Saturday, March 19, 2011

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.

Wednesday, March 16, 2011

How to Tell and Help the Kids When Divorce Looms

How to Tell and Help the Kids When Divorce Looms

The manner in which parents handle the process of telling and supporting their children when they've decided to divorce can make all the difference in how the children make it through this difficult process.

Q: My husband and I have decided to divorce. We want to be proactive in supporting our kids through this. Our children are ages 3 and 5. How do we tell the children? What can we do to help them through this? It's a very difficult time for my husband and for me but we want to work together for the best of our kids.

A: Those last eleven words of your final sentence above need to be the touchstone that you and the father of your children establish, maintain, and return to again and again throughout this process. In my years of experience counseling children and parents through the divorce process, and my training as a Child Specialist in Collaborative Divorce Law, I will tell you that though divorce can be a very difficult challenge for children, it's all in the way you, the parents, handle it. It will be essential at all times for both of you to focus on working together for the best of your children as you say you wish to do.

When it comes to telling the children there are several things to consider. Since your children are very young, you're going to want to keep it simple and focused on the concrete elements of this process in how it relates to them and their world. They simply don't have the cognitive capability yet to understand an abstract concept of "divorce" per se. What they need to see and feel is that while their family is going to make some changes, Mommy and Daddy are both there for them and will continue to be there for them. Here are some specific recommendations:

1. Until you and your husband have figured out where each of you will be living and exactly what the initial schedule will be for the children, wait on telling the kids.

2. That said, establish the new living arrangements down to the details and work out a plan for the children to remain in their normal routine as much as possible while you make a gradual shift in changing the routine. Be sure that both of you have established special time with the children. You may want to seek the guidance of a co-parenting counselor who can help you come up with a parenting plan. If you are unable to agree, you may need to seek a custody evaluation with a psychologist or a court appointed Guardian Ad Litem to determine best interest of the children in terms of custodial arrangement.

3. Be sure you are united and well rehearsed in what you're going to say as a team when you sit the kids down. Take care of your own emotional needs with your own counselor or a supportive friend before you have this talk. It's okay to show a little normal sadness but if you are too emotional to have the talk with them, wait until you are feeling clearer and stronger. You don't want to alarm the children.

4. Focus on the simple concepts of how the family is going to change: Mommy and Daddy are going to live in two different homes and you are going to spend time with Mommy and Daddy. Reassure them about their school, friends, routine and make sure you both tell them that you both love them and are going to both be there for them.

5. Answer their questions with simple answers. Don't make it complicated. Your three-year-old might want to know if Daddy will have a stool to reach the sink at the new house like she has at the house she is in now. Your five-year-old might want to know if she can have her own room and what color the walls will be. Don't turn these questions into openings for abstract discussion. Just reassure them on the concrete details.

6. Seek professional counseling for your children with a play therapist who has experience helping children through divorce. It's an important proactive measure. Play therapists with this specialty are able to help children and parents through the process so that emotional trauma is avoided or at least minimized.

7. Inform your children's teachers and see if there are age appropriate support groups for changing families at their schools. You might also seek out a group like this at a counseling center for children or at some of the local churches and synagogues.

Remember, throughout the process, when and if the adult issues of the divorce send you off track, working together for the best interest of your children is the touchstone to which you should return. Keep this as your focus and your children will get through this in a healthy manner.----------------------------------------------------------------------------------
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, March 9, 2011

Attorney Rui P. Alves Selected for RI Super Lawyers Rising Stars 2009 and 2010

February 2011 - Providence, RI – Rhode Island Criminal Defense and Family Law Attorney Rui P. Alves has been selected by RI Super Lawyers Top Attorneys in RI and Rising Stars for the second year in a row. Attorney Alves was honored with this distinction in 2009 as well as 2010.

The selection process employed by Super Lawyers, Law & Politics, is extensive and encompasses every aspect of character, skills, peer opinions, and history of the candidates selected. The selections are made annually, state-by-state, and evaluate 12 categories. The resource created by the selection process is made available to help clients find attorneys, as well as a resource for other attorneys.

When asked to comment about this distinction being offered for two years in a row, Attorney Alves stated, “It's refreshing to see that this process is helping so many people connect with professionals who can help with some of the legal issues they may be facing. I am honored to be included and distinguished for the second year in a row, and will continue to provide the best possible assistance that I can to those in need of legal advice and guidance."

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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.

Attorney Rui P. Alves Sworn in as Member of US Supreme Court

March 3, 2011 – Washington, DC - On February 23, 2011 at 10:00am, RI Attorney Rui P. Alves was sworn in as a member of the United States Supreme Court in Washington, DC.

In addition to the substantial amount of forms and the fee involved in the admission, the criteria for the swearing in of a member to the United States Supreme Court include that the attorney be a member in good standing with the Supreme Court in their own state, that they be in the practice of law for a minimum of three years, and that they obtain the signature of two sponsors who are already members of the U.S. Supreme Court Bar.

Attorney Alves was deeply moved by the experience and said, “It was distinct honor and privilege to be sworn in today as a member of the bar of the US Supreme Court. Having a private audience with Justice Alito prior to Oral Arguments was a once in a lifetime experience. Justice Alito spoke about the cases that were going to be argued in a coming attractions format. As a lawyer, hearing a Justice of the US Supreme Court give you a preview of two cases that the Court was about to hear, is an event that very few people will get to experience in their lifetime. Equally as impressive was being present in the US Supreme Court during oral argument. As a lawyer, there are few events that compare to having your name read aloud in the chamber of the United States Supreme Court. I was seated almost directly behind the podium where the attorneys who were arguing the cases were standing. During the two hours of oral arguments, I felt the Justices staring down on me on at least half a dozen occasions.”


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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.