Interstate Issues in Divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

In South Florida, many couples own homes both here and also up north, whether it is New York, Chicago, Boston, D.C. etc.  So when a party decides to divorce in their home state of Florida (they establish residency here for tax reasons), there are property issues out of state.

This causes a little wrinkle in divorce proceedings, because the Florida court has no jurisdiction over property in another state.  So say for example, the parties agree that one of them takes the Florida home and the other of them takes the home up north, how does the court here go about enforcement of that court order?

It can’t.  The Florida court order would have to be “domesticated” in New York or Boston or wherever the property is, and a court in that jurisdiction would have powers over the property there.

Other interstate issues concern children.  Where two parents live in two different states, it is the home state of the children that controls.  That is because the state in which the children live has jurisdiction over them.

So if a divorce was done in Florida, and mother and child move to New York, it is the New York court that has jurisdiction over the children.  If the child support payor father lives in Florida, the mother can enforce child support against the father in Florida because he is here.  If she wants to enforce the child support in New York where the children live, she has to “domesticate” the Florida court order and make it a New York court order.

For more information about other interstate issues in divorce, 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.

The Emotions Of Divorce, Part II.

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are the spouse who is initiating the divorce, the emotions you experience can be quite different than those feelings if you are the spouse who does not want to divorce.

A spouse who finally gets up the nerve to announce he/she wants a divorce, feels a huge sense of RELIEF.  They have been miserable for a long time and are finally doing something about it.  Along with this sense of relief may come feelings of  GUILT.  A person who f eels guilt is really sorry about doing this but has to divorce to survive.   Guilt may cause ANXIETY, because he/she is not sure he/she is strong enough to see the divorce through without changing his/her mind.

The divorcing spouse may also feel BLAME because he/she took the step to break up the marriage or family.      Then DEFENSIVE is the next emotion, because there has to be some rationalization to this  action.

Ultimately, the divorcing spouse will either feel it was the right choice or the wrong choice.  If it was the right choice, then SATISFACTION and peace will set in.  If it was the wrong choice, then MISTAKE, guilt or being hard on oneself for being stupid will result.

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.

The Emotions Of Divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Divorce is an emotional state, whether you are the one who wants to divorce or you are the one who is not wanting to divorce.

The emotions associated with divorce are sometimes more severe if you are the one who does not want to divorce.  When a spouse puts out this information to the other spouse, the first emotion may be SHOCK.  How many times have your heard divorcing friends say they never realized anything was wrong with the marriage.

After shock, comes DISBELIEF.  How could someone close to you do this to you. Then comes DENIAL.  It can’t be happening.  Maybe marriage counseling will work.   When it suddenly sinks in that this is imminent, then comes ANGER.  Why did we not work on the marriage.  How did it get to this point.  It’s his/her fault!

Anger tends to last for awhile.  But when anger fades, RESIGNATION or loss of hope settles in.  Now you realize what you have to face.

Resignation or loss of hope may turn into VINDICTIVENESS.  Or a “get even” approach to divorce.  This may become an ugly divorce.  Or an expensive one because of the litigation involved.

As time wears on, and the process is completed, each spouse will get on with their lives.  In extreme cases, where post traumatic stress syndrome sets in, spouses can walk around for years feeling these bad emotions. This happens most often where there are young children at the time of divorce, and the parties have to stay in contact for a number of years following the divorce.

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.

What Happens If You Disobey Court Orders.

By Robin Roshkind, Esquire, West Palm Beach, Florida

When a final judgment of divorce is signed by the judge and entered by the court on the record,  it is an enforceable court order.  If you and your spouse signed a marital settlement agreement, it is attached and becomes part of the final judgment.

Final judgments of divorce do the following:

Transfer property, divide bank accounts, order one or the other spouse to pay certain bills, award household furnishings, artwork and the like;  orders provide child support, alimony, tax benefits, attorneys fees.

So what happens if one or the other spouse does not do what he/she is supposed to do under the directive of the court order?  The innocent spouse has to take an affirmative step in the court system to file a motion to enforce the court order, or a motion for contempt of court.

These motions result in a court hearing where the wrongdoing spouse can testify and put forth his/her affirmative defenses, if any.  The matter can be resolved by the judge offering up a time plan in which to perform, or an abatement of the obligation for a time certain, or the court may find the wrongdoer in willful contempt.  A time to correct the omission is given, and if not satisfied, then a commitment hearing will be set to show cause as to why this person should not be incarcerated.   Willful contempt exists when a person has the ability to perform under the court order, but just doesn’t want to.  This behavior is contemptuous and courts do not take it lightly.

For more information on 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 if you forget to disclose something on your finances?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Divorce is about dividing the marital assets and debts and providing for the children, if any.  In doing the asset and debt division, the parties must file a sworn financial affidavit.  What happens if you fail to disclose something on your financial affidavit?

It depends on how material the item not disclosed may be and whether or not it was an honest mistake.   For example, if you have five different bank accounts, one having only $300 in it, and you forget to list this one, this is not a MATERIAL failure to disclose. That means it will have little impact on the settlement arrangement.   However, if by failing to disclose it, and if opposing counsel catches it, the question becomes, why did you fail to disclose…was it an honest mistake or were you hiding this account for some other reason.

Also, if you discover you forgot to disclose, you can always correct your omission by including it later.  The fact is, what was your intent on the omission?

