Your rights in divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Husbands and wives (and children, too) have certain protected rights in divorce matters.  For example, children have the right to a relationship with both parents unless a relationship is detrimental to the child in some way (physical abuse for example).   Both parents can fight for major timesharing with children.  Husbands and wives have the right to investigate if substantial marital monies are being dissipated or wasted by the other party.   The point is that there are many rights that are protected under family law.

The issue is not to confuse RIGHTS with prevailing at trial.  For example, a party may have the right to litigate an issue, but that does not mean that he/she will win on that point.   

Bringing a disputed issue before the judge is a right.  Whether or not you will win, is another matter.  A win will be determined by the evidence presented, and the testimony.  It is important to keep in mind that judges in family court use their discretion and subjective opinions and impressions of the parties, along with the application of family law.  So if you find you are going to trial, it is best to be represented by counsel.

For more information about your rights in divorce court, consult with 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.

Staying together for the sake of the kids…is it worth it?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Back in the fifties and sixties, divorce was not as prevalent as it is today.  Divorce laws were tougher and it was mostly the domain of celebrities.  However, many couples raising baby boomers wanted to stay together for the sake of the children in order to remain respectful in the community and to maintain an in tact family.

Psychologists and “having a shrink” became vogue in the late seventies and eighties, and since then, dramatically changed their opinions about divorce and domestic violence, as the women’s movement took hold.

Today, if you ask therapists about staying together merely for the sake of the children, most would generally advise not to do that.  The reason:  in a home where a divorce should occur, staying together creates an unhealthy environment in which to raise children.  There are several reasons:

The children learn abuse, verbal and  physical.  They learn disrespect, not love.  They see fighting and arguing among adults.  They blame themselves for their parents’ malfunctions.  They act out in school.  They develop problems interacting with others.  The list can go on and on.

If you are in a situation that requires a divorce but you are not sure what to do, consult with a marriage counselor.  Then see a divorce lawyer to protect  your rights.  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.

Avoiding motions can keep your legal bill low.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Motion practice keeps attorneys in court early in the morning here in Palm Beach County, Florida, and also keeps clients’  billables high.  If the parties and their attorneys would collaborate in efforts, both parties would see substantial savings in attorneys fees.

Here are some examples of motions that can be resolved by agreement of the parties without the necessity of going to court:

1.  Motions to compel documents and discovery.  In Palm Beach County, there is a minimum mandatory disclosure requirement.  If parties would just produce what they are supposed to timely, there would be no need for these motions.

2.  Motions for extension of time.  Again, these are unncessary, if the parties can just agree to extend the time to another date for production of documents, or the time in which to file a responsive pleading.

3.  Motions for request to produce specific documents.  Sometimes a spouse wants to be difficult and not produce everything required.  This motion can be avoided by producing.

4.  Motions for sanctions.  If the attorneys and parties just cooperate, this motion would certainly be avoided.

5.  Motion for protective order.   If reasonableness is asserted, burdensome discovery requests would  not occur, and there would be no need for this one either.

6.  Motion for rehearing.  This is almost never granted.  A judge is not going to admit he/she made a mistake unless it for a really really good reason.

7.  Motion to distribute a portion of marital assets.  For example, there is a joint account with $20,000 in it, in addition to other marital assets.  If the parties can agree on an even split of this one account, as a portion of equitable distribution, there would be no need for this motion.

The above is just an example of the motion practice that could be done away with if the parties and their attorneys would cooperate with one another.  There are many more motions that could be resolved by agreed order.  It is up to the parties to decide how litigeous they wish to be and how much money they want to pay the attorneys.   For more information call one of the attorneys at the law firm of ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Sharing children in divorce…hard to get used to.

By Robin Roshkind, Esquire, West Palm Beach, Florida

One of the by products of a divorce action is the sharing of the children.  An in tact family functions very differently from a broken home. If it is hard on the adults, you can imagine how hard it is on the kids.

You have to share the children.  That means not having them for certain events, holidays, times of the day, etc.  With work schedules of parents, children sometimes have to come second.  Children become bouncing balls, going from mom’s house to dad’s.  They forget their school books, soccer shoes, homework.  They may not have adequate clothing at one place or the other.  They end up carrying their stuff from place to place. It is not easy being a child of divorced parents.

Parents fight over the kids and kids think it’s their fault.  “You didn’t return the clothes clean” is a common complaint to the other parent.  “Don’t go to the game today I’m going”, is another.  None of this is good for anyone.

Adults need to step up to the plate and be adults.  Think about what your kids are going through having to share YOU.  For more information about this or other divorce topics including modifications of court orders on children, 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.

The Legal Technicalities of Fighting for Custody.

By Robin Roshkind, Esquire, West Palm Beach, Florida

The law on children and custody battles in the State of Florida is the best interests of the child.  What exactly does that mean when you have to present your case to the judge?

It might mean getting your child a lawyer of his/her own.  Or a guardian ad litem, a friend of the child, to testify in the courtroom for the child.  Or having a psychologist testify as an expert witness as to what is in the best interest of the child of this marriage.  Or bringing in the teachers, coaches, or school principal into court as witnesses.

Depositions and transcripts of “good mommy” or “good daddy” witnesses may be taken.  Is there always food in the house?  Do  you let your children play with these children?  Are there sleep overs and trips to the zoo?  Do these children exhibit unacceptable behavior?  There are a million questions and answers to determine which parent is the “better” parent.

