Friends During and After Divorce, part II.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Everyone has an opinion…your neighbor next door, the baby sitter, your mother, your personal trainer, your secretary, your gym buddies…all will tell you what you should be doing, what you are not doing, what you’ve done is wrong, and more, about how you are handling your divorce.

Don’t listen to any of them!  Every case is different and no two outcomes are ever the same.   Any lay advice is bad advice.  You are talking about your life, the life of your children, your finances and your future here.   That should be discussed with your shrink, your accountant and your divorce lawyer.  There is a reason all three are on your team. 

If you don’t have a team of experts on your side, you are short changing yourself on something that is going to determine the rest of your life.  Don’t be penny wise and pound foolish with your future.  (Note: This advice is not self serving…someone other than lay persons should assist you in making these important, long lasting decisions.)  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 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.

Replacing your divorce lawyer.

By Robin Roshkind, Esquire, West Palm Beach, Florida

The question came up after a court hearing, from one of my POTENTIAL clients, who was not very happy with the outcome.   The judge found entirely for the wife on this particular issue and he did not feel his attorney did a good job.  He wanted to fire his present attorney and hire our firm.   He just wasn’t sure that was “allowed” or if it was, if it was a good idea to change attorneys in the middle of the case.

There are two things to consider when faced with this situation:  1) you CAN change lawyers any time you want to , and 2) if your gut is telling you to do it, do it!

One caveat is that you can’t always blame the lawyer for a bad, wrong, or unfavorable decision by the judge.  Simply put, A GOOD LAWYER CAN GET BAD RESULTS THROUGH NO FAULT OF HIS OR HER OWN.   So before you run off to fire your present counsel, think about whether or not the representation was lacking or was it just a matter of the judge making a “bad” decision.

 Assuming you are not happy with present counsel, then you can fire that attorney and hire a new one.  This is accomplished by a substitution of counsel that the new attorney, the old attorney and the client signs, and the new attorney will file it with the court.  It is done quite often and the same lawyers have been on both the fired and hired end of the equation.  We are professionals and don’t take it personally.  So if you think you might want to change attorneys, the moral of the story is to trust your instincts.

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.

Do NOT do divorce on your own if…

By Robin Roshkind, West Palm Beach, Florida

In today’s economy, couples are fighting with each other over money, one of the most common causes of divorce.  Some couples will attempt to do a settlement of all their marital issues on their own and without the advice of counsel, in order to save money in attorneys fees.  However, there are certain circumstances where a divorce REQUIRES the skills of an experienced divorce lawyer like those at my Firm, and a spouse would be penny wise and pound foolish to go it alone.

Here are the situations where having a divorce lawyer on your side is A MUST:

1.  Where a spouse is self employed.

2.  Where a spouse works for cash under the table.

3.  Where a spouse hasn’t filed a tax return in years.

4.  Where a spouse is the sole owner of a closely held corporation.

5.  Where there was a business formed by one or the other DURING the marriage, or where there is a spouse working in a family business.

6.  Where the spouse does not know the true net worth.

7.  Where the spouse does not have access to books and records.

8.  Where the spouse has no idea of the assets or debts of the marriage.

9.  Where there are children of the marriage that have special needs.

10.  Where there is a spouse who has drug addiction, gambling addiction, alcholism, shopaholic tendencies, or a paramour.

11.  Where one or the other spouse entered the marriage with assets.

12.  Where there has been an inheritence during the marriage.

13.   Where a spouse has mental health issues like bi polar, anger management problems, domestic violence.

14.  Where a spouse has a criminal record, restraining orders.

15.  Where a spouse cannot be employed or keep steady employment.

16.  Where a spouse is supported by family members.

17.  Where there are numerous real properties, income producing rentals, time shares and vacation homes. 

18.  If the marriage is more than 10 years and there is alimony, permanent alimony, rehabilitative alimony, bridge the gap alimony to be discussed and negotiated.

19.  Where a spouse has another family with children either prior to this marriage or outside of this marriage.

20.  Where paternity is at issue.

21.  Where the spouses are extremely unequal in education or ability to earn, or by measure of individual wealth. 

22.  Where a pre nuptial agreement should be contested.

If ANY of these circumstances apply to you, you should at least consult with an attorney before attempting a divorce on your own.  For more information, 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.

You may need a divorce TEAM to play your hand…

By Robin Roshkind, Esquire, West Palm Beach, Florida

The divorce process can be more complex than most people think especially when there are children and lots of debts or assets to “discuss”.  Other factors that complicate a case is domestic abuse, hidden money, affairs, mental illness, drug or sex addiction, alcoholism, gambling, income producing real estate, time shares, a business, and frequent flyer miles. 

