After divorce…now what?

By Robin Roshkind, Esquire, West Palm Beach, Florida

You’ve separated, filed, gone through the divorce process, and now it’s over.  You’re divorced.  What are your options now?

Some couples stay friends.  Some stay business partners.  Intoday’s market, oftentimes couples stay real estate partners until the marital home or other real property sells.    

On the other hand, some couples part ways and go off to live life as it the marriage never happened.   Other couples are joined by the fact that they have children.  Florida Statute Chapter 61 has a provision called shared parental responsibility.  In a nutshell it says that couples who by the mere fact of having children together must co-parent, they need to be able to discuss the children’s issues, take action and come to agreement on major decision making regarding the child, all in the best interests of the child. 

This can be very difficult coming off an acrimonious divorce proceeding where the two spouses are violent, unreasonable, disrespectful or worse.    Court orders are put down to be followed and we all know how that goes sometimes.  Contempt hearings take care of violations but again that makes it very difficult to deal with a spouse. 

Every case and situation is different.  But where parties can get along if only for their children, the atmosphere is more beneficial for everyone.  However, we lawyers are usually busy post dissolution just because in some cases that is impossible.  Then we or the judge ends up micro managing a relationship. 

The conclusion is, post divorce,  the choice is yours.  Do the best you can under the circumstances, and if you need further legal help, get it.  For questions about this subject or any other divorce proceeding, call the attorneys at Robin Roshkind, P.A. at 561-835-9091, or click on the ROBIN ROSHKIND, P.A. website at www.familylawwpb.com for more information.

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Do you qualify for alimony?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In the state of Florida, there are several types of alimony:  bridge the gap, rehabilitative, permanent and lump sum.  Florida Statute Chapter 61.075 controls whether or not a spouse in entitled to alimony.

The first premise is need of one spouse and ability of the other to pay.  Then there are about 30 statutory requirements that determine whether or not a spouse is a candidate for some type of alimony support.

Factors such as age of the parties, health of the parties, contribution to the marriage, duration of the marriage, education of the parties and other circumstances are considered under the law in an alimony award.

If the parties agree to settle, there could also be an agreement on alimony and whether or not it should be modifiable.  If a payor is anticipating an increase in salary or bonus down the road, it would pay to have unmodifiable alimony., one that won’t change even if income goes up.   Likewise if the payee anticipates a greater need, say for health reasons, down the road, it would be beneficial to have a modifiable alimony, one that could be changed because of changed circumstances later on.

Alimony and other subjects are discussed in the Robin Roshkind, P.A. website at www.familylawwpb.com, or call to discuss your particular situation with one of the attorneys at the Firm at 561-835-9091.

What are “unbundled” divorce services and how it benefits you…

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are a resident of Palm Beach County, Florida, and are getting divorced, YOU QUALIFY!  In keeping with the problems with the economy, we lawyers, at the Law Office of ROBIN ROSHKIND have come up with a great idea to help our clients save $$$$$. 

We are now offering specific divorce packages at low prices to make our services more AFFORDABLE.  If you are doing your own divorce and need assistance with filling out the paperwork, we have paralegals standing by to assist you.  If you need legal advice on a particular legal  issue, come in to speak with one of our attorneys as an advisor.  You will just pay the hourly rate for her time.  However, the lawyer cannot take on your whole case unless asked by you and retained by paying a normal retainer.   We will serve more in an advisory capacity at piece meal pricing, instead of you retaining the Firm for the entire matter and spending money you don’t have.

Here’s an example:

Helping you to fill out a financial affidavit.  $135 per hour.

Discussion of relocating with a minor child.  $350 per hour.

Reviewing financial documents and helping you organize them for opposing party.       $135 per hour.

Preparing you for a deposition.  $350 per hour.

Preparing you for a final hearing.  $350 per hour. 

Going with you to court.  $350 per hour.

Discussing what happens at mediation.  $135 per hour.

Preparing you for mediation.   $135 per hour.

Going with you to mediation.  $350 per hour.

That is just a small menu of “unbundled” services we now offer our clients to assist them with their legal issues.  If you are interested in learning more, call the Firm at 561-835-9091 and ask to speak to Attorney Roshkind.  Make sure you tell the receptionist you are interested in

“UNBUNDLED LEGAL SERVICES”.   

 

For more information about divorce issues or the Law Office of Robin Roshkind click on our website at www.familylawwpb.com.

