In Marriage Or Divorce, Communication Is Key

By Robin Roshkind, Esquire, West Palm Beach, Florida

Whether you are entering a marriage or trying to leave one, it is important to communicate with your spouse.  It is where unreasonable expectations raise their ugly heads. 

That is when it is important to consult with advisors, whether they are financial, legal, or psychological. 

Regarding a marriage, there is alot to talk about: prenuptial agreements, family finances, children, extended families, who owns what property.  In divorce alot of the same issues apply, but add to those the issues that of  time sharing with children, attorneys fees, spousal support or alimony.   And of course the division of marital property and preservation of separate property or inheritences.  If there is no commingling during the course of the marriage, separate property remains non marital.

Marriage and divorce are life changing events as is deciding to have children.  The best advice is to seek professional help from lawyers, accountants, insurance professionals, finanacial planners, marriage counselors or therapists if you just can’t communicate effectively with your partner or if you are having touble sorting things out by yourself.

For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

DIVORCE CASE OF THE MONTH: Divorce Your Spouse, Not Your Child

By Robin Roshkind, Esquire, West Palm Beach, Florida

I had a client come in who was married to an airline pilot.  She said her husband came home one day and packed his things and left saying he was “done and owtta here”.    His teenage son was standing in the kitchen after school while all this was going on.

No one knew it at the time, but this  father would not have contact with his son for more than 3 years.  The mother receives a child support check every month.   What are the ramifications of this case?

First, the marriage was irretrievably broken and a divorce was granted.  But more important than that, the son blames himself for driving his father out of his life.  When he is done acting out on that, he blames his mother for driving his father out of his life.

Needless to say, this teenager has been in trouble with the law, does poorly in school and has self esteem issues.   While the real blame should be on the father himself.  What was he thinking?  He single handedly ruined this child, perhaps for life.

If you want a divorce, you will get a divorce.  But don’t turn your back on your children.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 51-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Should Children Be Split Up in Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Generally speaking, judges in Palm Beach County do not like to split up siblings by giving one child to one parent and the other child to the other parent in terms of custody arrangements.  As a matter of fact, the word “custody” is replaced now by “time sharing”.   But it is a well accepted principal of law that where ever the children go, the child support goes.  So parents usually end up fighting about time sharing and child support payments.

The best interests of the child is the standard the court will use to determine time sharing.  If a specific case warrants that the children be split up, the judge has the discretion to direct that in a court order.  For example, a 16 year old son may live with his father while the 3 year old daughter stays with the mother.   Because each case is different and is resolved on a case by case basis, it is impossible to predict time sharing, unless the mother and father agree with each other in mediation, and before getting into court.   For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

What To Do If Your Spouse Has A Paramour.

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you and your spouse are separated, and there is a boyfriend or girlfriend in the picture, how do you handle such a situation?

The best advice is that everyone should mind their own business.  But when it comes to harassment, stalking or bad behavior, that is unacceptable.  A call to the police is.   And a police report will be written.

If a girlfriend or boyfriend is bothering the spouse, by stalking or telephone calls, the recourse is to get a restraining order or an injunction for protection.  And vice versa, if the spouse is stalking or telephoning the paramour, it is up to the boyfriend or girlfriend to get a restraining order against the spouse.

Florida is a no fault state.  Once divorce papers are filed, stbxs can date, have sex outside the marriage, get into a serious love relationship.  However, if it effects marital funds  (dissipation of marital assets) or children,  or there is annoying, harassing behavior, the courts can and will put a stop to it.  For more information call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Don’t Get Married IF………….

By Robin Roshkind, Esquire, West Palm Beach, Florida

For those of you who are contemplating entering into a new marriage this Valentine’s Day or hereafter,  here is some legal advice to consider:  DON’T GET MARRIED IF:

1.  Your love is deeply in debt or has bad credit.

2.  Your love always asks you for money or loans.

3.  Your love is needy, financially or otherwise.

4.  You find yourself the victim of verbal, mental or physical abuse.

5.  You can’t get along with his/her kids.

6.  He/she can’t get along with yours.

7.  Your kids don’t get along with his/her kids.

8.  You want a pre nuptial agreement and he/she refuses to sign or vice versa.

9.  You don’t know him/her longer than one month.

10.  The sex is great but everything else is mediocre.

If you have any doubts or issues, see a therapist.  Then see a lawyer.  For more information about this or other family law questions, call one of the family lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com

Should You Change Your Name?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are contemplating whether or not to change your married name back to your former name during divorce proceedings, know that it is less costly to do this now than after the divorce is granted.

