What Are Interrogatories?

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are many tools divorce lawyers use to determine the truthful facts of a marriage.  Depositions are one way to seek information.  Production of documents or discovery documents are another.  This is where a party has to produce tax returns, bank statements, credit card bills and the like.  A financial affidavit is a sworn statement that asserts the truth about one’s expenses, income, assets and debts.

Interrogatories are another way a divorce lawyer can gather information.  They are a series of questions that ask everything from whose name is on the deed of the marital home to how much is set aside for kids’ college educations.  They are sworn to as correct and truthful by the party who answers the questions.

If you are getting divorced in Palm Beach County, Florida, and want more information about this or any other divorce topic, 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 for more information.

What Is A Vocational Evaluation?

By Robin Roshkind, Esquire, West Palm Beach, Florida

A vocational evaluation is a tool…it is a way to intimidate a non working spouse, but more than that it is a tool to evaluate what a spouse’s income could be if they were fully employed.  The judge in Palm Beach County divorce court has the ability to impute an income to a person if the court makes certain findings:  that the spouse is voluntarily underemployed, that the spouse could earn at the least a minimum wage, that the spouse has an education and a great income work history.

Income is important in divorce matters because child support is based upon income, as well as an award of alimony and attorneys fees.  Both alimony and attorneys fees are based upon need and ability to pay.  Proving a spouse’s income is a very important issue for more than just one purpose.

A vocational evaluation is performed by a trained therapist/psychologist.  You have to motion the court so that your spouse is court ordered to submit to a vocational evaluation.  This is especially important where a spouse is asking the court to award a rehabilitative alimony.   If you are thinking about 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 http://www.familylawwpb.com for more information.

High Asset Divorce Cases Need Special Attention

By Robin Roshkind, Esquire, West Palm Beach, Florida

There is a saying that the rich are different.  In divorce cases, the same holds true.   Wealthy divorcing couples have more to fight over.  There may be a family business, huge stock options, priceless paintings, several homes, expensive cars and jewelry and a whole lot more debt.

It often takes ancillary professionals to join the divorce lawyers on the “team”.  Professionals including accountants, financial planners, appraisers, real estate experts, business valuations all need to be considered in the equitable division of assets and debts.

Complex marital estates are often the cause for the break up in the first place.  There is more to argue over.  If you have a sizeable marital estate and are thinking about divorcing in Palm Beach County, divorce planning may be just what  you need.  Call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 for more information or click on the Firm’s web site at www.familylawwpb.com for more information.

Domestic Violence Is Serious

By Robin Roshkind, Esquire, West Palm Beach, Florida

In the times we live in, with unemployment, foreclosures and short sales, bad credit, maxed out credit cards, lowered credit, and higher taxes, families are experienced an all time high level of financial stress.  Discussions in the home are often about money, or rather the lack of it, how to spend or not spend what is left, and who gets how much.  Household bills are mounting.  It is no wonder that tempers flare.

Domestic violence is on the rise.  Calls to Florida’s domestic violence centers are up 40% from 2008 to 2009. In Palm Beach County in the past year, calls for help have increased by 27%. 

Domestic violence is a misdemeanor crime punishable by up to one year in prison.  If convicted by the court, this crime stays on your record without possibility of it being erased, sealed or expunged.  In criminal background checks performed by current or prospective employers, your record will be found out.  This could affect your job. For non US citizens, this could mean being deported.

Pushing, choking, hitting, throwing things, or hurting your spouse or significant other in any way can result in a domestic violence claim.  Sex without consent is rape even if between married people.  The victim should immediately call police, press charges and get a copy of the police report.  He/she should also go apply for a restraining order at the State Attorneys Office citing immediate fear of immenent harm. 

Some other considerations are as follows:  was the harm caused by self defense?  Was there a false accusation for monetary gain?  Are there witnesses?

If you are the victim of domestic violence, or if you are falsely accused, 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 for more information.

Keep Divorce Decree With Important Papers

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are many instances in life where we have to be prepared to provide important documents like tax returns, proof of income,  health history, credit scores and the like, for purposes of applications for various things we may need.  One of those important documents is your final judgment of divorce.

Your divorce decree may be required for the following:

1.  Transfer of retirement plans from your ex to you.

2.   Purchase of a new car.

3.  Purchase of a new home.

4  Changing your name on driver’s license and passport.

5. Changing your name on bank accounts.

6.  Application for life insurance.

7.  Transfer of real property.

8.   Change of beneficiary.

9.  Modification of alimony or child support.

10.  Valuation of antiques, artwork etc.

11.  Loan applications.

So keep your divorce decree in a safe and accessible place, because chances are you are going to need it.  You may even need a copy of your divorce decree to be certified as true and correct by the 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 www.familylawwpb.com for more information.

Remarrying Your X!

By Robin Roshkind, Esquire, West Palm Beach, Florida

You suffered through some unhappy years of marriage…you’ve been to marriage counseling, and therapy on your own…you’ve survived your divorce and lived as a single or  a single parent…now you want to reconcile with your ex and your ex spouse agrees.

Some might say that that is a stupid thing to do, but in my practice of more than 12 years, I have seen it 5 times! With marital settlement agreements in place from the divorce, and all property and debts divided, it is starting over.

The terms of divorce stay in place.  What may be a new experience is the prenuptial agreement you should have with your now ex spouse JUST IN CASE it happens again.  Don’t remarry without one.  It gives both of you some certainty and an insurance policy of sorts. 

People grow through experiences.  Sometimes you realize what you had and what you lost.  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 for more information.

What Happens If I Change My Mind About Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are mad as hell and not going to take it anymore, and you file for divorce in the heat of the moment, what should you do if you have a change of heart?  It depends…

In Palm Beach County divorce court, if you file a petition for dissolution of marriage, and you change your mind, you can withdraw your petition by filing a notice of voluntary dismissal.  HOWEVER, if you spouse has already filed an answer to your petition, and a counter petition, your spouse’s counter petition is still active and there will still be a divorce case pending.  So essentially, your spouse also has to file a notice of voluntary dismissal on his/her counter petition as well in order for there to be no divorce case pending.

This is dangerous.  Because you may have changed your mind but there are no guarantees that your spouse has changed his/her mind also.  In addition, once a case is dismissed by the court, in order to reinstate it if you ultimately decide to go forward with the divorce, you will have to pay a new filing fee, which presently is a whopping $419 to re open the closed divorce case.

So be careful!  If you are in divorce court in Palm Beach County, make sure you and your spouse are both on the same page concerning dismissal of the divorce case in court.  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 for more information.