Divorce cases that have multiple issues are best tried with a team behind you.  The team can include a CPA to trace assets, evaluate businesses, determine real income; a psychologist or THERAPIST to determine what is in the best interests of the children, or to help you deal with the pressures of divorce; a PSYCHIATRIST for extreme cases of addictions, bi polar behavior, and medications; a trained MEDIATOR to facilitate settlement negotiations; a TAX ADVISOR to project tax ramifications of settlement offers;  an INSURANCE PROFESSIONAL to guarantee support payments; a FINANCIAL PLANNER or investment advisor to help you get back on your feet after divorce;  a REALTOR to list or appraise the marital home;  an APPRAISER to value jewelry, artwork, antiques; and of course, your DIVORCE LAWYER to guide you through the court system and the entire process legally. 

Not all cases require all professionals and every case is different.  But when people ask me why a divorce is so expensive, it is because various expert witnesses are needed at a trial, or in preparation for settlement talks.  It is much better to have THE TEAM on your side than to go up against one.

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.

Do divorce yourself? Hire a lawyer? It depends…

By Robin Roshkind, Esquire, West Palm Beach, Florida

In today’s economy, we are all trying to cut expenses and save money.  So if you think you can do your own divorce without counsel, you may be falling into the trap of being penny wise and pound foolish!

In a marriage where there are no liabilities, no children or no assets, ok, go it alone or pro se as it is called, when you do not have a divorce lawyer.   You will be working with court house personnel who cannot guide you, advise you or explain what you need to do.  Divorce is still paper intensive and you may or may not know how to fill out the forms or set a hearing for the divorce.

But, and this is a big but, where there are children, custody battles, child support disputes, questionable income, obscure assets or possibly hidden assets, or if your spouse is self employed, works on a cash basis, hasn’t filed tax returns in years, or other complex technicalities, you would be foolish to not have an attorney representing you.

By far, the worst case scenario is where your spouse has a divorce lawyer and you do not.  Guess who the fool is in that case!

So in deciding whether to retain a divorce lawyer or not, think about what is at stake.  For more information 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.

Published in: on February 23, 2009 at 3:40 pm Comments (1)

What Makes A Good Divorce Lawyer?

By Robin Roshkind, Esquire – West Palm Beach, Florida

All lawyers have to succeed in law school.  If students don’t reach a certain level of understanding, they just don’t get JURIS DOCTOR OF LAWS degrees.  Then PRACTICING ATTORNEYS must have a BAR LICENSE from the state in which they work.  In Florida, the bar exam is given twice a year and it is very, very difficult to get a passing grade.  Without that passing grade, without a minimum of legal knowledge, a lawyer does not get licensed to practice law in the State of Florida.

So assuming there are a bunch of licensed, practicing, divorce lawyers in a room, how do you know which one to pick?  There are several telltale criteria:

1.  Is the lawyer busy?  There are two ways to look at this.  Would you rather go to an empty restaurant or to a packed one?  If the lawyer is NOT busy, there has to be a reason and it would not be a good one. 

2.  Is the lawyer supported by a staff?  If the lawyer cannot afford at the least a secretary, there has to be a reason.

3.  Does the lawyer work from his/her kitchen table?  If the lawyer does not have a true office, be suspicious.

4.  Does the lawyer always look disheveled, drive an old busted up car, pant due to being overweight, generally of poor hygiene, screaming at his staff?  These are lifestyle indicators that may show an unbalanced personality.

5.   Is the lawyer always hyper, multitasking, or with a short attention span.  Be afraid, be very afraid. 

6.  Do other lawyers associate with this lawyer?  Is he/she active in voluntary bar associations or other professional organizations?  In the community at large?  The answer is obvious.

These initial things you should look for go to the type of person the lawyer is.  But wait…how do you know the healthy, stable, connected, prosperous lawyer is a good one?  Or better yet, good for YOU?

You need to sit with the lawyer in his office and discuss your particular legal matter.  You don’t have to agree with the lawyer, you just have to assess the competency.  You should see how the staff treats the lawyer, hopefully with respect.  Is the lawyer knowledgable?  Experienced?  Specialized in family law matters?  Is the lawyer confident?  Does the lawyer take time to explain things to you?  Is the lawyer concerned with the details of your matter and the big picture? 