As part of your divorce petition, you can ask the court to restore your former name.  However, if you think about it after the fact, it will require a separate court action, another filing fee and another hearing before the judge.  You will have to prove you are not changing your name to defraud creditors.

In a divorce action, judges know that some wives wish to drop their husbands’ names, so it is allowable under the same case.  So whether or not to change your name depends upon the following:

1) How much you hate your stbx or his name.

2) Whether you wish to keep the name because your children have the same name.

3)  If you have the mindset of getting a fresh start in life you may want to drop your married name.

4) If your driver’s license, credit cards and other documents still have your former name, you will want it back.  On the other hand, if all of those docs have your married name, you may want to keep it simply for the convenience of not changing all your cards and docs back again.

Whether or not to change your name during divorce proceedings is a very personal matter and should be considered along with all the other issues in your divorce.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Can You Postpone a Divorce Proceeding?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If one spouse wants a divorce in Palm Beach County, Florida, and meets the six month residency requirements, and declares the marriage is irretrievably broken, a divorce will be granted.  That is, if the proceedings go forward all the way to conclusion.

There is a way to put off a divorce, pending a reconciliation or a reconciliation attempt.  That is by Motion to Abate the Proceedings.

Essentially, you are asking the judge to stop the divorce from going forward to 1) give the parties time to go to marriage counseling, 2) give the parties time to get their lives back on track whether it be for school or a job, 3) or generally give the parties time to negotiate a settlement.

Abatement of divorce proceedings is a temporary measure and usually does not last longer than 60 to 90 days unless warranted.   For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Who Should Pay Credit Card Bills?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Credit card bills, utility bills, homeowner’s association fees, property taxes, bank fees and the like all add up in an ongoing household.  But when couples decide to divorce, the issue becomes: who should pay for what pending the divorce proceedings.

If the divorce is a friendly one, an amicable divorce, the parties can work it out.  One suggestion is based upon each spouse’ income as a percentage of the whole.  So for example, if the electric bill is $100 for the month of February, and the husband earns 60% of the family’s income, he should pay $60 of the $100 electric bill.  If the husband/wife is the only breadwinner of the family, then the payor is obvious.

Where problems arise, is if 1) the spouses are fighting like cats and dogs; and 2) if the breadwinning spouse cuts off the other.

Credit card bills, household expenses, car payments are marital expenses.  It is best to work it out between the parties, or at a mediation,  or if that is not possible, have the judge decide who pays what bills at a temporary relief hearing in the courtroom.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

CASE OF THE MONTH: Marrying a Foreign National

By Robin Roshkind, Esquire, West Palm Beach, Florida

A client came to me saying he wanted to get married, but wanted to protect his assets via a pre nuptial agreement.  The bride to be was a younger woman from South America.

THE PROBEMS:  On those few facts, here is what I advised.

1.  Do the pre nuptial agreement and get it executed long before setting a wedding date.

2.  To be sure the bridge wasn’t marrying him for US Citizenship purposes, give her nothing by virtue of the pre nup the first 3 years of marriage.

3.  She will need to testify at the pre nuptial agreement signing that she has no language barriers and that she fully reads, writes, speaks and understands English.

4.  The pre nup signing will be videotaped.

5.  The bride needed her own attorney.

6.  Both bride and groom need to disclose finances.

On those few facts, and these six points of advice, I may have saved this man millions of dollars and years of misery.  For more information about this or other marital topics, call one of the lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Your Financial Life After Divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Divorce is life changing both for husbands and wives, payors or payees.

Considering the payments of alimony, child support, and attorneys fees, in addition to normal mortgage payments or rent, car payments, utilities and other living expenses, divorce can be a frightening thought when it comes to finances.

Also, where there are lump sum settlements, this means that one party pays and the other party receives. No matter what side you find yourself in, how you adjust can mean the difference between comfortable living and living paycheck to paycheck.

So this advice is for both the spouse who has to pay out, and the spouse who receives:  manage your funds wisely.   Get financial advice from an accountant or other financial planner/advisor.  And keep in mind any tax ramifications of any divorce settlement.  For more information, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.