Do not “ask” for a divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

In some states like New York, you have to ask PERMISSION to be granted a divorce, either from your spouse or the court.  NOT SO in the state of Florida.

You do not need permission to get a Florida divorce.  All you need to do is file for one.  If one spouse wants a divorce and the other doesn’t, too bad, so sad.  The spouse intending on divorcing just has to declare the marriage irretrievably broken and meet the 6 months residency requirement.   The other spouse doesn’t even have to agree. 

That is why is is common knowledge that getting divorced in Florida is “easy”.   Beware, it IS easy to get a divorce here.  What is difficult is to get a FAIR divorce, especially when your spouse won’t agree to your terms.

That is where we lawyers come in to apply the facts of your marriage to the laws of the state of Florida.  Why give up something you are entitled to  under the law?  Why give up something clearly a judge in the courtroom would have you take with you out the door? 

First you must know your rights.  Then if you CHOOSE to waive them to get the divorce done, that is up to you.  However, lawyers offer valuble guidance so you don’t have to sacrifice everything in the name of a divorce.  For more information on this subject or other divorce proceedings, consult with the attorneys at Robin Roshkind, P.A. by calling 561-835-9091 or click on the ROBIN ROSHKIND, P.A. website at www.familylawwpb.com.

Negotiating a divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

In order to negotiate a divorce settlement, both the husband and the wife have got to want to settle.  A friendly divorce requires that both parties want to settle; if  one party wants to settle and the other wants a good fight, settlement will not be possible.

However, where both the husband and the wife agree to agree, it is much easier to reach a successful resolution by negotiation.

In a trial setting, the judge oftentimes figures if both parties leave the courtroom in a miserable state, then the judge has done a good job.

Negotiation is just that.  Both the husband and the wife have to give a little to get a little.  It is basically a BIG COMPROMISE.

So how do you negotiate?  Tell your lawyer what is important to you.  Establish priorities.  And pick your battles.  It is impossible to get everything on your wish list.  If you realize this, settlement will be much easier to achieve.

Divorce negotiations can take place in a mediation setting, at a court reporter’s office or even in the courthouse hallway.  It is important to have all the facts, the numbers, the assets and debts, the tax ramifications, and the best interests of the children at hand.  Negotiate from a position of strength, having all the facts at your fingertips and knowing with your lawyer, how to apply the law to the facts.  For more information about this subject or other divorce proceedings, consult with one of the lawyers at Robin Roshkind, P.A. by calling 561-835-9091 or click on the ROBIN ROSHKIND< P.A. website at www.familylawwpb.com.

Your financial affidavit is the most important document in your divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Divorce proceedings generate a lot of paper.  But no document is more important that your financial affidavit.  Here in Palm Beach County, the financial affidavit is a sworn statement made by a party to a divorce, as to his or her income, expenses, child care costs, debts, assets, inheritence, separate property.  It is more detailed than a loan application and it is the first document opposing counsel looks to pierce. 

The financial affidavit is backed up by mandatory disclosure.  Things such as pay check stubs, tax returns, titles to real or personal property, mortgages, leases and the like.   Production of these documents is important, but by far the financial affidavit is key.  For help with filing one, or if you have any other questions, call for a consultation with one of the attorneys at Robin Roshkind, P.A. at 561-835-9091 or click on the ROBIN ROSHKIND, P.A. website at http://www.familylawwpb.com .

Fighting over the family pet in divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Pets are people too, but NOT according to the law in the State of Florida.  When a family in transition is splitting up the bank accounts, home furnishings and deciding who is to get the fine china and who is to get the big screen tv, the family pets need to be addressed just as if they were a piece of furniture.  Since you can’t divide a dog or cat in half, either the husband or the wife will keep the pet.

Pets are viewed under the law as chattel, or possessions. It is not like a custody issue with visitation afforded the non custodial parent.  However, as an attorney, I have done divorces where the marital settlement agreement signed by the husband and wife, states that the parties agree to some sort of visitation schedule with the family pet.  This is enforceable under contract law, not family law. 

So if you have dogs, cats, horses, or any other family pet, usually the pets go where the children go.  If there is a dispute, the judge will determine the issue for you.   For questions about this subject, consult with one of the attorneys at Robin Roshkind, P.A. by calling 561-835-9091 or click on the ROBIN ROSHKIND, P.A. website at www.familylawwpb.com.