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.

You Want To Divorce But Can’t Find Your Spouse…What to do?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Imagine separating and losing track of where your spouse is.  Now you want  a divorce and can’t find him/her.  What to do?

The courts require a due diligence search first, and if that fails to locate the spouse, then you must publish in a legal newspaper for 4 consecutive weeks.

Why do you need to do this?  To serve notice to the other party that you are instituting a legal action (a divorce) against him/her.  This is called one’s due process rights, to be notified of a legal action against you.

What is a due diligence search?  You must certify to the court that you have tried the person’s last known address, close relatives, last place of employment, clubs or other locations where the party might be located.

You can also contact the post office under the Freedom of Information Act to try to locate the person at a forwarding address.  If that fails, then you have to publish a public announcement in a legal journal for four consecutive weeks.  Only then can you proceed with your legal action without locating the person.

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

Domicile vs. Residency…A Big Divorce Issue.

By Robin Roshkind, Esquire, West Palm Beach, Florida

In order to qualify for a divorce in the State of Florida, you must be a Florida RESIDENT for more than 6 months prior to filing for divorce.

How do you prove residency?  In order to answer that question, you must understand the legal differences between DOMICILE and RESIDENCY.

Many people come to Florida and buy vacation homes or condos.   These qualify as DOMICILES.  One can own a house in the Hamptons, a ski condo in Vail, a home in Greenwich,  and a condo in Palm Beach.  These are domiciles.  One can have many domiciles.

A person can only have one RESIDENCE.  That is where you legally live, where most of your “stuff” is, where you pay taxes, where you get homestead exemptions.  Residency is a legal state.  Domicile is a physical one.

Some indicators of residency are leases, mortgage, drivers license, tax bills, homestead exemptions.  Courts in Palm Beach County will accept a drivers license as proof of residency.

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 Is About Change.

By Robin Roshkind, Esquire, West Palm Beach, Florida

When you go through divorce, you have to realize that, for better or worse, it is all about change.

You may be changing your residence, your schedule with your children, your expenses, your education, your employment, your lifestyle.  You go from being a pair to a single.  You have to have a different mindset about what it is that makes you happy.  You discover the real you.

You change your credit cards, your cell phone account, your electric bill.  You change your name, your driver’s license, your bank, your state.

You may even change your look by dying your hair, plastic surgery, a complete makeover.  And certainly you change your outlook.

Divorce should be considered growth.  You are leaving a bad situation for a better one.  And if you are the one who does not want the divorce, you are leaving a bad situation for a better one.  Why live with someone who doesn’t want you?  Change is a good thing.  It changes the way you look at change.

For more information about any divorce topic, 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: Equitable Distribution With a Girlfriend on the Side.

By Robin Roshkind, Esquire, West Palm Beach, Florida

THE FACTS:  This case involves a husband, who we represent, who decided to leave his long term marriage.  The couple has extensive assets, two large homes, one in Florida and another up north, and two country clubs.   The husband also has a younger girlfriend who is a successful working professional.  The wife is shocked, hurt, and angry.   She is rightfully so under the care of a therapist.

THE ISSUES:  While the girlfriend is an issue for the wife,  since she is self supporting and the husband has not spent much money on her, legally the girlfriend is not an issue in the State of Florida.  If she is, it is only to the extent of marital funds being spent, which, unlike most cases involving a paramour, is minimal in this case.

HOW WE WORKED IT OUT:  The homes have to be sold.  They are worth millions of dollars.  The husband and wife agree that this is a bad time to do that, so they will remain real estate partners, bearing the asset and the debt together with their liquid assets.

The rest of the accounts, stocks, bonds, investments, are to be split 50/50 with a joint account set up for joint expenses on the homes, to which both parties will contribute equally from their 50/50 share of cash.   This leaves the husband free now to spend his half as he wishes, whether that means investing, setting up a new business or spending it all on the girlfriend.

WHAT WE STILL NEED TO DO:  What remains is division of an extensive art collection.  Should it be divided according to value or according to who wants what?  This is up for discussion at the next mediation.

Lastly, the husband wants both country club memberships.  It will be interesting to see how this is worked out since he is on the board of both and wishes to bring his girlfriend to both clubs.    The wife is furious.

If you have extensive assets, and want 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.

How To Work With a Divorce Lawyer.

By Robin Roshkind, Esquire, West Palm Beach, Florida

When you hire a divorce lawyer, you become partners in a mission…that being protecting your rights during your divorce.  Understand that divorce is a process.  There are time frames that must be met according to law.  And your divorce lawyer needs your cooperation.

The lawyer needs to know the facts of the marriage.  Things like how long you are married, did you both work during the marriage, was a business formed during the marriage, are there any inheritences during the marriage, number and ages of children, why did the marriage break up.

You will be required to produce documents about the family finances.  Many clients don’t realize how costly it becomes when they don’t cooperate with their own attorneys.

You will be expected to be level headed and non emotional.  Save the fear, anger, depression for the shrink.  Let the lawyer do the lawyering.

You need to budget funds to pay your lawyer until he/she can get into court to get your spouse to pay, if that is what is required under the law and facts of your marriage.  This usually takes about 3 -4 months in Palm Beach County.  Mediation has to come first, and before that, financial disclosure.

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