Can You Talk To Your Spouse During Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Can you talk to your wife or husband while divorce proceedings are ongoing?  The answer is, it depends.

Normally if both parties have divorce lawyers involved, it is best to talk to your lawyer and have your lawyer talk to your spouse’ counsel.  That way, nothing falls through the cracks…there can be no misunderstandings…and issues get documented.    Granted, this runs up your legal bills, but it is better to let the lawyers handle it and also be the fall guys.

Certainly, if there is mental or physical abuse, a paramour involved, vindictiveness, anger, mental health issues of either or both parties, or any kind of stress between the two of you, ALWAYS talk to your lawyer and not your spouse.  On the other hand, if you and your spouse are amicable, you can talk to your spouse, but be sure to document the conversation, and inform your lawyer of any conversations.  On no account are you to sign any agreements, even if on a cocktail napkin, without your lawyer’s approval. 

In normal cases, spouses are directed to communicate with each other regarding the children but nothing else. 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.

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Are You “Entitled” To A Divorce Lawyer?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Often I get the question about whether or not a spouse should retain a divorce lawyer.   In Palm Beach County, it is not a requirement that one have a divorce lawyer to get a divorce.

In fact, many couples who cannot afford legal counsel have DIY divorces.  These are called pro se litigants by the courts.  They are spouses without divorce lawyers.   WHERE IT GETS TRICKY IS IF ONE PARTY HAS A DIVORCE LAWYER AND THE OTHER DOES NOT. When this happens, I often get the question, AM I ENTITLED TO COUNSEL?  The answer is no.

Divorce is a civil matter, unlike criminal law, and does not require the courts to appoint a lawyer for you.  Although divorce does have far reaching effects on one’s future, finances and family life, your life and liberty are not at risk, and so you are not entitled to appointed counsel even if your spouse has a lawyer.   It is highly suggested by me that you beg and borrow to hire a divorce lawyer if your spouse has one.  You may be awarded fees in your case later.  But you should not go it alone and up against your spouse’ lawyer.   Where the distinction lies is that in criminal cases, your liberty and life are at stake.   That is why in criminal cases, the court will appoint counsel for you if you cannot afford one.  Not so in divorce court, but maybe it should be.

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 http://www.familylawwpb.com for more information.

Marital Liabilities You Might Not Know About

By Robin Roshkind, Esquire, West Palm Beach, Florida

Your spouse may be getting you deeper into debt without your knowledge or permission!  You know about your mortgage, your HELOC, college tuition and the like.  But what you may not know can be harmful to your personal financial health.

Below is a partial list of some of the things you may be liable for without even knowing it:

1.  Your husband or wife purchased a new car on your good credit.

2.  Your spouse may be stockpiling things like socks, underwear, tennis outfits, shoes, running up department store bills on department store credit cards.

3.  Your husband or wife booked a vacation on your Amex or other card.

4.   Your husband or wife took and apartment and is furnishing it on your good credit.

5.  Your husband or wife is supporting a girlfriend/boyfriend, mother/father, or grown kids from another marriage.

6.   Your spouse may be secretly sending money out of the country to support extended family members.

These are just a few of many examples of marital debt you may be incurring without your knowledge and permission.  In divorce cases, it is important for your lawyer to ask the right questions to uncover the unknown.  If you are thinking about getting a divorce in Palm Beach County, Florida, 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 An “Amicable” Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are getting a divorce, it is because you have serious marital problems and the marriage is failing…usually over money or sex.  Other factors include drug or alcohol use, abusive or violent behavior, in laws or step kids issues…there are a host of factors that put stress on a marriage.  So how, you ask, can a divorce be “amicable” when you are fighting like cats and dogs in the normal course.

“Amicable” divorce actually means that both parties are on the same page when it comes to getting the divorce.  There are no surprises, such as the case where the Wife had no clue that the Husband was out the door, or the discovery of infidelity.  The Husband and the Wife both realize together that  it is time to end the relationship.  That is the threshold question.  Then they both agree to try to call it quits in a civil manner.   In amicable divorces, the parties agree to attempt to agree.  The result is a collaborative, cooperative effort to getting the job done, and it is sometimes called a collaborative divorce.  The end result is a global settlement of all the divorce issues in that particular marriage. 

Amicable divorces are the preferred of the species, because it relieves the family of severe stress, burdensome attorneys fees, and a long drawn out litigation.  Choosing the right lawyer is all important, because if there are substantial marital assets, lawyers stand to make more money from prolonged litigation.

If you are 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.

How Do The Wealthy Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

As the expression goes, the rich ARE different…and so are their divorces.   First, there is much more money available to spend on divorce lawyers.  Secondly, there is more to fight over.  Thirdly, spouses have a holier than thou mindset, with the wives being a lot more savvy than the rest of the world’s wives.  That’s  highly likely how they got here in the first place.

But perhaps the biggest difference in divorces amongst the rich, is the prenuptial agreement.  It is generally air tight, often challenged, and to no avail.   If you have assets, or are marrying someone who does, don’t get married without one.

Prenuptial agreements can control almost anything between the parties, from the amount or type of sex the couple will have to who will walk the dog at night.  The  exception is children’s issues.  That is entirely up to the courts.  And based upon the best interests of the child at the specific time.   But for everything else, the prenuptial agreement sets forth the terms of  marriage and divorce up front and without mistake.  And at least 30 days before any wedding.  If you are considering marriage or divorce in Palm Beach County, call one of the divorce lawyers at ROBIN ROSHKIND, PA first, at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

Divorce Is A Very Confusing Time

ByRobin Roshkind, Esquire, West Palm Beach, Florida

During divorce proceedings, some people remain living together and others separate.  In either case, it is difficult to tell people how to behave toward each other.  Should you be cordial if you run into each other at the grocery store or at a party?  Should you check in to let the other person know what time you will be home?  Should you fill up the cars with gas like you always used to do?

Aside from the legal aspects of the divorce, and the ongoing household bills and conversations about the children, how one conducts oneself is often debateable.  In my divorce practice, we settle more than 70% of our cases.  So where the husband and the wife are still residing together, I often tell my clients to be calm,  cordial and business like.   This helps with settlement negotiations.  Leave the emotions out the front door if possible.  Surprisingly, many couples can do this, because they have lived together for so long under undesireable conditions, that by the time they are in divorce court, they both just want to get it over with. 

Dating and telephone calls, messages and texting from outsiders is another area of divorce etiquette that is really up to the individual parties as to how to maintain them.   One thing is for sure:  if you want to amicably settle divorce issues, don’t purposefully embarass your spouse.  Don’t intentionally aggravate human emotions of jealously, rivalry, territorial instincts, abandonment and the like.  It is easier to settle a divorce case without stirring the pot.

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.