Contract Law and Divorce Lawyers

By Robin Roshkind, Esquire, West Palm Beach, Florida

Many people don’t realize the amount of knowledge a divorce lawyer must have in order to effect  justice between the Husband and Wife in divorce court.

Often times, a divorce lawyer has to be well versed not only in FAMILY law, but also in TORT law, CRIMINAL law, and CONTRACT law.   Family law encompasses what is in the best interests of the child/ren, name changes, relocation matters, child support and time sharing between parents;  tort law comes into play when there is spousal abuse, physical injury, spread of disease between husband and wife; criminal law addresses stolen or damaged property of one spouse by another, violence, rape, battery and the like. 

But divorce lawyers also deal in contract law in terms of effectuating a valid, enforceable, marital settlement agreement between the parties,a division of assets and debts, future real estate arrangements, partnerships without the marriage factor.  Contracts can only be valid and enforceable if they are fairly negotiated, fully understood, and freely agreed to under controlled circumstances.   That is why in my practice, I go through a marital settlement agreement with my clients a page and paragraph at a time for an extra layer of protection.   In high asset or complex divorce matters I video tape the actual signing of these documents.   The other party always has the opportunity to challenge an agreement but the real issue is whether or not he/she will prevail.  I do everything possible to prevent a winning challenge to these contracts.

If you are thinking about getting divorced in Palm Beach County, Florida, or know someone who is, 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.

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Can I Keep My Ring?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Many married couples exchange gifts during the marriage.  But what they don’t realize, is that in divorce court, all these “gifts” between spouses become  marital.  This means that the recipient spouse can only keep ONE HALF of the value of the gift.

For example, let’s say a husband has presented a wife with various pieces of jewelry over the course of the marriage.  Let’s also say the appraised value of all the pieces comes to $100,000.  In divorce court, the wife may keep all her jewelry, but the husband should receive $50,000 worth of some other marital asset to equalize the distribution of marital assets.   In cases where there are no other marital assets, the wife in the above example would have to return one half of the jewelry to the husband  or sell it and provide the husband with the $50,000 or one half of his share of the marital assets.

The moral of the story is that “gifts” between spouses during a marriage are not totally belonging to the recipient of the gift.   However, one caveat, is that an engagement ring is pre marital and belongs to the recipient spouse in its entirety.   If you are thinking 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 http://www.familylawwpb.com for more information.

Are You Afraid Your Spouse Will Clean You Out?

By Robin Roshkind, Esquire, West Palm Beach, Florida.

If you are in  divorce proceedings in Palm Beach County, you may have wondered about tapping out the joint bank accounts or having that done to you by your spouse, leaving you with no household funds, grocery money, or available cash for the basic daily necessities.  While it does happen, there is something you can do to prevent this, if you plan correctly. 

The first suggestion is to pay off all or most of the marital debts.  If you owe on joint credit card, cell acount,  car loans, taxes, HOA fees, the housekeeper, pay them!   Use joint accounts to do so.  The lowers your marital liability while preventing your spouse from realizing all the spoils of the marriage.

The second suggestion to guard against being cleaned out while the divorce is proceeding, is to get one half of all the marital liquid assets and put them into an account in your name only.   The catch here is to take just one half, but you also need to be ready to pay one half of all the daily living expenses.   Also, cancel any joint cell phone accounts, joint credit card accounts, and the like, to prevent your spouse from running up joint debts. 

In divorce court, it is important to learn how to protect yourself from the very person who used to be on your side. For more helpful hints, 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.

Long Distance Divorce IS Possible

By Robin Roshkind, Esquire, West Palm Beach, Florida

In my practice, it is quite often that couples split before they file for divorce, and either the husband or the wife has moved out of the area for work, to help with family, or for another relationship.  This does not preclude the marriage from being terminated in Palm Beach County.

In fact, despite a move out of the county, the divorce should still take place here if the remaining spouse has lived in the county for more than 6 months prior to filing the divorce petition.

With technology being what it is, pleadings, retainer contracts, credit card authorizations, disclosure documents and the like can be relayed by email, phone and fax.  Hearings, mediations, depositions can all be accomplished long distance with Palm Beach County court approval.

So, yes, it IS possible to get a Palm Beach County divorce even though the husband or the wife has left the area.  If you are thinking about getting a divorce, 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.

Can A Divorce Court Judge Order Counseling?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Divorce puts a strain on a family.  There are no two ways about it.  Oftentimes, things get out of hand.   An extreme example of that is domestic violence.  On the other end of the continuum are solveable mental health issues, such as accepting the divorce in the first place.

If a spouse is having mental health issues, or if children are having social issues or trouble handling what is happening around them due to divorce, the judge can order the spouse or the family to counseling.  There are many specific instances where that is done.  For example:

In custody battles to help the judge determine what is in the best interests of the children

In cases where there is a stay at home mom

Where destructive behavior is apparent such as a spouse totalling a car or trashing a spouse’ office

In cases where there is parental alienation of children

In cases where there is an outside love relationship

In cases where there is acute vindictiveness and spite

Judges can order counseling to the entire family or the spouse on an as needed basis.

If you are thinking 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.

During A Divorce, How Do Husband’s and Wives Communicate?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In the divorce process, there is alot to discuss:  what will be the living arrangements pending the proceedings; how will the family finances be managed; what happens to the kids.  Sometimes divorcing couples can work things out.  Sometimes the answers to questions are met with “talk to my lawyer”.

Theoretically, the husband and wife have a obligation to talk to each other ONLY where the welfare of their children is concerned.  Pick up and drop off at school, homework, dentist visits, after school activities, are ok to be discussed between husband and wife if they can be civil.  Division of division of household furniture, paying off credit card bills, making the monthly mortgage payment, who is going to take the dog to the vet and pay for it, those types of conversations are best had between counsels.

It is not appropriate for the husband to discuss issues with the wife’s attorney if he is represented by an attorney himself and vice versa.  Where attorneys are representing the parties, these financial issues and more are best left to discussion between attorneys so they keep informed about what is going on and can better advise their clients.

If you are thinking about getting divorced in Palm Beach County, Florida, call one of the divorce attorneys at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more information.

Valentine’s Day A Sad Day For Those In Bad Marriage Or Love Relationship!

By Robin Roshkind, Esquire, West Palm Beach, Florida

Chocolates, flowers, jewelry…ahhh Hollywood…If you are in a bad marriage or love relationship this Valentine’s Day,  know that other people are too.  Look around a roomful of married couples and at least half of those marrieds are headed to divorce court at some point.  Current statistics show that 51% of first marriages end in divorce, and it gets much, much higher for second and third marriages. 

Going to a restaurant or country club with your spouse for a romantic Valentine’s Day?  Half of those couples you will see are not having sex tonight.  They may look celebratory and happy, but truth is, marriages are failing all around you whether you know it or not.  In my practice, I see couples who have not had sex in YEARS.

If you are uncomfortable with these facts, you should be.  It is not a pleasant subject to consider.  As a divorce lawyer, I deal with it for a living every day.   As one who sees too much misery in people’s lives, I have the best advice I can give anyone, whether they are the husband or the wife:   take some control back over your life.  Stop being reactionary and start being pro active.  Stop the misery…Life is just too short!

If you are thinking about getting divorced in Palm Beach County, Florida, educate yourself as to your rights and options, and the divorce process 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.  We can help you get some clarity.