Cuttting yourself off from your spouse.

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are thinking about divorce, it is time to think about gaining or regaining your independence.  The following tips will help you in becoming whole again:

1.  Get your own cell phone account.

2.  Get a credit card in your name only.

3.  Get a Post Office Box or some other place where you can receive mail without the possibility of your spouse intercepting your private communications, including letters from your divorce lawyer.

4.  Open a bank account in your name only.

5.  Put jewelry and other small valuables in a safe or safety deposit box.

6.  Get your own email account.

7.  Separate and remove or photo copy important papers.

8.  Find a better place to put the car keys.

9.  Take photos of personal property in the marital home.

10.  Think about things  you share with your spouse, for example luggage, and get your own. 

By doing these things, you will gain a mind set of being an individual, instead of being one half of a whole.

For more information about divorce, 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.

Separation and a whole new you.

By Robin Roshkind, Esquire, West Palm Beach, Florida

You want out of the marriage.  But you are used to being with another person for years and years.  It’s time to start thinking about yourself as as separate individual.

Here are some of the things you need to think about:

1.  Having your own cell phone account.

2.  Getting your mail somewhere other than your marital residence.

3.  Setting up a bank account in your name only.

4.  Putting passwords on your family computer or getting your own pc.

5.  Get a credit card in your name only.

6.  Filing your own tax returns.

7.  Stop sharing things like luggage;  get your own.

8.  Keep your car keys hidden.

9.  Don’t leave jewelry around.

10.  Make yourself whole and independent any way you can. 

For more advice about divorce, please call on one of the lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Get your spouse out of the house!

By Robin Roshkind, Esquire, West Palm Beach, Florida

You’ve decided to get a divorce, but now you want to separate.  How do you get your spouse out of the house?  To accomplish that goal, you must understand why your spouse won’t go, just by you asking.

First there is the emotional reason.  If you are the one who wants the divorce, why should he/she leave the home.  You go, is the rationale.  Understand that when one party wants a divorce in the state of Florida, the other party has no choice.  A divorce will be had.  There is no fault in this state.

Aside from the emotional reason, there is the financial one.  I can’t afford two households, is normally the lament.  Get used to it, is the retort.  One does not lose their property rights by merely vacating the premises. 

Lastly is the children. Spouses believe if they move out or away, they lose their chilidren.  This is not true.  The new laws put into place time sharing for both parents.  That is now public policy. 

The surest and quickest way to get a spouse out of the house is, unfortunately, domestic violence.  The police are called, if there are wounds, the wrongdoer is carted away for at least two weeks until there is a hearing. 

If a divorce is already pending in the courts, the easiest way to get a spouse out of the house is by agreed order.  Come to an agreement as to time sharing with the children and finances, and the spouse will go confidently knowing an enforceable contract is in place. 

For more information about this divorce topic or other 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.

Separation without divorce…is that possible?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In Palm Beach County, Florida, it is possible to file for support without divorce.  This allows a couple to separate, by agreement, and give the marriage a chance to heal.  Or not.

Couples generally take this time to “date” each other, go to marriage counseling, or “try on” the single life.  A written agreement between the parties can be filed with the court, as to who pays for what with reference to mortgage payments, child support, groceries, car payments, utility bills and the like.  It can also set forth living arrangements and who stays in the marital residence.

Another concept under the law in the state of Florida is the abatement of proceedings.  If you or your spouse has already filed for a divorce, and you wish to go to marriage counseling, or try to mend the marriage, you can abate the divorce proceedings for as long as 4 months by agreement of the parties.  You still need a written agreement as to the children’s issues, living arrangements and such, but the divorce is bascially put on hold with an abatement by court order.

Judges want to be certain that before granting a divorce, the marriage is in fact irretrievably broken.  Support without divorce, or abatement of divorce proceedings are the way to determine that.  For more information about this or other divorce questions, please call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091, or click on the Firm web site at www.familylawwpb.com.

Changing your name, legally.

By Robin Roshkind, Esquire, West Palm Beach, Florida

It is possible to get a divorce and for a woman, have your premarital name restored.  You have to plead it in your divorce petition and you have to request it of the judge at final hearing.  If y ou do, there is no extra cost in legal fees, other than as part of the divorce action.

But there are other reasons you may have to changing your name later on.  Some men, too, also wish to change a name.   Often it is a parent who wishes to change the name of a child.

In all the instances above, it is possible to get a legal name change PROVIDED the change is not for fraudulent purpose.   The action will require a Petition for Name Change, and the Petitioner will have to stand before a judge and explain the exact reason for the name change.   The Petitioner will also have to declare the name change is not for fraudulent purpose, and may have to answer several other questions posed by the judge. 

