By Robin Roshkind, Esquire – West Palm Beach, Florida
Leave it to the Florida Legislature to change family law statues to incorporate “equal footing” language when it comes to divorce and children’s issues. Effective in October 2008, no longer will there be parent “visitation,” but rather the statute will put forth “time sharing.” No longer will there be a “custodial parent” or a “primary residential parent,” but rather a “parenting plan.” ”Non-custodial parents” will no longer exist and parents will no longer “visit” with their children. The new laws regarding children will be less weighted in favor of one parent over the other. The lawmakers are hoping this will result in less litigation caused by an unequal footing between parents. It remains to be seen if this will put family lawyers out of business.
Other noteworthy changes to the laws of divorce include equitable distribution of marital assets. It used to be you had to wait until trial for a spouse to get his or her share of the assets of a marriage. With the new statutes, judges can order a partial distribution of marital assets to both parties so they can pay their attorneys and living expenses pending the litigation. Also under the old statutes, gifts between spouses were seen as marital property. Now they will be seen for what they are…gifts, and the property of the receiver.
“Special equity” in property will no longer exist in favor of an “unequal distribution” of marital assets. And last but not least, filing fees are going up and are being added for those who chose to file counter-petitions.
For more information about divorces in Palm Beach County, Florida, please call my law firm, Robin Roshkind, P.A., for a consultation (561-835-9091) or visit the firm’s website at www.familylawwpb.com.
