples avoid the child custody morass? First of all we discuss their roles as mom and dad and what parenting means to each of them. We also help them prioritize how they wish to raise their children and what values they each bring to the equation. We discuss, education, faith, activities, budgets and time spent together, as well as any other hopes and concerns they have about their kids. The kids are always front and center in these conversations. When that seems to be slipping away, and they veer toward nasty, blame-filled accusations, we've even resorted to asking to see photos of their adorable offspring, thereby, at least figuratively, bringing them in to the room. A quick glance at even those awful school photos can bring the heat down, reminding everyone, not only of what's most important, but also of what they have in common.

Child therapists who specialize in divorce negotiations and can weigh in on the impact of various parenting arrangement on the kids, may also be part of the mediation team. Lots of times couples don't even know how and when to tell the kids they are divorcing: together, separately, before one moves out, before or after the negotiations are done. And what do you tell them? What if mom or dad is dating? Do the kids meet the significant other? While most parents have good instincts and the best intentions, the stress and anger inherent in divorce may derail their judgment and experts may help them focus, intelligently and compassionately.

So Halle Berry and Gabriel Aubry (and all the rest of you going through this): pull out a photo of that gorgeous little daughter (or son) and remember that your behavior today is in your hands. Come up for air and bring your mutual love of Nahla (or Jimmy, or Susi----------------------------------------------------------------------------------
If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.