For more information about this subject please click on the Robin  Roshkind, P.A. website at www.familylawwpb or consult with one of the attorneys at the Firm by calling for an appointment at 561-835-9091.

Divorce, Foreclosure, Bankruptcy…it’s a new year, a new you.

By Robin Roshkind, Esquire, West Palm Beach, Florida

This past year saw gas prices at an all time high, residential construction and housing at an all time low; builders, decorators, mortgage brokers, real estate agents, roofers, pool companies, car dealers/salesmen, and lots of others all out of customers and out of work.   Not to mention what has happened on Wall Street, and to our retirement portfolios. 

So it is not surprising that my law practice has seen more clients go through more divorces, foreclosures, and bankruptcies than ever before.  People have problems and stress.  If husbands and wives are relentlessly fighting (usually over money), relief is sought by divorce.  If the mortgage (or car payment) can’t be paid, the bank will relieve you of that obligation by foreclosing.  If you are seriously in debt, having run up those credit cards, bankruptcy is your recourse. 

While the picture is not pretty, neither was Year 2008.   It is time to plan for the future.   While I am hardly a doomsayer, I just throw out those three words: divorce, foreclosure, bankruptcy, as real legal options.  You have options.  And with options comes hope for a brand new beginning.  

For more information click on the Robin Roshkind, P.A. website at www.familylawwpb.com or consult with one of the Firm’s attorneys by calling 561-835-9091.

Get A Divorce, Get A New Life…A New Year’s Resolution.

By Robin Roshkind, Esquire, West Palm Beach, Florida

As a key player in the divorce law in Palm Beach County, Florida, I never push anyone into getting  a divorce.  It is a very serious and personal subject.  Only the client can decide the right timing of such an important life changing matter.

But there is something to be said for a fresh start.  Often after the holidays, spouses just can’t take it anymore, and they make a visit to the divorce lawyer to find out about their rights, options, and obligations under the law.

For those thinking about making a fresh start in life, my Firm website has much information.  Click on www.familylawwpb.com or call for a consultation with one of the Firm attorneys at 561-835-9091.

Divorce and New Beginnings.

By Robin Roshkind, Esquire, West Palm Beach, Florida

With the dawning of a new year, many of you who are recently divorced are going through the beginning stages as a single or as a single parent.  Once the judge’s gavel comes down on the divorce decree, you turn the page to a new life.  However, there are certain things you must address to get a fresh start.  The following is your checklist:

1.  If you are female and getting your former name back legally in the divorce proceedings,  you need to take certified copies of your divorce decree to the Dept. of Motor Vehicles. Also, don’t forget about your passport, credit card accounts, and social security.  Change your name on bank accounts, IRAs, 401Ks, insurance policies,  security accounts, leases, and any other legal documents that identify you.

2.  For husbands as well as wives, do a new will and change the beneficiary from your spouse to your children. 

3.  Same with insurance policies and benefiaries,  and trust documents.  You don’t want  your spouse to be the trustee any longer.

4.  Make necessary changes to the title of your vehicle, boat, real estate deeds.

5.  Don’t forget those frequent flier accounts.  They are worth something.

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.

DIVORCE: I want to be single again!

By Robin Roshkind, Esquire – West Palm Beach, Florida

There are two primary reasons why marriages fail.  Sex or money or both.  In today’s troubled economy, both are cause for marital trauma.  This article is about the psychology of divorce and its legal implications; obviously both are very much intertwined.

It’s no secret that relationships are stressed.  With couples of all income levels having money problems, from Wall Street to Main Street, there is much to argue about.  And when the relationship is stressed, oftentimes spouses look outside the marriage for comfort.  In divorce cases, where a paramour is involved, this brings forth a whole host of legal issues including:

 1.  detriment to the children 

 2.  dissipation of marital assets 

 3.  jealousy and vindictiveness, and the desire to “get even”.

This causes more acrimony and less chance for an amicable legal settlement.

With retirement accounts dwindling by the minute, investment income faltering, taxes and daily living expenses on the rise, home prices at bargain basement values with huge mortgages, and still not selling, couples are concerned about how they are going to make it through.  Many jump ship before it sinks.  The big point here is that in certain cases, THAT IS JUSTIFIABLE. 

For example, if a spouse is a bad money manager and argues every step of the way, you ask yourself, WHO NEEDS IT?   Or in the case of a shopaholic, who “just can’t help it”, in today’s times, who needs to support that?   Especially if the love has died.  Or the sex.  How many of you out there in cyberland have not had sex with your spouse in years?  I see this often in my practice and it is more common that you might think.

Divorce is never a pleasant experience even under the best of circumstances.  But in today’s economy, it might be better to be single again.  Only you can decide that for yourself.  For more information go to the Robin Roshkind, P.A. web site at www.familylawwpb.com or call for a consultation with one of our attorneys at 561-835-9091.