Who Gets The Tax Refund?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are going through a divorce, chances are you filed your taxes married filing separately.  This could cost one or the other of you some money.  If you filed married filing jointly, you may be getting a refund.  The refund check will be made out to the both of you, but your spouse can put it into a joint account and then abscond with the funds.

Other things to watch out for is who takes the child exemptions and head of household.  If you are living separately and apart, but are still married, whoever has the children will probably take these exemptions, even if the other spouse is still paying all the bills. 

There are many underhanded things a devious spouse can do with the IRS obligations and refund monies, so be sure to talk to your lawyer and tax advisor in advance.  A written agreement between the parties is the best case alternative regarding tax issues and the IRS.

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 www.familylawwpb.com for more information.

Should You Get Divorced?

By Robin Roshkind, Esquire, West Palm Beach, Florida

You know you are in an unhappy marriage, but should you pick up that phone to contact a divorce lawyer?  Below are some reasons why you should:

1.  If you are being physically hurt.  Domestic violence transcends all socio economic levels.  It should not be tolerated.  You must take your children and get out of harm’s way.

2.  You never have any money.  Your spouse doles out the dollars sparingly making you beg for more.   In divorce court, you will get your life back.

3.   You have no help at home.  It would be easier to just take care of yourself instead of your spouse’ needs too.

4.  Sex, alcohol, gambling, drugs, spending addictions are part of your life.  Your spouse is ruining your life and won’t get help.

5.  You are always on edge, nervous, or walking on egg shells.  No way to live, and life is too short.

6.  Too much yelling.  If you say the sky is blue and your spouse says it has a purple tinge to it, bail now.  Unless you are a litigator and want to spend your life arguing.

7.  Cheaters and liars, oh my.  A leopard does not change its spots.

There are many reasons to not stay married.  Find out today what your rights are for your specific marriage facts.  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.

Can A Judge Deny A Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

You have filled out all the papers, taken hours to compile documents, and now you want to go get divorced.  Can a judge deny the divorce?  The answer is yes.

The first reason is improper notice to your spouse.  If your spouse was not properly served with divorce papers, or had not signed a waiver of service of process, then the divorce will be denied for improper notice to your spouse.

If there is a child involved in the break up of the marriage, and the child support obligations are not within the statutory guideline amount, the judge can deny the divorce.

If there is no parenting plan for time sharing, the judge will deny the divorce.

If there are no financial affidavits in the court file, and proper exchange of financial documents called mandatory disclosure  has not been done, the judge can deny the divorce.

If the parenting class has not been completed by both parties, the judge can deny the divorce.

There are a host of other reasons why a judge can deny the divorce.  However, the denial is “without prejudice” which means that the reasons for denying the divorce can be fixed and the parties can come back to court once that is accomplished.  

If you are planning to get divorced in Palm Beach County, Florida, 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.