BANK ACCOUNTS &
DIVORCE
Bank Accounts and divorce in Rhode Island.
What happens to ownership of your bank account in a divorce in Rhode Island. Using divorce mediation to resolve financial issues in a divorce
I had my own bank account before we were married. Is that still my money now that we're getting divorced?
In the majority of states, the answer depends on what you did with the money. If you converted the account to a joint account, transferred the balance into a joint account, or deposited money earned during marriage into your separate account, the account may no longer be considered your separate property.
If you withdrew some of the money and invested it in a marital asset (a jointly owned house, for instance) that portion of the money may no longer be considered your separate property because you have transmuted it. If you kept the account in your name, only used it for your personal expenses, and didn’t deposit funds earned during marriage, you need to examine how you have used the money. If you spent money from this account to make mortgage payments or for other marital expenses, you may also have transmuted the money you spent into marital property.
It may be some consolation to know that even if all assets are considered marital property, premarital assets are not usually split equally between the spouses when the final settlement is made.
Providence family law attorney
Kerry I. Rafanelli
Contact Us
Kerry Rafanelli,
Attorney At Law
OUR ADDRESS:
Kerry I Rafanelli, Attorney at Law
670 Main Street, Suite C-4
East Greenwich, RI 02818
PHONE NO.
401-398-8388
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401-398-8399
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Frequently
Asked Questions
Consult an experienced Rhode Island divorce attorney for answers to your questions. Call Kerry I. Rafanelli, Attorney at Law, at 401-398-8388 or contact us online to schedule your consultation at our East Greenwich law office.
Should I retain a lawyer if my fiancé's attorney has already drawn up a prenuptial agreement?
Both parties to a prenuptial agreement should be represented so that you can feel confident that the contract is fair to you.
Am I considered the parent once my adoption of a child is finalized?
At the completion of your adoption, you acquire all the rights and responsibilities of a parent–including making important childrearing decisions and providing your child with financial support. Your child gains all the rights as your natural children would have involving inheritance, immigration, government benefits and healthcare coverage.
Am I entitled to visitation rights as soon as I affirm my paternity of my child?
In most cases, you are entitled to visitation with your child, but you must file a petition with the court requesting visitation.
Am I entitled to child support as soon as the father's paternity is positively affirmed?
You are entitled to financial support from the father, but you must file a petition with the court requesting child support. You may be entitled to support from previous years as well.
What is the difference between guardianship and adoption?
Adoptive parents acquire all the rights of natural parents. Guardians have legal and physical custody, but are not considered the parents of the child and must periodically appear before the court to give updates on the child’s status. In some cases, the birth parents may retain their parental rights.
Is my former spouse permitted to move my child to another state?
A custodial parent must petition the court to relocate with your child to another state. You can object to the move and present evidence at a court hearing.
What does the court consider in relocation cases?
The court considers what is in the best interest of your child — including financial advantages of the move, educational opportunities, the existence of extended family in both locations, the nature of the child’s relationship with each parent, and the logistics of visitation with the noncustodial parent.
How can I learn more about family law?
Call Kerry I. Rafanelli, Attorney at Law or contact us online to schedule your no-obligation, free consultation and get the answers to all of your family law questions.