Can You Postpone a Divorce Proceeding?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If one spouse wants a divorce in Palm Beach County, Florida, and meets the six month residency requirements, and declares the marriage is irretrievably broken, a divorce will be granted.  That is, if the proceedings go forward all the way to conclusion.

There is a way to put off a divorce, pending a reconciliation or a reconciliation attempt.  That is by Motion to Abate the Proceedings.

Essentially, you are asking the judge to stop the divorce from going forward to 1) give the parties time to go to marriage counseling, 2) give the parties time to get their lives back on track whether it be for school or a job, 3) or generally give the parties time to negotiate a settlement.

Abatement of divorce proceedings is a temporary measure and usually does not last longer than 60 to 90 days unless warranted.   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.

Advertisements

Who Should Pay Credit Card Bills?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Credit card bills, utility bills, homeowner’s association fees, property taxes, bank fees and the like all add up in an ongoing household.  But when couples decide to divorce, the issue becomes: who should pay for what pending the divorce proceedings.

If the divorce is a friendly one, an amicable divorce, the parties can work it out.  One suggestion is based upon each spouse’ income as a percentage of the whole.  So for example, if the electric bill is $100 for the month of February, and the husband earns 60% of the family’s income, he should pay $60 of the $100 electric bill.  If the husband/wife is the only breadwinner of the family, then the payor is obvious.

Where problems arise, is if 1) the spouses are fighting like cats and dogs; and 2) if the breadwinning spouse cuts off the other.

Credit card bills, household expenses, car payments are marital expenses.  It is best to work it out between the parties, or at a mediation,  or if that is not possible, have the judge decide who pays what bills at a temporary relief hearing in the courtroom.  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.

CASE OF THE MONTH: Marrying a Foreign National

By Robin Roshkind, Esquire, West Palm Beach, Florida

A client came to me saying he wanted to get married, but wanted to protect his assets via a pre nuptial agreement.  The bride to be was a younger woman from South America.

THE PROBEMS:  On those few facts, here is what I advised.

1.  Do the pre nuptial agreement and get it executed long before setting a wedding date.

2.  To be sure the bridge wasn’t marrying him for US Citizenship purposes, give her nothing by virtue of the pre nup the first 3 years of marriage.

3.  She will need to testify at the pre nuptial agreement signing that she has no language barriers and that she fully reads, writes, speaks and understands English.

4.  The pre nup signing will be videotaped.

5.  The bride needed her own attorney.

6.  Both bride and groom need to disclose finances.

On those few facts, and these six points of advice, I may have saved this man millions of dollars and years of misery.  For more information about this or other marital topics, call one of the lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at http://www.familylawwpb.com.

Your Financial Life After Divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Divorce is life changing both for husbands and wives, payors or payees.

Considering the payments of alimony, child support, and attorneys fees, in addition to normal mortgage payments or rent, car payments, utilities and other living expenses, divorce can be a frightening thought when it comes to finances.

Also, where there are lump sum settlements, this means that one party pays and the other party receives. No matter what side you find yourself in, how you adjust can mean the difference between comfortable living and living paycheck to paycheck.

So this advice is for both the spouse who has to pay out, and the spouse who receives:  manage your funds wisely.   Get financial advice from an accountant or other financial planner/advisor.  And keep in mind any tax ramifications of any divorce settlement.  For more information, 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.

Pregnancy, sickness and Divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

The harsh fact is…in the state of Florida, no one is forced to stay in a marriage.  Whether there is illness, a pregnancy, or other circumstances, the law is the law.  This is a no fault state.

If a party wants a divorce, he/she will get one.  The terms of the divorce may be effected by the circumstances.

For example, if a wife is pregnant and a philandering husband files for divorce, the judge’s job is to protect the forthcoming child.  ANYTHING to do with children is always modifiable by a court of law for this reason, if there is a change of circumstances.

What may seem wrong morally, does not apply in divorce court.  It is a “business decision”.  To dessert a spouse by filing for divorce has no ramifications other than from a monetary standpoint.   Right and wrong may figure into the equation, but only minimally.  For more information 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

Sleeping Alone, Having Sex With Others, and Other Things To Get Used To.

By Robin Roshkind, Esquire, West Palm Beach, Florida

When you are thinking about divorce, going through the divorce process or after the divorce is done, you will be going through changes in your life.

You may decide to have sex with others.  You may have to learn to sleep alone.  You will not share luggage any more.  There are many new things to get used to.

For women, it is mostly learning to take care of themselves, unless you had a husband who was a non contributor.  For men, it is usually having more than one sexual partner, for now you are free to explore.  Paying alimony or chasing after those alimony checks will become part of your new lifestyle.  Having part time children is probably the most unpleasant adjustment unless you are a disconnected parent.

Being in a good marriage, a bad marriage or no marriage takes certain adjustments to lifestyle.  It is best to have the help of a professional counselor or therapist if you can’t adjust on your own.  For post divorce legal issues, consult an attorney.

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

Picking A Good Divorce Lawyer

By Robin Roshkind, Esquire, West Palm Beach, Florida

How do you decide which lawyer you want to represent you in your divorce case?   Many people start with demanding free consults.  Remember you get what you pay for.

Divorce lawyers, unlike personal injury attorneys, charge by the hour.  Any divorce lawyer who does a free consult is desperate for business and furthermore, does not value their time.  Why should you?

Secondly, a divorce lawyer in the “low rent” district may be smart, but more likely, not successful.  If the office is a small unorganized closet, this may not be the practice for you.

Does the lawyer practice without staff?  This is very telling.

Is the lawyer known as a family lawyer?  If not you may want to hire that lawyer for what they are known for, but it is not divorce law.

In short, you should look for a divorce lawyer who is known in the practice area, keeps a well organized and staffed office, and charges hourly because he/she is worth it.  This will establish confidence you need in your attorney.  While all lawyers are smart enough to pass the Bar exam, look for a lawyer you can respect and trust.

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.