Holidays Can Be Hard For “Bouncing Ball” Children

by Robin Roshkind, Esquire, West Palm Beach, Florida

In addition to the Holiday Season being difficult for those husbands and wives who find themselves in failing marriages, the holidays can be hard for the “bouncing ball” children, who bounce back and forth between divorced parents.   They want to share the excitement and joys of the season with each parent they love, but they are forced by the divorce to split the time up.  Often parents fight about time sharing in front of the children causing them high anxiety and literally taking the joy out of the moment.

Divorced parents may also have new families and spouses…extended families can be a source of comfort or confusion for the child of a divorce.  If adults can start acting as such and put the child first, alot of the tension will dissipate.  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.

Holidays Can Be Difficult Days For Those In Troubled Marriage

By Robin Roshkind, Esquire, West Palm Beach, Florida

It is no surprise that along with the holidays comes the stresses of the season.  It is a well known fact that people stress out over the holidays.  It is especially hard for couples who have failing marriages, couples who are trying to stay together for the sake of the kids, couples who just hopelessly don’t know what to do.

Husbands and wives who have already moved out and on mentally, especially have a hard time keeping it together at this time of year.  How do you pretend?  How do you stay pleasant?  How do you keep from blowing up?  Psychological counseling or marriage counseling is one answer.  A consultation with a divorce lawyer is another.  It may put your mind at ease and give you a plan to keep you from unraveling.   If you know your rights in divorce court, you may be able to make better choices during the season’s festivities.  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.

What You Come Into The Marriage With You Leave With

by Robin Roshkind, Esquire, West Palm Beach, Florida

Generally speaking, what you come into the marriage with you leave the marriage with even if it is years later…UNLESS you have “commingled” your assets to make them marital.

What this means is if you had a home prior to the marriage and sold that house and used the net proceeds to purchase a new home during the marriage, you would get your initial downpayment back in divorce court, before any remaining net assets are divided between the parties.  Or another example,  if you owned a BMW prior to the marriage, and then during the marriage traded it in for a newer model, and a divorce is imminent, you would be able to leave the marriage with your newer car.

In thinking about divorce, it is best to try to pay off all the marital debt with marital assets prior to filing for divorce.  It is also a good idea prior to the wedding to take stock of what you are bringing into the marriage and how you can keep your pre marital assets outside of the marital estate.   One really great vehicle to accomplish this is the prenuptial agreement which requires financial disclosure.

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.

Whose Name It’s In Doesn’t Matter In Divorce

by Robin Roshkind, Esquire, West Palm Beach, Florida

Many of my clients have a misconceptions about whose property is whose when it comes to divorce in Palm Beach County.    For example, a Mercedes Benz was purchased during the marriage with funds from a joint bank account.  The car is titled in the husband’s name only.  Whose car is it in the division of marital assets?  Barring any prenuptial or post nuptial agreement that says otherwise, it is viewed by the court as marital property.  Just because the title is in the husband’s name only, does not mean it belongs solely to the husband.  Ultimately it might go to him in the equitable distribution scheme of the divorce, but it is not necessarily his just because of the title designation.

Another example is the marital home.   Suppose one of the spouses owned the home prior to the marriage, let’s say it’s the wife.  Once the marriage takes place, she refuses to put the home into joint names.    When they get divorced years later, the husband still has an equitable interest in the home from the day of the wedding until the date of the divorce filing even though his name is not on the deed.    For other examples of title interests in divorce law in the state of 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.

Divorce Allegations and Proof Required

by Robin Roshkind, Esquire, West Palm Beach, Florida

There are many allegations that can go flying around in divorce cases in Palm Beach County…drug and alcohol abuse, wife beating, illicit affairs and marital monies spent…these are just a few.

It is important to realize that whatever a spouse alleges in divorce court, must be proven in order for the judge to make a finding as to the validity of the allegation., and thereby rule upon it based upon fairness of the situation.

So, for example, to say or testify that your husband has been cheating is not enough.  You must show with substantial evidence that he purchased a car for his girlfriend, or is paying her rent regularly, thereby dissipating marital assets.  Another example:  If you find something incorrect on your wife’s financial affidavit, you must prove the falsity, rather than just put forth the allegation.

Trial judges don’t take your position on its face value.  What you allege in divorce court you have to prove.   And of course, the allegations have to be relevant and material to the issues at hand.  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 http://www.familylawwpb.com.

Main Breadwinner Should Keep Status Quo In Divorce Proceedings

by Robin Roshkind, Esquire, West palm Beach, Florida

By filing for divorce, changes are imminent.  However, after filing, if the husband and wife are still living together, and there is one party who is the main breadwinner of the family, it is wise for that spouse to keep the status quo in terms of bill paying.

In other words, if there is a doctor/husband, and a stay at home wife/mother, the husband should continue to pay what he has in the past, i.e. mortgage, health insurance, household bills, car payments, whatever.

If the major breadwinner of the family cuts the family off financially, should the matter get before a judge, the judge will see the spouse as a wrongdoer…and will award the other spouse temporary relief pending the proceedings.

You should not stop paying for things like health insurance payments, mortgage payments, utility bills, taxes and insurance, HOA fees, and the like simply because a divorce is pending.  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 http://www.familylawwpb.com.

If You Think You Have A Divorce Settlement, BE CAREFUL!

by Robin Roshkind, Esquire, West Palm Beach, Florida

We divorce lawyers have a old trick…get the other side to think we are settling the case, but then move forward to the divorce proceedings.  The moral of the story is, in divorce court, if you do not have a signed settlement agreement, or a signed agreed order, you do not have an agreement.  You may think you do, but therein lies the problem for you.

In Florida, it is a statutory requirement that all “agreements” be in writing and signed by the husband and wife.   So if you have discovery that is due, temporary alimony payments that are due, depositions that are set, a court hearing to attend, your lawyer still must prepare as if there is no settlement at all until such time as there is a signed document.  Don’t fall into the settlement trap.

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 http://www.familylawwpb.com.