Misconceptions About Divorce

By Robin Roshkind, Esquire, West Palm Beach, Florida

I often get asked questions from clients that seem so elementary to me that sometimes I feel like a therapist.  But I get these same questions over and over again, so I thought I should address them for the benefit of those who need the advice:

1.  Is divorce going to devastate my family?  It doesn’t have to.  If you and your spouse are adult enough to put children first, you will realize you will be co parenting for a long time and do what you think is in the best interests of the children.  The problem is that often the two opinions don’t jive but rather conflict.  When that happens, there is mediation or therapy.

2.  Do I have to list every penny I spend and earn on my financial affidavit?  No, as long as you estimate closely to what the real figure is.   This is not an exercise in balancing your checkbook.

3.  Will my spouse follow a court order?  He/she should, but if he/she doesn’t, you have legal recourse.

4.  Will my case settle?  In my practice 75% of our divorce cases do settle.  As for a particular case, who knows?  We certainly advocate for amicable settlement, but sometimes that is just not possible.

5.  Will I have to leave the family business?  If you are divorcing, yet working in a family business, it is highly likely that you will be foreclosed from continuing in that position if the family is on your spouse’ side.

6.  Will my lifestyle suffer as a result of the divorce?  It depends.  Some people prosper without their spouse dragging them down financially or emotionally.   Others face problems on their own that they never had before as part of a married couple.

7.   Who gets the dog?  This is an interesting one.  Pets are viewed under the law as chattel or things, no different than a living room sofa.  However, pets carry the emotions of their owners as if they are children.  I have done cases where the former spouses exercise time sharing.  Also I usually try to have the pet go where the children go at the time.

8.  Can I date and have sex?  Of course.  Florida is a no fault state.  Just be sure the children aren’t harmed in some way from your behavior.

There are hundreds of these types of questions.  If you have one, pick up the phone and call 561 835 9091 to arrange for a consultation with me on your specific case.  Or click on the Firm’s web site at www.familylawwpb.com.

What Is The Role Of Appraisers In A Palm Beach Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In my practice, I have had the ocassion to recommend that my clients use appraisers for various purposes.  Most of these divorce cases are high asset divorces, marriages of substantial wealth, whereby the husband and wife are disputing who gets what out of the collection of homes, boats, watches, stamps, antiques, serious artwork, wines, and just about anything else of value.

In distributing the spoils of a high asset marriage, either the husband and wife have to agree as to what something is worth, and then divide the assets according to equalizing value,  or they can agree to ignore value in favor of preference.   If the husband must have his gun collection, and the wife must have her four sets of bone china, the parties can simply agree to that.  Where appraisers come into play is when there is fighting over the assets and they are asking the judge to equitably distribute the marital property.

Country club memberships, frequent flyer miles, unimproved land, coins are also up for grabs, as is sterling silver, antique silver, jewelry, cars, and anything of value that must be distributed as a result of the divorce.

Generally, appraisers fall into the following categories:  real estate, jewelry, furniture, antiques, cars, boats and other vehicles, stamps and coins, and artwork.  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 To Do If You Catch Your Spouse CHEATING???

By Robin Roshkind, Esquire, West Palm Beach, Florida

I get this question all the time in my practice.  You really only have two options: you look the other way and enjoy life, or if you are not enjoying life, you file for divorce.  Florida is a no fault state.  Spouses can and do cheat.  It’s how you react and what you do or how your spouse reacts and what he/she does that determines the future.

If the cheating takes on a serious turn, the cheater may file for divorce.  Or the innocent spouse may file first, depending upon emotions.  But what I see more and more, it is not the cheater filing for divorce, but rather the innocent spouse.  The cheater generally likes things just the way they are.

The innocent spouse should gather photographs, documents, copies of everything financial, store small valuables like jewelry off premises, and spend time preparing for the other spouse to know you are angry…angry enough to file for divorce.  Sweetness helps to garner information, and often the cheater will brag to the spouse how amazing life is.  Let them talk, all the while finding out who the other person is, where he/she lives, and other forthcoming information.   Information turns into amunition.  Especially when you have all the information to give to your private investigator to determine if your spouse is dissipating marital assets on the paramour.  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.

After The Divorce Is Final…A Checklist

By Robin Roshkind, Esquire, West Palm Beach, Florida

The divorce process is full of details, stress, and decisions.  After the divorce is final, you and your divorce lawyer cannot drop the ball and ignore performance under the terms of the final judgment.  Below is a checklist of possible tasks in a hypothetical divorce case:

1.  Record any quit claim or real estate property deeds.  Make sure they are signed by both the husband and the wife, witnessed properly, with proper legal descriptions, and notarized.  Otherwise the recording department at the courthouse will not accept transfer of title on real property.

2.  Roll over any retirement plans by having a qualified domestic relations order QDRO prepared and signed by the judge in your case, and properly approved by the retirement plan administrator.

3.  Change titles to cars, boats or other vehicles by properly executing title documents.

4.  Open new bank accounts, stock accounts, annuities or other investment accounts in your name only.

5.  Cancel joint credit cards, cell phone accounts and the like and open new ones in your name only.

6.  If you are the one staying in the home, transfer utilities to your name only.  If you are the one leaving the marital home, notify the utility companies to remove your name from these accounts.

7.  Change the beneficiaries on your life insurance and other testimentary documents.

8.  Wives need to get certified copies of the final judgment of divorce from the courthouse to change your name on drivers licenses, passports and other legal documents.

9.  Once the dust settles, re read your final judgment to make sure you and your now ex have complied with all its terms.   If your spouse refuses to comply or simply won’t comply with its terms timely or by deadline dates, let your divorce lawyer know.  The lawyer can file a motion for contempt or a motion to enforce a court order against your ex.

For any other questions concerning this or other divorce topics, 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.