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.

Is he/she cheating on you???

By Robin Roshkind, Esquire, West Palm Beac, Florida

If you discover that your spouse has been unfaithful, what are your legal options? 

The MERE fact of unfaithfulness is not a legal matter. in Florida.  However, your recourse can be of the legal variety.  You can either forgive and forget, OR you can divorce. 

If you choose divorce, then the legal question becomes a matter of money.  Has any SUBSTANTIAL monies been spent on this OTHER MAN or OTHER WOMAN?  If so, then you have a dissipation of marital assets issue.

Another relevant legal issue would be detriment to any children.  If that is the case, you need to file those allegations, and let the court decide what is in the best interests of the children.

If you want more information about any divorce topic, consult with one of the lawyers at ROBIN ROSHKIND, P.A. by calling 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Are you a victim of dissipation of marital assets?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Dissipation of marital assets by one spouse can effect the entire divorce outcome in terms of distribution of assets and debts.  What exactly is dissipation of marital assets?  Any of the following:

1.  Spending substantial marital funds on a paramour.  2.  Spending marital funds on a gambling habit.   3.  Spending marital funds on drug habit or alcohol.  4.  Secreting marital funds overseas.  5.  Sending marital funds to family members.  6.  Liquidating marital funds for any non marital purpose.

If any of these describe your situation, consult with one of the attorneys at ROBIN ROSHKIND, P.A. by calling 561-835-9091, or click on the Firm’s web site at www.familylawwpb.com.

The ugliest divorce…

By Robin Roshkind, Esquire, West Palm Beach, Florida

What kinds of issues does the ugliest divorce include?  I thought I would take a divorce to its extreme to show all of those people out there how good an amicable divorce can be.

Here is what the ugliest divorce looks like:

1.  The husband earns much more money than the wife.

2.  He is self employed and has the ability to hide income, maybe even offshore.

3.  The wife was a stay at home mom without any marketable skills and just a high school or college education.

4.  The wife relied upon the husband to take care of the family finances and does not really know anything or where the assets and debts are.

5.  The children have health issues and need extra care and money.

6.  The wife has no money or resoures of her own.

7.  The husband has traditionally paid all the household bills and controls all the funds.

8.  The husband is verbally and physically abusive.

9.  He is also a gambler and a drunk and has a girlfriend.

10.  He spends time away from home with the girlfriend and her kids, and maybe they even have a child on the way.  He  supports her, spending a lot of marital funds on her for her condo and car and jewelry.  She has more than the wife in her name only.

11.  The wife is driven to drink or drugs and has a DUI.

12.  She trashed her husband’s office while he was out of town with the other woman.  He stole her jewelry as revenge.

These facts make up the divorce from hell.  If you recognize yourself here, please come in to see me so we can do some divorce planning. 

For more information about these issues or other divorce topics, please call one of the attorneys at the Firm at 561-835-9091 or click on the ROBIN ROSHKIND, P.A. web site at www.familylawwpb.com.  And call immediately for a consultation appointment.

Are we monagamous?

By Robin Roshkind, Esquire, West Palm Beach, Florida

I am not the first person to raise the question as to whether or not human beings are meant to be monagamous. Debate has raged through the ages.  However, in the State of Florida, there are no legal punishments for not being monagamous other than two exceptions:  if the “wrongdoer” is spending substantial amounts of money on the sex partner outside of the marriage, which raises a disspation of marital assets issue in divorce court, or if the children somehow are being harmed by the affair, which goes to a best interest of the child issue in a custody battle. 

Courts and judges do not micro manage personal lives.  So if you find yourself in a position where your spouse has not “foresaken all others” in a marriage vow, and you declare the marriage irretrievably broken, your recourse is divorce court. 

For more information about this divorce topic or others, 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.

Mental Health Issues in Divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are many issues in divorce that can be affected by one or the other spouse’ mental health.  The following is a list where mental health issues can determine and outcome of the case here in Palm Beach County, Florida:

1.  Custody battles.  The job of the court is to determine the best interests of the child/ren.  If a spouse is bi polar, clinically depressed, has anger management problems, eating disorders or suffers from alcohol or drug addicition, chances are likely that the other spouse will get much greater time sharing with the children.  The spouse suffering from mental health issues may get limited or supervised visits.

2.  Alimony.  A non breadwinner spouse with mentalhealth issues may get more in an alimony award for rehabilitation purposes as a special needs spouse. 

3.  Dissipation of marital assets.  A spouse who is a compulsive gambler will be accused of dissipating the marital assets, and as a result, will get a smaller piece of the marital pie in divorce court.

4.  Unfit to parent.  A spouse who abuses prescription medications may be seen by the court as an unfit parent.  Ditto for a spouse who returns the children in a dirty, hungry, neglectful  state. 

5.  Domestic violence.  A spouse who goes into a violent rage, destroying marital or separate property will be awarded less in equitable distribution of property.

Anyone suffering from these mental health afflictions should seek the help of a professional counselor for the benefit of the entire family and for him or her to be able to better cope with divorce and life in general.  For more information about this or other divorce topics, click on the Robin Roshkind, P.A. website at www.familylawwpb.com of call for a consultation appointment with one of the attorneys at the Firm at 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.