What Is Temporary Relief?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Temporary relief includes any kind of relief for the “have not” spouse, to allow the spouse to live and pay bills, pending the outcome of divorce proceedings.  There is usually a temporary relief hearing before the judge, in the event that a court ordered and required mediation does not resolve in a global settlement of the divorce.

Temporary relief can include a court order on child support, time sharing, shared parental responsibility, alimony, attorneys fees, exclusive use and possession of the marital home, a partial division of marital assets and debts, and any other relief requested by the spouse, to allow normal household bills to be paid, and maintain the status quo pending any outcome in the divorce.  Temporary relief stays in place until further order of the court, or an agreement of the parties.  Temporary relief may or may not be precedent setting.  For more information about this or other divorce topics, call one of the Palm Beach divorce lawyers at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

You And Your Divorce Lawyer…

by Robin Roshkind, Esquire, West Palm Beach, Florida

You and your divorce lawyer have a special relationship. First, anything conveyed to your lawyer, in writing or verbally, is confidential.  This includes any communications with any of your lawyer’s staffers as well.  Your lawyer is there to advocate for your position and hold you out in the best light possible under the facts of the matter.

Your lawyer knows divorce law in your jurisdiction.  You must listen and follow his or her advice.  That is what you are paying for…your lawyer’s time, skill set and expertise.

Speaking of paying, be sure you keep current with your bill.  Your lawyer will stay on and continue to represent you, as long as the legal fees are being paid.  The reverse is true as well.  If for some reason you do not pay your lawyer, the judge most likely will let your lawyer withdraw from representing you.

You must cooperate.  If you are supposed to produce documents, don’t be your own worst enemy, or your lawyer’s, by not producing these items in a timely manner.

Lastly, if you are not sure about something, call for a meeting with your lawyer.  It is much better to have an open discussion than remain in the dark and not understand what is going on that involves your future.  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 for more information.

Tax Issues In Divorce

by Robin Roshkind, Esquire, West Palm Beach, Florida

Divorce and Taxes…tax debt is a common problem that divorcing couples face.  There are several issues in the divorce process that concern the IRS: 

1.  Do you or your spouse owe the IRS monies.

2.  Who will get the head of household exemption.

3.  Who will get the child exemptions.

4.  Will you be filing married filing jointly, or married filing separately.

5.  Alimony is taxable to the recipient as income and deductible to the payor.

6.  Child support is taxable to the payor and non taxable to the recipient.

7.  Retirement plans can be divided between Husband and Wife by Qualified Domestic Relations Order (QDRO) without any tax consequences if rolled over properly.

8.  Transfers of property need to be done properly with tax ramifications considered in advance.

9.  There may be capital gains tax on property you receive in a divorce settlement but sell off later.

Should all else fail, ask your tax advisor about the “innocent spouse” defense, which you can file with the IRS.

You’ve Gotten A Divorce But You’re Still Stuck With Your Ex?

by Robin Roshkind, Esquire, West Palm Beach, Florida

One advantage certain couples have, is that once the divorce is final, both parties can go their separate ways without interference from the other.  They never have to see each other again; they never have to talk to each other again… about anything.  That is unless they are sharing a business,  a dog, or children.

If a divorcing couple has any of the above, they are in it together for the next number of years until the children reach the age of majority, the business folds or is bought out, or the dog dies. Along with child support, shared parental responsibility and time sharing, which keeps the two of of tied together,  the focus today is on co parenting.

Co parenting can be very difficult, especially if the former husband and former wife just don’t see eye to eye.  An exaggerated example: The kids get to eat candy in one home, while in the other they are forced to do homework.  This is an example of a typical dilemma co parents face all the time: different co parenting styles.  The best advice is to live and let live, unless there is some detriment to the children.  Pick your battles wisely.

Even so, children hone in on certain things, and usually can figure out how to play one parent against the other.  Remember, you are the adults.  You should wise up to this ploy and work together for the best interests of your children.  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 for more information.

Does It Matter Who Files For Divorce First?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Clients who come in to see me for a divorce consultation often ask if there is any advantage to filing for divorce first and before their spouses do.  As far as substantive facts and law, there is no advantage or disadvantage as to whether you are the petitioner, asking for the court to grant a divorce, or the respondent, the spouse who is served with the petition and has to respond.

However, strategically, there is an advantage to being the petitioner and filing for the divorce first.  In terms of going to trial, if you are the petitioner, you get to present your case to the judge first.  You make the first impressions on the judge.  You get to present the facts of the marriage from your perspective first.  You make opening statements and closing arguments first.

The disadvantage of filing for divorce first, is you have to pay the filing fee to the court.  You have to pay to have the other spouse served with your petition.

Often times, there is a “race to the courthouse” when spouses live in two different states.  Here it would matter who files first because of convenience.  For example, if the parties have been separated, and Husband lives in Connecticut and the Wife lives in Florida, and they own a home in each state, whoever gets to file first generally will have the divorce take place in their state.  There are extenuating circumstances and time frames, but generally whoever filed first will prevail with having the divorce proceedings in their jurisdiction.  For more information about this or other hot topics in 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.

Does It Matter Who Files For Divorce First?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Clients who come in to see me for a divorce consultation often ask if there is any advantage to filing for divorce first and before their spouses do.  As far as substantive facts and law, there is no advantage or disadvantage as to whether you are the petitioner, asking for the court to grant a divorce, or the respondent, the spouse who is served with the petition and has to respond.

However, strategically, there is an advantage to being the petitioner and filing for the divorce first.  In terms of going to trial, if you are the petitioner, you get to present your case to the judge first.  You make the first impressions on the judge.  You get to present the facts of the marriage from your perspective first.  You make opening statements and closing arguments first.

The disadvantage of filing for divorce first, is you have to pay the filing fee to the court.  You have to pay to have the other spouse served with your petition. 

Often times, there is a “race to the courthouse” when spouses live in two different states.  Here it would matter who files first because of convenience.  For example, if the parties have been separated, and Husband lives in Connecticut and the Wife lives in Florida, and they own a home in each state, whoever gets to file first generally will have the divorce take place in their state.  There are extenuating circumstances and time frames, but generally whoever filed first will prevail with having the divorce proceedings in their jurisdiction.