Is a PreNuptial Agreement Right for You?

We all love weddings and seeing someone happily married, and always wish for the continuation of their wedded bliss. However, sometimes, situations arise that require us to protect ourselves in the face of unforseeable changes in our circumstances. Having a pre-marital agreement can be a lot like having life insurance, not something you ever want to use, and yet great to have as a safety-net should you ever need it.

If you are entering into a marriage later in life, or are entering into a marriage with a great deal of financial assets, intellectual or real property, a prenuptial agreement might be something you need to seriously consider.

In entering into this kind of agreement, you are not saying that you are planning to get a divorce, or that you have no trust for your spouse-to-be, you are saying that you are both mature individuals, who have worked hard all your life and are reaping the rewards for a life well lived; that you are both smart enough to realize that unexpected things do happen, and you take precautions to take care of yourselves, even while providing for the happiness and security of one another.

Too many people see a prenuptial agreement as a one-sided contact where the person who wants to create the document will be reaping unfair rewards should the marriage come to an end. This is simply not the case. In most prenuptial documents, both parties interests are represented and preserved, so that no one has an unfair advantage. These documents can even be drafted in plain and simple language, between two people who love one another, and plan on spending their lives together, while accepting that the unexpected is also a fact of life.

If you are planning to get married and one or both of you has substantial assets to bring to the union, consider the consultation of a legal representative who can help you find the best way to preserve your interests and provide for the security of your loved one.

Getting a Divorce in RI for Free

As in most states, in RI there are provisions for married couples who would like to divorce, but do not have the money to hire an attorney. Although it is always advisable to hire an attorney to counsel you, whether you elect to have them join you in court or not, there are ways to make the financial burden less painful to begin with.

If you and your spouse are in agreement about the marital property, this property consists of little more than your personal effects and perhaps a house, and there are no children of the marriage, you can prepare your own documents for the filing of the divorce. The court will require that you follow certain procedures, and that you pay a filing fee, before you are given a court date.

Attending court without an attorney, you may have to wait longer for your case to be heard, and you will definitely be required to respond to direct questions from the Judge. In addition, once your case has been heard, there will be paperwork that needs to be filed afterward. If you fail to file this paperwork on time, your divorce will not only fail to be finalized, but you will need to file a Motion to get permission to file the paperwork late or, out of time.

The divorce process, while not overly difficult, still presents significant challenges to most people, even with an attorney. However, if you are considering handling your own divorce, seek the advice of a qualified family law attorney first.
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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 Divorce Separation Agreements

RI Supreme Court rules that Wife may receive one half of ex husband's stock options years after the divorce is final.

In the Case of DiPaola v. DiPaola, the RI Supreme Court has ruled that a wife is entitled to receive approximately 1/2 of $854,000, which represented stock options that ex-huband received from his employer. The case goes to show how important the wording in a martial settlement agreement. In this case the ex-husband thought his ex-wife was only entitle to approximately $62,000. The Supreme Court felt that the martial settlement agreement was ambiguous as to whether the wife was entitle to

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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.