Yes.  A marital settlement agreement and court order of divorce can be changed by AGREEMENT OF THE PARTIES or by COURT ORDER.  A court order will be the result of a PETITION FOR MODIFICATION OF FINAL JUDGMENT.  It has to be based upon a substantial, material change of circumstances.  You would have to prove such a change requires a modification at the POST DISSOLUTION TRIAL.

However, there is an EXCEPTION…once property and debts are divided in divorce court, or even by agreement of the parties, that part of the final judgment is a done deal.  Spousal support (alimony) and children’s issues (time sharing, child support) can be modified.  Division of assets and debts cannot.

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 www.familylawwpb.com.

I am a divorce lawyer, not a child psychologist.  However, because I see common behaviors in children during the divorce process, I can speak to some of the psychological effects I see in my divorce practice.

1.    Kids are smart.  They play one parent against the other to get what they want, whether it is a toy or game, or time with a friend, a trip, a new pair of shoes etc.

2.  Kids have hope.  They want their parents back together again.

3.  Kids may be unwelcoming.  They do not need or want a new mommy or daddy, so be careful in forcing them into your new relationships.

4.  Kids are flexible.  They have friends whose parents are divorced and they have friends whose parents are not.

5.  Kids blame themselves.  Don’t you blame them too for the break up.

6.  Kids are not messengers.  Don’t use them as such.

7.  Kids are not pawns.  Don’t use your kids to “get” at the other parent.

8.  Kids need stability and love.  From BOTH of you.

This list can go on and on.  For more information about children and divorce, 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.

There are many issues in a divorce that has children involved, both the legal and the psychological.  I will address the legal issues today and the psychological issues in another writing.

Legal issues involving the children of divorcing parents include:

1.  Time sharing (or what used to be called “custody”).

2.  Health insurance (children MUST be covered in the State of Florida).

3.  Schools (private or public)

4. After school care or activities

5.  Relocation with minor children or geographic restrictions

6.  Child support

7.  The parents’ significant others

8.  The parents relationship with each other (shared parental responsibility)

9.  Uncovered medical/dental bills

10.  Housing must be clean and safe

11.   Pets

These are the issues that must be addressed in any marital settlement agreement or final judgment of divorce by trial if there are children involved.  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 www.familylawwpb.com.

I just had a case where the ex husband, after divorce, continued at his mid management level job, and the ex wife remarried a wealthy man.   The ex wife is now able to  lavish gifts upon the parties minor children.  The ex husband,  is not as financially well off as the former wife.  Who do you think the minor children gravitate to?

The courts do NOT recognize the wealthier parent as necessarily the “better” parent.  When it comes to time sharing with minor children, the best interests of the child controls the judge’s decision.  Issues such as who spends quality time with the kids, who takes them to after school lessons, who helps with homework, who takes them to the doctor, who is more involved in school activities…those are the things the judge considers in determining which parent better serves the needs of the children…  Not the amount of clothes a parent can buy or the price or quantity of gifts a parent can buy.

Regarding living arrangements, it is not the bigger house that “wins”, as long as the children have a clean, safe and decent place to live in the eyes of the judge.

While parents are never equal in their parenting skills, time alotted to children, or money available to them, a judge has to consider all factors in determining where the best interests of the children are found.  It is to that parent that the judge will grant majority time sharing and adjust the child support amount accordingly.

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 www.familylawwpb.com.

Temporary relief can be obtained by agreement of the parties that is reduced to a court order, or by a mini trial before the judge in Palm Beach County Family Court.  The issues to be decided in temporary relief are primarily support and time sharing with children.  Support includes temporary alimony and child support, especially if a spouse has cut you off.   Division of assets and debts is not generally a temporary relief issue unless marital assets need to be partially distributed to pay the attorneys.

Temporary relief is a mini trial that occurs AFTER a mediation in an attempt to settle the issues of temporary support and time sharing.  Child support, alimony, time sharing and attorneys fees are the main temporary relief issues.  Other temporary relief issues can include who pays for which household bills, credit cards,  and medical expenses and insurance during the divorce proceedings.

Temporary relief hearings may include the testimony of the parties and CPAs who testify as to the need of one spouse for temporary relief and the ability to pay by the other spouse.  For more information about this or other divorce topics call one of the divorce lawyers at ROBIN ROSHKIND, PA at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com.

Divorce brings many changes, financial, emotional, and physical.  Two areas of testimony at final hearing in Palm Beach County divorces are as follows:

1) The judge will ask if the wife is pregnant.  This is to protect any unborn child of the marriage.  Once the birth takes place, medical care and child support will have to be instituted by court order.

2) The judge will also have to ask if the wife wants her name prior to the marriage to be restored.  It is up to the WIFE not the husband, as to whether or not she keeps her married name after the divorce is final.

In some cases where there is a famous name involved, or a high asset divorce, the husband may negotiate a price or reimbursement to the wife to drop the name.  It is again her choice.  There is no law in the state of Florida that requires the wife to change her name.

For more information about this or other divorce topics in Palm Beach County divorces, 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.

It is time to think about your future…that is what New Year’s resolutions are right?  To lose weight, to make more money, to be nicer to the kids.  We all have unrealized expectations.  But you don’t have to stay in a bad marriage, and furthermore, you don’t have to wait for your spouse to do something about it first.  Take control of  your life, your finances, your future.

Speak to me or another divorce lawyer for INFORMATION.  Then you can make intelligent decisions about whether to stay or divorce.  If you take an affirmative step to control our own destiny, your future will fall into place.

For more information about divorces in Palm Beach County, Florida, call 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 .

It is on many couples’ wish list.  But several couples are afraid to admit it.  The marriage is over.  That’s harsh!  Especially during the holidays.  We don’t want to spoil it for the kids, the family, ourselves, etc.

But when the holidays are over, the left overs eaten, the tree out with the garbage, and decorations put away and the undesireable gifts returned, what do you have left but a broken marriage and being attached to someone you cannot stand.

Do something about it in the New Year.  Take a proactive role in your future.

For more information about divorce and divorce topics, procedures, laws 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 www.familylawwpb.com.

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 www.familylawwpb.com.

I am not a moralist…I am a Florida Bar divorce lawyer.  Legally speaking, you can have sex with whomever you want to.  Florida is a no fault state.

If you are in divorce proceedings, and are still having sex with your husband or wife, this just might make settlement EASIER.  Yes, EASIER.  You still have a commonality which obviously matters to both of you.  I am a lawyer, not a therapist.  And I am not suggesting you do this, but, as a lawyer, I don’t find it entirely bad.

Sex is communication.  Divorce settlements require communication.  You can connect the dots for yourself.  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 www.familylawwpb.com.