To alleviate some of the litigation, the courts have taken on “time sharing” to replace “custody”.  But some parents are just unfit.  Abandonment, neglect, abuse, criminal behavior, drug use, partying til all hours, drunk driving, are just some of the issues that testimony and evidence cover in determining the best interests of the child in court.

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.

Custody Battles…who gets the kids?

By Robin Roshkind, Esquire, West Palm Beach, Florida

My client is a good parent…the opposing spouse is a good parent.   A divorce is forthcoming.  What is a judge to do about the children?

 The law in the State of Florida dictates that the judge does whatever, in his or her opinion, is in the best interests of the child based upon evidence and testimony at trial.  Another alternative is by agreement of the parties which becomes an agreed order.   BUT it can get complicated.  As in the case of Michael Jackson’s children, natural parents are not always in the best interests of the child.

The PRESUMPTION is that a natural parent will give the best care, but that is not always the case, again like the Michael Jackson custody battle.  Oftentimes my clients are the PARENTS of a mother or father where the other spouse can’t be found or  is unfit.  In this type of situation, the grandparents can become guardians of the child until the the one parent becomes rehabilitated and fit again or the other parent resurfaces. 

In cases where there are two unfit parents, the court will look to relatives of the child, or foster care.  In cases that are more clear, where one parent is fit and the other is unfit, the natural fit parent will get  sole custody, until such time as the other parent becomes rehabilitated and fit again.

Custody of children carries with it much responsibility.  It is the job of the judge to make sure the children are properly taken care of by appropriate adults.

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.

PRIVACY and divorce…there isn’t any!

By Robin Roshkind, Esquire, West Palm Beach, Florida

When it comes to divorce, you can run but you can’t hide.  PRIVACY is the biggest issue.  In Florida, the sunshine state, it is out in the sunshine.  Everything in divorce is public record, available for the world to see.

Financial affidavits, marital settlements, accusations of drug use, unemployment, problems with your children, all are discoverable by anyone who wants to know.

Also, take the social networking sites of facebook, myspace, web sites, blogs and stuff YOU put out there, not realizing it can all be used against you in divorce court.  Dating web sites, photos, social connections, nothing is sacred.

Your computer can be your worst enemy, and yes, even if you push “delete” the evidence is still there and discoverable. 

For more information about how to protect yourself, 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.

If you were the divorce court judge…

By Robin Roshkind, Esquire, West Palm Beach, Florida

You’ve filed and served divorce papers to your spouse.  You’ve exchanged mandatory discovery documents for financial disclosure.  You’ve been to mediation with your lawyer, your spouse and your spouse’ lawyer and no agreement was reached.  Now it’s time to go to court.

If you were the judge, how would your rule?  You have to put yourself in the chair of the judge and think about it.  It is almost an out of body experience.

The judge sits there day in day out listening to lawyers argue the same thing: need and ability to pay for an award of alimony;  what is in the best interests of the child for living arrangements and time sharing; bickering attorneys trying to get advance attorneys fees to prepare for trial; deposition testimony, witness testimony, charts, graphs, accounting.  Judges have lots of discretion in the courtroom and impressions count.  So does clarity, brevity, honesty, and candor. 

That is where the skill of your lawyer shines through.  He or she controls the flow of information to the judge one step at a time.  He or she sets the mood and timing of the testimony.  He or she tells the story, the where, who and why.  He or she asks the court for relief and provides backup evidence that is admissible. 

If you think you can do a trial by yourself, think again about what the judge requires and what skills set the lawyer has to get to the point.  For more information consult with 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.

Tips if you are planning to file for divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are certain things to do if you are planning to file for divorce.  Below is a suggested list of how to prepare:

1.  Organize your financial papers and photocopy everything. 

2.  Bring them to your divorce lawyer so they are out of the house.

3.  Remove small items that are important to you like jewelry.

4.  Make a plan for the children.

5.  Discuss service of papers with your spouse or if that is not possible arrange to be out of the house when he/she is served.

6.  Photograph paintings, antiques, piano or other home furnishings of value.  Deliver the photos to your divorce lawyer for safekeeping.

7.  Arrange for a post office box or a friend to receive your confidential mail.

8.  Set up a separate bank account.

9.  Get a credit card in your own name if you don’t already have one.

10.  Get support from friends and family, or see a therapist. It will make the process easier.

For more information about this or other divorce topics, consult with 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.

Should you avoid service of divorce papers?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Your marriage is falling apart.  Your spouse has told you he/she has consulted a divorce lawyer.  You know it is just a matter of time.  Should you avoid service of the divorce papers?

In the state of Florida, if one party wants a divorce, then a divorce is imminent.  The matter of due process arises, because the other party needs to be put officially “on notice” of the proceeding against you.  That is why you often hear the words “sue for divorce”.  It is, in fact, a lawsuit.

The general rule is to make yourself available for service of the papers by either the sheriff or a process server.  By avoiding service, and making delivery difficult, it only puts off the inevitable. 

In collaborative divorce cases, where the parties are trying to be amicable and civil, the respondent spouse can avoid service of process by “agreeing” to sign a waiver of service.  This is  an acknowledgment of “accepting” the papers by mail or hand delivery by the spouse after the waiver” document is executed.  It is simply a ”nicer” way to get divorced.  One other nice alternative is to have the respondent attorney accept service of divorce papers on behalf of the client. 

Without service or waiver, if a spouse cannot be located, the only other way to proceed to divorce court is to file an affidavit of diligent search, and publish the announcement of the divorce suit in the legal newspaper.

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.