What to bring to a divorce consultation.

By Robin Roshkind, Esquire, West Palm Beach, Florida

A consultation with a divorce lawyer is an education.  Most of my clients feel alot better leaving than when they arrived, only because they leave knowing in general what their rights are and what to expect.  I do not have a crystal ball on my desk, but my experience helps in predicting a narrow assortment of LIKELY scenarios that go with the facts of the marriage.  Here are the things to bring to the consultation:

1.  Knowledge of the family finances.  It is helpful if a client brings with him or her a knowledge of the family finances.  Recent tax returns or pay stubs of both the husband and the wife are very helpful in predicting child support, alimony and attorneys fees.

2.  A list of items that are important to that client.  For example if the husband MUST have the big screen TV, or boat or motorcycle, he puts that on his list. 

3.  An approximation of liquid assets whether they are in stocks, CDs, or other financial instruments.   Include bank statements, and retirement accounts.   Know how accounts are titled.

4.  A list of what was brought into the marriage, whether it was a car, funds from the sale of a prior home, bank accounts or whatever.

5.  A knowledge of the family debts, mortgages owed, car loans, lines of credit or business debt.

6.  An idea of how to deal with timesharing of the children, if any.

Having an outline of the issues up for discussion is a good start toward learning what your legal options in divorce can be.  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 web site at www.familylawwpb.com.

Your financial affidavit is the most important document in your divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Divorce proceedings generate a lot of paper.  But no document is more important that your financial affidavit.  Here in Palm Beach County, the financial affidavit is a sworn statement made by a party to a divorce, as to his or her income, expenses, child care costs, debts, assets, inheritence, separate property.  It is more detailed than a loan application and it is the first document opposing counsel looks to pierce. 

The financial affidavit is backed up by mandatory disclosure.  Things such as pay check stubs, tax returns, titles to real or personal property, mortgages, leases and the like.   Production of these documents is important, but by far the financial affidavit is key.  For help with filing one, or if you have any other questions, call for a consultation with one of the attorneys at Robin Roshkind, P.A. at 561-835-9091 or click on the ROBIN ROSHKIND, P.A. website at www.familylawwpb.com .

Preparing your divorce case.

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are going through a divorce, the most important thing you can do is to cooperate with your divorce lawyer.  He or she has done this before, even if you have not.  Or maybe you have gone through this process before.  It is important to find a divorce lawyer you are comfortable with and then to follow his or her advice.

Discuss the issues of your case with your attorney.   If it is a divorce involving mostly financial issues, prepare the documents you will need to present as evidence.  If there is an issue of relocating with minor children, document the relationship of the other parent by keeping a calendar.  Take photos of the prospective schools in the new location, housing, the neighborhood.  If there is marital property to be divided, take photos or get appraisals.   There is much you can do as a party to a divorce that will save time, preserve evidence and set up your case.

Of course, it is recommended that you clear everything with your attorney first, and follow directives.  For more information about preparing your divorce case or other divorce proceedings, click on the Robin Roshkind, P.A. website at www.familylawwpb.com or call for a consultation appointment with one of the attorneys at the Firm at 561-835-9091.

A Divorce Checklist…all things considered

By Robin Roshkind, Esquire – West Palm Beach, Florida

Divorce and taxes, divorce and health insurance, divorce and the marital home, divorce and credit, divorce and sex, divorce and children, divorce and child support, divorce and the computer, divorce and your cell phone, credit cards, bank accounts…the list can go on and on and on!  There is so much to think about when you decide to divorce that it is overwhelming for the lay person.  So here is my own check list to help you get through it:

1. Tax ramifications.  Before signing any marital settlement, seek an independent tax advisor.  Most divorce attorneys, myself included, are not tax experts. 
2. Attorneys fees and costs.  Who is going to pay?
3. Children’s issues.  These include time sharing, where and with whom the child will live, child support, vacations, travel to and from the other parent, schooling, extracurricular activities, clothing and personal effects.  Parents need to collaborate on these issues for the well being of the child. 
4. Marital home.  Is one spouse going to buy out the other?  Should the home be listed for sale to a third party?  Do you need to refinance or do a short sale?  Should one spouse stay in the home until the children are grown?   Divorcing parties need to agree, or a judge will micro manage this issue.  It is the same for any other real estate investment property, time shares, vacation homes, rental income.
5. Stuff.  Who is going to get what stuff…did the spouse bring the antique silver into the marriage?
6. Family pets.  Pets are not people and under the law they are viewed the same way that “stuff” is.
7. Joint accounts.  Bank accounts, credit cards, car insurance, cell phone accounts, utility accounts…these all need to be separated.  Discuss the timing with your attorney.
8. Gifts.  Gifts between spouses, such as jewelry or the big screen TV.  These need to be “assigned”.
9. Debt.  Mortgages, car loans, credit cards, IRS, lines of credit…these need to be “assigned” also.
10. Marital waste…on drugs, alcohol, gambling, shopping, a paramour.  This issue is referred to in Florida as dissipation of marital assets.  It is a serious issue and could cost you.  Consult with your attorney.
11. Alimony…there are all kinds: bridge the gap, rehabilitative, lump sum, permanent periodic, temporary.  Alimony is statutory and is serious business, so consult with your attorney.
12. Relocation with children.  This causes many problems within the family.  It is very often left to the judge to decide.
13. Name change…usually the wife has the option of restoring her former name during divorce proceedings.
14. More stuff.  Cars, boats, trucks, tools, equipment, computers.  Decide who gets what or a judge will do that for you.
15. The business or businesses.  If it was formed during the marriage, it needs to be addressed.
16. Paper trails.  Emails, photos and other paper trails.  Consider this:  they could be good for you or bad for you.  Be careful.
17. Friends and family…same as above, good or bad.  But you need to follow the advice of your experts such as lawyers, CPAs, shrinks, doctors, financial planners and the like.  That’s what you pay us for!   

For additional information on any of these, 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.