Other State Laws Do Not Apply in Florida.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Florida has many residents from other states who seek out the warm weather and make it their new home.  However, what people may not realize is that marriage and divorce laws are state specific.  Each state of the Union has its own laws.  Many states have similar laws but there are some big differences.

In New York State, for example, there is a one year waiting period before a divorce can be granted.  In California, divorces cannot be granted unless 6 months have passed from the date of filing for the divorce.  In Florida, you have to be a resident of the state for 6 months prior to filing for divorce.

New York and Georgia have fault, such as abandonment and adultery, while Florida is a no fault state.   Divorce court in Georgia is by a jury while in Florida it is by a judge.

Florida has equitable distribution of marital assets and debts, while California has community property and a strict 50/50 split.   

Where you get divorced depends upon residency.  You must show a lease or deed, where you receive mail, where you keep your “stuff”, where you own property, where you have a driver’s license, and where you pay your taxes.

For mor information about this or other divorce topics, please 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.

Collaborative Law…Will It Work For You?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If BOTH you and your spouse will agree to agree, to work out the terms of your divorce without court interception, then a collaborative divorce is for you.  A collaborative law divorce is less time consuming, less expensive, and less stressful for all involved.

The parties agree to stay out of court.  They have motivation to come to a settlement of all the divorce issues:  child care, time sharing, child support, holiday vacations, alimony, attorneys fees, division of assets and debts, what to do with the marital home.

It is especially relevant in today’s economy, where money is generally tight and the parties wish to proceed to divorce anyway.  Agreements are more likely to be adhered to, easier to come by, and fashioned in a economical way.   Both parties can economize by using one accountant, one therapist and two attorneys who are working together.  For more information about collaborative divorce, 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.

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.

Every state has different divorce laws.

By Robin Roshkind, Esquire, West Palm Beach, Florida

It is important for divorcing couples to know that every state has different divorce laws.  For example, in New York State, you have to show cause as to why you should get a divorce.  Cause  can include such things as abandonment and adultery.  New York State is a “fault” state, where you have to prove the marriage is broken by some fault of your spouse.

Here in Florida, there is no such requirement, as Florida is a “no fault” state.  You only have to prove residency and declare the marriage to be irretrievably broken. 

Florida is also an “equitable distribution” state, which means that the marital assets and debts are divided in divorce court FAIRLY, not necessarily equally.  California is a “community property” state which means that all marital assets and debts are automatically divided in half 50/50 no matter what other facts or circumstances there are to the marriage.

It becomes tricky when a divorcing couple has property in two different states.  That is why it is important to consult an attorney before filing.  Perhaps it is in a party’s best interest to file in Florida rather than the other location.  This is called forum shopping. Consult with an attorney before you file for divorce in the less favorable location.

For more information about venue 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.

What are your rights in divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are lots of issues common to all divorces.  However, each marriage is different.  It is the lawyer’s job to analyze the facts of the marriage and apply the laws of the state to those facts.  Additionally, interpretations may differ, so it is wise to use an experienced lawyer who has been practicing in your jurisdiction for some time.  For example, we have been practicing in Palm Beach County, Florida for 11 years.  We know the ways and means of opposing counsel, as well as most of the judges on the family bench here.  This gives the client an “extra” advantage, because oftentimes we can predict how a judge is going to rule on a matter of similar facts. 

The point is, every marriage is different and in applying the facts of your marriage to the law, you need someone experienced who can protect your best interests.  You have rights, options, and obligations under the laws of the State of  Florida.  Find out what they are and proceed with an attorney you are comfortable with.  For more information click on the Robin Roshkind, P.A. website at www.familylawwpb.com or call for an appointment to consult with one of the attorneys at the Firm at 561-835-9091.

Moving out of the marital home in divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

When clients come into my office to retain the Firm to represent them in their divorce, they often ask the question, “What happens to my rights if I move out of the marital home?”

There is no such thing as abandonment under the laws of the State of Florida.  If your name is on the deed, you do not lose your rights to the marital home even if you leave it. 

In the rare instances where clients contribute to the value of the marital home, by making mortgage payments, or financing a pool, but let’s say, it belonged to your spouse prior to the marriage, your actions still give you a “sweat equity” interest in the home even if your name is not on the deed.

Lawyers know the nuances of what is marital and what is not, so it is best to consult with one before you get upset about losing your rights.  For more information about this subject or other divorce proceedings, click on the Robin Roshkind, P.A. website at www.familylawwpb.com or set an appointment to consult with one of the attorneys at the Firm by calling 561-835-9091.

Sex, Adultery, Divorce, and the Law

By Robin Roshkind, Esquire, West Palm Beach, Florida

With economic strains on a marriage, a common response is to seek comfort in the arms of a lover.  And it is not always the husband who strays!  If you find your marriage failing, and you’ve tried counseling to no avail, you may decide that a divorce is imminent.  How does the extramarital affair play into the terms of your legal divorce.

In the state of Florida, it doesn’t.  Florida is a no fault state.  You only need Florida residency for 6 months and to declare in your opinion that the marriage is irretrieveably broken in order to get a divorce.  If one spouse wants the divorce, the other spouse has no say in the matter, and a divorce will be granted.

Back to the extra marital affair…there are two exceptions where adultery would have any impact on the divorce.  If children are detrimentally being harmed in some way, (i.e. sex with the paramour in front of the children, or kids being forced to call a girlfriend “Mommy”), or if the spouse is spending SUBSTANTIAL amounts of marital funds on the paramour (i.e. if a husband purchases a condo for a girlfriend with his income from his job).  

In the first case regarding the children, the recourse under the law is supervised or shortened visitation, and custody to the other spouse.  In the second case, an accounting of all the monies spent on the paramour, results in equitable distribution credits or dollars awarded back to the financially injured spouse. 

Unlike other states, for example, New York, where adultery is “grounds” for divorce, and “punishable” in divorce court, Florida does not have such laws.  For more information, click on the Robin Roshkind, P.A. website at www.familylawwpb.com or consult with one of the attorneys at the Firm by calling 561-835-9091.

New laws, new language…

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.