Who Should Be On Your Divorce Team?

By Robin Roshkind, Esquire, West Palm Beach, Florida
If you are going through a divorce, you have lots of experts giving you great guidance, advice, and opinions: your BFF, your next door neighbor who heard or saw all the fuss, your mother, your co-workers, your hairdresser.  But the team you really need on your side consists of professionals who are well versed in dealing with divorce issues.

You should first consider who you hire as a DIVORCE LAWYER.  Be sure there is a open line of communication and confidence, and no personality conflicts.  Second in line should be your SHRINK.   This professional will help you get through the stress and emotions of separation, divorce, and transitioning to an individual.  Next comes your FORENSIC ACCOUNTANT.  This team member is the number cruncher who traces money and assets, both obvious and hidden.  Then there is the PRIVATE INVESTIGATOR.  This professional tracks down a carousing, partying spouses, who may or may be spending substantial money on a paramour.  They also get the goods on drinkers and drug users.

Lastly, comes your KEY WITNESSES:  teachers, babysitters, friends with children who play with yours, medical professionals, or police officers who had to come investigate domestic violence, if any, and any other witnesses who can help your cause.

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.

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What Does A Quit Claim Deed Do?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In divorce settlement cases, we often use a legal instrument called a quit claim deed to convey real estate between married couples getting a divorce.  The facts are as follows:  Either the husband or the wife decides/agrees to convey his/her interest in the marital home (or any other real estate) to the other party.

For example, let’s just say the husband is going to take a job offer out of state.  He is willing to convey his interest in the marital home , while concurrently, the wife will refinance the mortgage to remove his name from the liability and provide him with a buy out check for his half of the market value of the home.   In this example, the quit claim deed awards the wife the home in its entirety while the concurrent refinancing removes the husband from the debt service and provides cash for his share.

In cases where refinancing is not possible, due to no equity in the home or the wife in this example does not otherwise qualify, then the lawyers will hold the quit claim deed in escrow until such time as there is a refinance.  Quit claim deeds are instruments of conveyance of real estate, and should be recorded in the property records department in the jurisdiction where the property is located. 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.

 

Prenuptial Agreements Protect Children

by Robin Roshkind, Esquire, West Palm  Beach, Florida

No one likes to think someone is marrying them for their money.  Yet it happens all the time.  That is why a prenuptial agreement is such an important document.  Whether you are the “have” or the “have not” of the impending marriage, a prenuptial agreement accomplishes several things:

1.  It deals with your divorce before you get married…one out of two first marriages and 70% of second marriages end in divorce.  Enforceable prenuptial agreements make a divorce less expensive, less stressful and definitely quicker.

2.  It fleshes out the gold digger…if someone is, in fact, marrying you for your money unbeknownst to you, when the prenuptial is not too generous in the early years of the marriage, it will flesh out the gold digger.  They generally don’t like to wait for their “entitlements”.

3.  It protects the birthright of children from a previous marriage…prenuptial agreements address death provisions, and must be accompanied by testamentary documents such as a will or trust.  It provides for the children of the “have” and protects their inheritance from the new husband or wife.

4.  It gives some certainty to both parties.  The obligor knows what the obligation is and the obligee knows what the benefit is.  No legal game playing here.

Granted that prenuptial negotiations can be unromantic and contentious.  But if they cause a rift to the point where the marriage does not take place, consider yourself lucky that you dodged an emotionally and financially expensive bullet.  For more information about this or other family law 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 Want Rights, Get Married!

by Robin Roshkind, Esquire, West Palm Beach, Florida

I received an inquiry from a potential client who had been living with a man in a “marriage like” relationship for more than 20 years.  They had two children and lived in a nice house in Palm Beach Gardens.  From  outside, they appeared to be a happily married couple.  However, the relationship tanked when the “husband” met someone new and asked the “wife” to make “other arrangements”.  She came to me to ask what her rights are.

Unfortunately, the “husband” and the “wife” were not; further, there is no common law marriage in Florida. Additionally, there was no written cohabitation agreement for unmarried people living together long term.  There was no legal obligation for the man to voluntarily continue to support her or children that are over the age of majority.  In short, this woman was you know what.

For those among you who want legal rights, it is best to have a legal marriage.  That legal entity protects a partner from the scenario above.  If marriage is not possible, then a written cohabitation agreement is the only other alternative for protection.  For more information about this or other 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.

Your Divorce Is Public Record!

by Robin Roshkind, Esquire, West Palm Beach, Florida

You may not be aware of this, but your friends, private investigators, nosy neighbors, future husbands or wives, and complete strangers can have access to your final judgment for divorce and more, to be found right there in your court file.  Anyone can see what assets you get or give away in your divorce.  Anyone can see how many children you have, how many homes you have, how many cars you have and what debts you walk away with…it’s all right there for the looking and available to anyone who cares to see right there in public view.

Things that are protected from prying eyes of the world include bank account and credit card numbers, social security numbers, children’s names and birthdates, adoption records, mental health and other health records.  These are privacy protected by the court system.

However, all pleadings in your divorce matter and all allegations made in court documents are on public view, no matter which party makes them.  So if you are going to call your husband or wife a liar and psychopath, or a child molester, you may want to think about the effect on the children in the future.  Financial affidavits, like arrest records, are also public record.  Financial affidavits list everything from
 a person’s monthly dry cleaning bill to rent or mortgage payments.

Perhaps the most damaging or privacy invasive court document available for the world to see is the final judgment of divorce or the marital settlement agreement.  These are very detailed documents which set forth marriage and divorce details you might not want your neighbors to know.  Unfortunately, it is in rare cases that certain documents can be kept out of the court file.  If you want more information about your particular case, 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.

Meddling In Laws and Your Divorce

Meddling In Laws and Your Divorce.

Meddling In Laws and Your Divorce

By Robin Roshkind, Esquire, West Palm Beach, Florida

It may come as no surprise to you, but if you are going through a nasty divorce, other people are involved in your divorce too.  This would include your wife’s nail girl and hairdresser, or your husband’s golfing and fishing buddies.  You will be the topic of conversation from the country club to the office.

Everyone has an opinion.  Everyone has advice to give.  Everyone has either been through their own divorce or has been intimately involved in someone else’s divorce.

But there is legal significance in the State of Florida when it comes to blood relatives, and that is determined on a case by case basis.  For example, sometimes parents of adult children help them purchase a home by making the down payment or giving them funds for the purchase.  Now with the divorce, the couple is splitting and the home must be sold.  What happens to the earnest monies provided by the in laws?  The legal version of that question goes like this:  was it a gift or was it a loan?  The answer will have a definitive effect on the equitable distribution of marital assets scheme.

Another example is where there are children of the marriage.  The legal question is: do the grandparents have any right to see/visit/take care of their own grandchildren.  A third example is if the divorcing couple was spending marital assets supporting the wife’s mother or the husband’s sister, here or in another country.  The legal question there: is that dissipation of marital assets?

Entanglements between divorcing couples and blood relatives is endless.  If you think the in laws were meddling when you were married, just you wait until there is a divorce pending!  If you are going through a divorce or thinking about it, consult with 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.