IS THIS A PERSON TO WHOM YOU WISH TO ENTRUST WITH YOUR FUTURE?  That is the ultimate question.  At our Firm, we meet with clients face to face to discuss the facts of their marriage.  And we don’t rush.  We ask detailed, intimate questions about the relationship, finances, children.  We do a lot of listening, and a lot of hand holding, because the lawyers at the firm all have seen the effects of bad marriages and know what it feels like.

But more than that, the lawyers at the firm have a good reputation…with other lawyers as well as with the judges who sit on the family law bench in Palm Beach County.  The Firm’s litigators are skilled, experienced, respected, and this is all we do.  We do not take car accident cases, slip or fall, dog bites, commercial litigation.  We are divorce lawyers.  And have been for a long time.   

In summary, you must feel comfortable with your choice of divorce lawyer.  If you are not, it is time to switch, before mistakes are made and it becomes too late to do anything about it.  For more information about the lawyers of Robin Roshkind, P.A. (Robin Roshkind, Catherine Eaton or Maria Patullo), please visit our website at www.familylawwpb.com or call 561-835-9091 to schedule a meeting.

A Day In The Life of a Divorce Lawyer (for anyone who cares)

By Robin Roshkind, Esquire – West Palm Beach, Florida

It is 8:45 am and I am standing in the West Palm Beach courtroom waiting with my colleagues for my turn to talk to the judge.  I am here on some motion or other…usually procedural…usually with argumentative opposing counsel.  I fight with opposing counsel as the judge listens.  He rules from the bench.  Another court order in the case is born.

After a stop a Dunkin Donuts, my reward for being alert from very early in the morning, I go up to my office.  As I put my hand on the door knob, I start to hyperventilate and worry about what is waiting for me on the other side of that door.  I am usually not disappointed…as the saying goes, it’s always something. 

Something could mean a new client on the phone; an existing client complaining about his bill; a saleman trying to sell me malpractice insurance; opposing counsel phone messages, faxes, emails. By 9:30 it’s information overload. 

Then the appointments start arriving, filling out forms, wanting to talk to a lawyer.  We always offer coffee and a hand to hold, as family law clients are always as stressed as we are, or moreso.  I try not to, but I do, get involved in my clients’ intimate life.  What gets me is as follows:  if a wife is purposely spending her husband into the poorhouse; a father failing to return children to the wife; emotionally battered, tired or sexless husbands; physically hurt wives with bruises and tears, betrayal, lies, and all around misery.  I try to help, by taking down the facts and assigning the case to one of our very experienced family law attorneys.  Sometimes I cannot help.  The law does not protect unmarried, unmoneyed, aging women who are thrown out on the street after years in a relationship but without a co-habitation agreement.  I see a lot of sad situations.

Time to open the mail and along comes another court order.  We WON!  Quick, call the client and order lunch for the entire staff!  We are good, after all, with our research, strategizing, letters to opposing counsel, posturing, bluffing, proof.  All that testimony, expert witnesses, numbers flying around the courtroom, this scenario, that scenario, evidence marked, deposition transcripts, all that work and preparation.  All that money spent on us. 

By 4pm it’s time for a courthouse run to file more notices, motions, and pleadings.  Our paralegals are at their computers, our lawyers are in conferences with clients or drafting documents.  The phone is ringing off the hook, or sometimes it’s not and the place sounds like a morgue.  That is when I worry most.  

I am the founder and owner of the Firm.  Ultimate responsibility for EVERYTHNG rests with me.  I hardly rest at all.  I am fighting with opposing counsel, fighting with my staff, fighting with clients who don’t follow advice or direction, fighting with suppliers whose bills I can’t understand, fighting with judicial assistants and mediators to give me more time for this or that.  I put out fires all day long, trouble shoot, explain things to clients who don’t get it, pay bills, and run the Firm. 

By 8pm I am exhausted at my desk.  And some of us are still working, preparing for that trial tomorrow, or generating bills for the mail.  My FIRM is generally humming from 7am until 9pm with different staff members coming and going.  We are all busy.  We shout, we cry, we celebrate, we joke, we throw books at the wall, we pop the champagne.  The law office of Robin Roshkind, P.A. is the law firm of love.  We all love what we do, because we are good at it; we are a family, and we are helping people get through the most difficult transition for their families.   

For more information about the law office of Robin Roshkind, P.A. go to our web site at www.familylawwpb.com or call one of our attorneys at 561-835-9091.

Published in: on August 14, 2008 at 6:48 pm Leave a Comment
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