During Divorce, Do NOT Take Children Away…

by Robin Roshkind, Esquire, West Palm Beach, Florida

If you are in divorce proceedings in Palm Beach County, and wish to take your children away to visit family or on vacation for the holidays, or simply wish to relocate across state lines, do not take the children away, without the express  knowledge  of and written permission of the other parent, or if that is not obtainable, without a court order.

If you do, the other parent, reasonable or not,  can have legal cause to fight you for what is now called majority time sharing but what is, de facto, custody.

Unless you have sole decision making legally regarding your children, you must consult and consider the other parent or you become the wrongdoer with consequences.

For more information about this or other divorce topics in Palm Beach County, Florida, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

What Is A Complex Divorce?

by Robin Roshkind, Esquire, West Palm Beach, Florida

A complex divorce is one in which there are many issues to resolve and the Husband and Wife are anything but agreeable.  It could involve many real estate properties, tax issues, a privately held corporation or several closely held businesses, marital assets in several states, trust assets, split siblings or special needs children, assets or businesses that need valuations, and supplemental issues including vocational studies, custody battles, an unfit parent, off shore bank accounts and the like.   Complex divorces can also include bad behavior including adultery and the dissipation of marital assets due to outside relationships, gambling, drug or alcohol use or uncontrollable shopping or other mental health issues.

The more complex the marriage, the more complex the divorce.  The more a couple has to fight over, generally the more complex the divorce.  This type of divorce usually turns ugly and requires the use of a divorce team.  This team includes psychologists or psychiatrists, appraisers, private investigator, real estate agents, CPAs, estate planning attorneys, corporate attorneys, tax attorneys, and of course the divorce lawyer.   For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

Abuse and Divorce…You Don’t Have To Take It Anymore

by Robin Roshkind, Esquire, West Palm Beach, Florida

Abuse comes in many forms:  physical abuse can be sexual, violence, imprisonment.  The courts recognize domestic violence and repeat domestic violence and upon proper claim, will remove the spouse from the home.

Abuse can also by psychological: taking away the car keys, cell phone, money,  children.  Courts recognize psychological abuse and will issue court orders to protect you upon presentation of proper evidence and testimony.
If you find you are the victim of either type of spousal abuse, your ultimate recourse is divorce.  You don’t have to live your life this way any more.   Either the husband or the wife can be a victim.  The best advice is to do something about it.

For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

Do You Have A Spiteful, Vindictive Spouse???

By Robin Roshkind, Esquire, West Palm Beach, Florida

You are going through a divorce.  You are the one who wants out.  You have a spouse who it hurt, and as a result is spiteful and vindictive.  You want to settle the divorce issues and move on, but he/she is more interested in getting even.  What to do?

I face this question nearly every day in the 13 years I have been a divorce lawyer in Palm Beach County.   You have few options:

1.  Get into marriage counseling or therapy together immediately.

2.  Offer much more than his/her share of the marital estate to get the deal done.

3.  Meet any other demands, such as relocation, giving the marital home, or other “unfair” requirements just to move on.

4.  Stay and fight it out in court.  A judge will see the emotion at trial and will simply follow the law.

With spiteful, vindictive spouses, chances are there will be domestic violence or destruction of personal property.  Be sure to protect yourself from both situations.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

What To Do About Interspousal Theft?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are thinking about divorce, you just never know if things will turn out amicable or nasty.  To protect yourself, I advise my clients to start photocopying every document they can get their hands on which shows money coming into the marriage or money going out.   This includes credit card bills, bank statements, income streams, pay stubs, tax returns, receipts and the like.

But sometimes divorces turn very nasty, and involve the theft or destruction of one’s property.  Yes, just like in the movies.   I advise my clients to remove all small valuable items from the home, like diamond engagement rings, which have nothing to do with the divorce, inherited jewelry, any small items of value that are separate property.

To protect expensive handbags, shoes, clothing, furs, artwork, silverware, fine china, antique furniture, cars, pianos, etc. , I recommend photos or videos to document what was there and in what condition.  That way, if your husband or wife were to go into the nasty zone, you have proof of what was there along with its condition for trial or for settlement.

Don’t take anything for granted.  It is easy enough to protect yourself and your property.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

If You’re In Abusive Relationship, Get Out Now

By Robin Roshkind, Esquire, West Palm Beach, Florida

Although I am a divorce lawyer in Palm Beach County, Florida, I often think I could have been a therapist.  In dealing with legal issues of divorce matters, I often counsel my clients to help them to feel better about their decision , because divorce is not easy under the best of circumstances.

If you think you are being abused in your marriage, your recourse is 1) to get counseling to fix the problem, or 2) get out before the situation escalates.  Here are some tips to determine whether or not you should file for divorce immediately:

1.  If your spouse isolates you from friends and family.

2.  If your spouse is verbally demeaning, puts you down in front of people (even your children),  ridicules you, constantly critisizes at every turn, you can never do anything right,  bullies you, or purposely embarrases you.

3.  If your spouse blames everyone (mostly you) for all of his/her bad fortune.  It’s never his/her fault.

4.  If your spouse is jealous of you, what you do, who you are with, your time away from him/her.

5.  If you have a parent/child or master/servant relationship and you are the child or servant, you are being abused.

6.  If your spouse threatens you with leaving, hurting you or your children, cutting you off financially, or uses fear to control you, time to flee.

7.  If your spouse is an addict of any kind, i.e. illegal or prescription drugs, alcoholic, sex, shopping, gambling, internet surfing, or any other addiction, it is at YOUR expense emotionally.

8.  If you catch your spouse cheating on you or spying on you.

9.  Of course physical violence is the holy grail of abusers.  Get out while you still can before anyone gets hurt.

For more information about divorce topics, 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 for more information.

Do I Need A Divorce Lawyer To Get A Divorce In Palm Beach County?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The answer is it depends.  Legally, you do  not need a divorce lawyer.  Your life is at stake, but this is not criminal court.  If you have virtually nothing to divide, no children to worry about, you can probably do your own divorce.

However, if you have a claim for alimony, or a defense to it, or have children, or assets and debts to fight over, chances are you need counsel.  The more issues there are between the husband and the wife, the more likely there is a disputed issue (or several) and you will want someone on your side.

Additionally, you might want other professionals to assure that you will get what you are entitled to.  That could be a CPA or even a psychologist.  For more information, come in for a consultation.  Call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

Can A Divorce Lawyer Ask About Sexual Activity In A Deposition?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The divorce lawyer can ask just about anything in a deposition and the opposing lawyer just has to sit there and take it while the client answers.

Lawyers cannot advise clients  to not answer deposition questions, unless they are objecting to the form of the question or to accuse the lawyer of harassment.  In those instances, the specific question can be marked by the court reporter taking down the testimony, and the asking attorney can summon the judge on the case to decide whether or not the deponent has to answer the question.  In Palm Beach County, Florida, this is normally done on the spot by telephone to the judge for a ruling, or if the judge is unavailable, by motion and hearing.  If a hearing is necessary, the deposition will be continued to another time.

Deposition testimony is often used in the courtroom to either verify or contradict courtroom testimony.  They are an integral part of any trial.  For more information on this or other divorce topics, call the Family Law Offices of ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more information.

Deposition questions in divorce are usually about finances, companies, relationships, drug or alcohol use, anything that is probative to the issues in the divorce case.  Behavior, records, financial affidavits all come into question.

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