A Divorce Can Jump Start Your Life

By Robin Roshkind, Esquire, West Palm Beach, Florida

A divorce can and often does jump start your life…instead of looking at a divorce as a failure, as many have a tendency to do, look at divorce as a positive beginning.  You are taking an affirmative step to get out of a bad situation.  Divorce can be like bankruptcy…a reorganization of your life. 

Here’s what you will need during or after your divorce:

1.  Do some estate planning and eliminate your spouse from your will, trusts and other estate planning documents.

2.  Reevaluate your life, health, accident, disability, car and long term care insurances.

3.  Get some tax advice either during divorce settlement talks or immediately thereafter.

4.  Same for financial advice…what to do with your settlement funds.

5.  If you want to go back to school or to work, seek the advice of a vocational counselor.  This is a must if you are asking for rehabilitative alimony and a must if you are planning a professional future that you don’t already have.

6.  See what your real estate investments are really worth to you… evaluate a refinancing or a purchase or a sale, or even becoming a landlord by renting out your property.

7.  Get yourself some psychological counseling.  This will help you with the transition from married to single.

Overall, you have a new you.  With the right attitude you will see how much you can accomplish.  For more information about the divorce process or if you are thinking about getting a divorce in Palm Beach County, 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.

Advertisements

Divorce and Grandparents Rights

By Robin Roshkind, Esquire, West Palm Beach, Florida

When couples get divorced there is often custody of children involved.  However, grandparents worry about the parent who is not their child allowing them to see their grandchildren.  Worry they should.  Because there are no outright laws that grant rights to grandparents, other than through the parents of the grandchild.  In other words, if a grandparent wishes to see a grandchild, the grandparent must have permission from one or both of the parents of the grandchild.

There are exceptions to this law in special circumstances wehre one of both of the parents are unfit, dead, in jail, in rehab, or otherwise unable to serve the best interests of the child.  Then and only then can grandparents petition the court for temporary custody, or guardianship over the child and his/her property.  If a court finds that BOTH parents of the child cannot serve the best interests of the child, then the grandparents can get a court order for temporary arrangements.  This includes decision making for education, health, and other major decisions that have to be made daily in the upbringing of minor children. 

For more information about divorce and grandparents in Palm Beach County, Florida, 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 for more information.

The Legal Effects of Drug and Alcohol Abuse In Divorce Cases

By Robin Roshkind, Esquire, West Palm Beach, Florida

I often see in my divorce cases here in Palm Beach County extensive drug use, legal and illegal substance abuse, and alcoholism.  Sometimes it is my own client who is the wrongdoer, and sometimes it is my client’s husband or wife who is the wrongdoer.

Eventhough Florida is a no fault state, there are ramifications of drug and alcohol abuse.  The first falls into the category of dissipation of marital assets.  If a spouse is spending a fortune on his/her drug habit, the court can award the innocent spouse a substantial portion, more than 50%, of the existing marital estate to make up for the expense of the other. 

However the more severe ramifications of drug and alcohol abuse involve children.  In my cases, I do not wish to see a drunk father or mother driving around with a two year old in the back seat.  So I ask for supervised visitation.  The judge can order random drug testing as well as psychological counseling and anger management classes.  Behavior is key when it comes to fighting for children in custody battles and in time sharing. 

My dream case is where a mother or father parties til 2 am four times a week and comes home drunk, then sleeps until noon.  This scenario unfortunately is more common than you can imagine.   I will work very hard for the other side and for the best interests of the children.   If you are getting divorced in Palm Beach County and want answers to your questions, 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.

What Is A Motion For Continuance?

By Robin Roshkind, Esquire, West Palm Beach, Florida

A motion for continuance is a tool for a divorce lawyer, much like a hammer is to a handiman.  These motions are used to postpone proceedings until someething necessary in the process can be accomplished.  They are NOT an abatement which puts the divorce case on hold, to give the parties a chance to go to counseling, nor are they an abandonment or dismissal of the divorce lawsuit, as the divorce matter is still pending.

A motion for continuance is a minor delay in the proceedings to allow a new attorney to get up to speed with what is happening in the case;  it is also used to “buy” more time to produce needed documents for discovery, to delay trial until depositions can be taken, or to allow for further investigation as to witnesses and testimony.

In Palm Beach County, a divorce court judge must grant or deny a continuance that is asked by one or the other attorney.  It must be for a reasonable amount of time and for a reasonable reason to delay.  For more information about getting divorced in Palm Beach County, 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.

What Is The Parenting Class?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In Palm Beach County, Florida, all parties to a divorce where children are at issue in the divorce MUST take a parenting class.  It is a four hour class that can be taken in person in the evenings or online.  Each person must file a certificate of completion in the court file in your case, because without it the judge will refuse to grant a divorce, either uncontested or contested. 

This is public policy.  The course covers things like the peaceful exchange of children for time sharing with the other parent…packing clothes, homework etc., and setting up an environment in each parent’s home where the children can feel relaxed and comfortable.  It covers subjects such as using the children as messengers between the parties, disparaging the other parent to the children and its effects on the children, fighting in the presence of children and the negative effects that has.  The class essentially is child focused and instructs parents about what not to do in front of their children and why. 

Children are often used as pawns in divorce and post divorce communications between the husband and the wife.  For example, the mom may buy the kids new clothes but when the children return from dad’s house, they come back in dirty ill fitting clothes because dad keeps them in order to make mom buy more.  These types of shennanigans happen quite often when the divorce is acrimonious and there are children involved. 

In addition to fights over clothing, are fights over sports equipment and homework.  For example, mom may complain that dad never does homework with the kids and this responsibility rests squarely with her.  The statute says SHARED parental responsibility. 

When children are involved in a divorce, it gives the parties much more to fight about.  This parenting class illustrates all the wrongs to avoid for the sake of your children and is a must before the court will grant the divorce.  If you are planning to get divorced in Palm Beach County or just want 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 www.familylawwpb.com for more information.

What Is A Supportive Relationship And How Does It Affect Alimony?

By Robin Roshkind, Esquire, West Palm Beach, Florida

A supportive relationship is defined in Florida case law as a relationship where the recipient of alimony payments is also being supported substantially and financially by a significant other.    For example, per court order, an ex wife is receiving $3000 per month as and for permanent alimony from her ex husband, but is also living with another man who is fully supporting her.  The legal significance of such a scenario, is that the payor of alimony, the ex husband, can go back to court to modifiy his alimony obligation downward, to either a lesser amount to be paid to the ex wife or he can eliminate that alimony obligation all together because there is no need of the ex wife, since she is being supported by another man.

Alimony in Florida is based upon among other things, one party’s need and the other party’s ability to pay.  If the payee is being supported financially by another person, this eliminates the need and releases the payor of the obligation to pay alimony.  This does not happen authomatically.  A court filing of a petition to  modify alimony has to be done, and an evidentiary hearing has to be had in the matter.  The judge will take testimony and evidence and make a determination as to whether to allow the modification or not.  The goal would be an alimony reduction or an alimony elimination.

If you are getting divorced in Palm Beach County, or have post dissolution issues, call one of the divorce lawyers at ROBIN ROSHKIND, PA at 561 835 9091 or click on the Firm’s web site for more information at www.familylawwpb.com.