Video Tapes, Transcripts and Other Evidence At Trial

By Robin Roshkind, Esquire, West Palm Beach, Florida

You’ve been to mediation and tried to settle with your spouse.  Unfortunately, the case is going to trial.  It’s time to hire a lawyer, if you have attempted to get your divorce without counsel.

What types of evidence will be necessary at trial?  Things like deposition transcripts, documents including tax returns, court papers, deeds to property, mortgage and car loan docs, the parties financial affidavits, credit card bills, appraisals of real and personal property, and any other relevant proof.

What are you trying to prove?  It depends if you are asking for child support, alimony, or attorneys fees, in which case incomes are important, or if  you are asking for distribution of marital assets and debts, then what the asset values are and what the debts are.

If a pre nuptial agreement is being challenged, then produce the video of the signing.  If a spouse is suspected of hiding income, then lifestyle studies are important.  If a spouse is unemployed, an employability study can be used as evidence of the marketable skills of the spouse.

Remember, you are in court because you could not agree.  At this point, don’t go to court without a lawyer.  This is too important and too tricky for a do it yourself divorce.  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.

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Marriage and Sex Addiciton: How To Handle It

By Robin Roshkind, Esquire, West Palm Beach, Florida

Tiger Woods isn’t the only husband with a sexual addiction.  New statistics show that up to 60% of husbands cheat on their wives at some time during the marriage.  That is huge.  Not all of the husbands, of course, are sex addicts, and there are many reasons to cheat.  But I think sex addiction is more prevalent than we women would like to think.

So how do you handle a husband who you suspect is a serial cheater?  First, check his cell phone when he is in the shower.  Make sure you are not delusional.  Then when you have the evidence, you have two options after the crying and confrontation: stay in the marriage or go.  

Of course, this is simplistic advice.  Many women don’t want to give up the good life marriage brings with it, so they may choose to look the other way.   Many don’t have a good married life so they can’t wait to throw the creep out of the house and file for divorce.    Some may want to try therapy, like Tiger Woods.  But therapy does not guarantee an in tact marriage.  Just ask Elin Woods.  She has removed herself and her children from the whole darn mess.  Tiger may find his conscience, but it also may be too late.

It may be too little too late for your spouse too.  The legal ramifications are as follows:  bank accounts will be cleaned out, children relocated to grandma’s house, wife calls her friends for moral support and then she retains counsel.

For help with divorce or to know your legal rights, 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.

Can You Live Together While Getting Divorced?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Can divorcing couples live together while getting divorced?  It might sound ridiculous, but it happens, mostly out of fear of abandonment accusations or to conserve finances.   While there is no abandonment statute in the State of Florida, it is cheaper to have one household than two.

So for couples who want to or need to tough it out until one or both have to relocate outside of the marital residence, here is some advice:  if the house is large enough to not get in each other’s way, stay together…if the divorce is amicable, if there are no boyfriends or girlfriends in the picture, stay together.  If there is no intense anger or domestic violence, stay together.  But be forewarned:  the togetherness may spawn violence, mental abuse, or other unbearable behavior from your spouse due to the divorce pending and the circumstances.

A good general rule:  If there is alcohol abuse or drug use by your spouse, or violence, move out.   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.

In Marriage Or Divorce, Communication Is Key

By Robin Roshkind, Esquire, West Palm Beach, Florida

Whether you are entering a marriage or trying to leave one, it is important to communicate with your spouse.  It is where unreasonable expectations raise their ugly heads. 

That is when it is important to consult with advisors, whether they are financial, legal, or psychological. 

Regarding a marriage, there is alot to talk about: prenuptial agreements, family finances, children, extended families, who owns what property.  In divorce alot of the same issues apply, but add to those the issues that of  time sharing with children, attorneys fees, spousal support or alimony.   And of course the division of marital property and preservation of separate property or inheritences.  If there is no commingling during the course of the marriage, separate property remains non marital.

Marriage and divorce are life changing events as is deciding to have children.  The best advice is to seek professional help from lawyers, accountants, insurance professionals, finanacial planners, marriage counselors or therapists if you just can’t communicate effectively with your partner or if you are having touble sorting things out by 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.

CASE OF THE MONTH: Divorce Your Spouse, Not Your Child

By Robin Roshkind, Esquire, West Palm Beach, Florida

I had a client come in who was married to an airline pilot.  She said her husband came home one day and packed his things and left saying he was “done and owtta here”.    His teenage son was standing in the kitchen after school while all this was going on.

No one knew it at the time, but this  father would not have contact with his son for more than 3 years.  The mother receives a child support check every month.   What are the ramifications of this case?

First, the marriage was irretrievably broken and a divorce was granted.  But more important than that, the son blames himself for driving his father out of his life.  When he is done acting out on that, he blames his mother for driving his father out of his life.

Needless to say, this teenager has been in trouble with the law, does poorly in school and has self esteem issues.   While the real blame should be on the father himself.  What was he thinking?  He single handedly ruined this child, perhaps for life.

If you want a divorce, you will get a divorce.  But don’t turn your back on your children.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 51-835-9091 or click on the Firm’s web site at http://www.familylawwpb.com.

Should Children Be Split Up in Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Generally speaking, judges in Palm Beach County do not like to split up siblings by giving one child to one parent and the other child to the other parent in terms of custody arrangements.  As a matter of fact, the word “custody” is replaced now by “time sharing”.   But it is a well accepted principal of law that where ever the children go, the child support goes.  So parents usually end up fighting about time sharing and child support payments.

The best interests of the child is the standard the court will use to determine time sharing.  If a specific case warrants that the children be split up, the judge has the discretion to direct that in a court order.  For example, a 16 year old son may live with his father while the 3 year old daughter stays with the mother.   Because each case is different and is resolved on a case by case basis, it is impossible to predict time sharing, unless the mother and father agree with each other in mediation, and before getting into court.   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.

What To Do If Your Spouse Has A Paramour.

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you and your spouse are separated, and there is a boyfriend or girlfriend in the picture, how do you handle such a situation?

The best advice is that everyone should mind their own business.  But when it comes to harassment, stalking or bad behavior, that is unacceptable.  A call to the police is.   And a police report will be written.

If a girlfriend or boyfriend is bothering the spouse, by stalking or telephone calls, the recourse is to get a restraining order or an injunction for protection.  And vice versa, if the spouse is stalking or telephoning the paramour, it is up to the boyfriend or girlfriend to get a restraining order against the spouse.

Florida is a no fault state.  Once divorce papers are filed, stbxs can date, have sex outside the marriage, get into a serious love relationship.  However, if it effects marital funds  (dissipation of marital assets) or children,  or there is annoying, harassing behavior, the courts can and will put a stop to it.  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.