Can A Divorce Decree Be Changed?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The lawyerly answer is…it depends.  Certain things in a divorce decree or divorce court order may be modified by the parties or by a judge, and certain other things, once agreed to, adjudicated, and court ordered, are set in stone.

Anything that addresses the best interests of the children of the divorce can be modified, either by agreement of the parties or by a court order.  This would require the moving parent to petition the court for a modification of, for example, child support, time sharing arrangements, shared parenting, or a relocation.  The moving party would have to prove there is a substantial change in circumstances since the entry of the original court order, which is enough of a change to warrant the modification asked for.   

Other divorce issues, like the division of marital assets and/or debts, once decided or agreed to by the parties, or adjudicated by the judge, become the law of the case, never to be adjudicated again…that is, unless a spouse can prove fraud. This principle of divorce law is called equitable distribution of marital assets and debts.

Sometimes alimony obligations can be modified upward or downward, provided the agreement between the parties, does not specifically state that alimony is unmodifiable.  Again, to modify, this would require the moving party to file a petition for modification of alimony, and allege a substantial change of circumstances from the time of the original court order… said circumstances would have to warrant a modification in the court’s opinion, or by agreement of the parties.  Since the law on alimony is based upon one spouse’ need, and the other spouse’ ability to pay, alimony modifications are quite common.

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.

 

 

Why Sexting Is Bad For Your Finances In Divorce Court

By Robin Roshkind, Esquire, West Palm Beach, Florida

Did you ever notice how messaging on your IPHONE works?  Generally, outsiders cannot have access to information on your iphone unless you a passcode is entered. But if a text message is sent to your phone, that message appears right on the top of the phone, and for all the world to see.

So if you are getting sexting messages, or carrying on any kind of relationship outside the marriage, it will be obvious to your spouse when you run into the store to get a carton of milk, take a shower, walks the dog or otherwise leave the phone temporarily and inadvertently in the “care” of your spouse when at the same time a sexting message just happens to come in.

Yes, the proverbial cat will be out of the bag.  What does this mean?  Your spouse will now have at least some facts and evidence against you and will  take depositions to learn if any marital monies have been spent on this sexting partner of yours.  That legal principle is called ‘dissipation of marital assets’.

Potentially, the sexting gave it away.  Where marital funds are spent on a romance outside of the marriage, if the monies are substantial, you may have to give one half of those monies back to your spouse in any divorce settlement or adjudication by the court.  Be forewarned and be aware.  The moral of the story: there is no privacy in divorce court or on your iphone.  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.

Protect Yourself With Divorce Planning

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are thinking about getting divorced, there are certain things you can do to protect yourself.   The very first thing is to educate yourself about the family finances.  Then start a photocopying and photographing campaign. 

When you eliminate the emotional baggage, divorce is about money….dividing assets and debts of a marriage, as well as determining income for purposes of alimony, child support, and attorneys fees. 

In terms of being able to prove the incomes of the spouses, it is important to have things like tax returns, pay stubs, and bank statements showing any direct deposits of income.  Incomes of the parties are key to any divorce.   Employment history is important too.  A spouse should not be able to voluntarily under employ himself or herself and get away with it. Remember, income can be passive as well, resulting from investments, sale of real estate and the like.  Think about what you need to PROVE these things.

Valuing of assets are a necessary must in terms of who gets what.  For example, appraisals of jewelry, art, antiques, cars, even the family business will help the parties or the court divide the assets fairly.  Determining debt is the other side of the coin.  Things like mortgages, lines of credit, credit card bills, car loans need to be addressed, so it is important to have these papers organized and ready to present.

Photographs speak volumes when it comes to valuable cars, boats, and household items of substantial worth.  When you have finished gathering all these documents, deliver the boxes of evidence to your divorce attorney for safekeeping.  For more information about this or other divorce topics, see http://www.familylawwpb.com, or call for a consultation appointment 561 835 9091.

 

No Palimony, No Common Law Marriage in Florida

By Robin Roshkind, Esquire, West Palm Beach, Florida

Marriage and divorce laws are state specific.  What that means is that the law in one state, say New York, is not necessarily the same as the law in for example, Florida when it comes to marriage, divorce, and children.

While there are some common themes, such as “no fault state” or “equitable distribution state”, each state has specific marriage and divorce statutes.  So that causes a lot of misconceptions among the lay public.

So listen up about living together:  there is something called a co habitation agreement that can govern the legal relationship of two people living together outside of a marriage.  While marriage confers certain rights under Florida law, a co habitation agreement does the same thing for people who co habit but are not married.  Without a written co habitation agreement, and other than the intent and performance of the parties, there is no legal relationship that would be enforced in a court of law.

Same holds true for palimony.  While California has palimony support, Florida does not.  So be careful when you enter a serious relationship with another without the benefit of a legal marriage.  Consult a lawyer before you spend years of your life without any legal significance.  For more information call one of the divorce and family lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

New Year, New You, After Divorce

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By Robin Roshkind, Esquire, West Palm Beach, Florida

We all know about new year’s resolutions.  Many of us make them and many of us keep them.  But few keep them permanently.  It is just the way human nature works.

Along with the new year comes new hopes and dreams.  If you are in a bad marriage, maybe things will improve.  Or maybe things will deteriorate to the point that someone, whether it is the husband or the wife, someone will take an affirmative step toward a new beginning.  To get there, havoc and upheaval have to come first.  Revolution makes evolution.

Like marriage, divorce requires a conscious decision and a commitment.  However, marriages may not be permanent , while divorces are.  Unless of course the couple reconciles, which is sometimes possible.  If you have been thinking long and hard about splitting up, as well as splitting the assets, debts and the…

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The Many Faces of Cheaters

By Robin Roshkind, Esquire, West Palm Beach, Florida

You caught your husband/wife cheating.  Now what?  You have two options.  Leave or stay.I hate to boil it down to such a simplistic statement because I recognize the frustration, confrontation, anger, disappointment, hurt, fear and even sometimes violence that results. The emotions of being betrayed are intense and heart wrenching.  What follows discovery of the cheating is either an admission of guilt or denial of same; then there is the blame game.  Or making light of a serious situation. Or remorse and apologies followed by useless promises.  No matter how you look at it, cheating causes marital trouble.

But here’s the big punch:  I am not just talking about cheating as being extra marital sex, adultery, affairs, or romances.  In addition to sex cheating, I am also talking about financial cheating; food cheating; chores cheating; gambling cheating; emotional cheating; alcohol or drugs cheating.  Think about it for a minute.  Some marriages have more than one!

These many faces of cheating can have serious and disastrous effects on a marriage.  Things like financial ruin,broken trust, abandonment, domestic violence.

If you find yourself to be the victim of a cheater, like I said before, you can either leave or stay.  If you stay, hope for change.  If you leave, your life is then under your control.

For more information about divorce in Palm Beach County, 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.

New Year, New You, After Divorce

 

By Robin Roshkind, Esquire, West Palm Beach, Florida

We all know about new year’s resolutions.  Many of us make them and many of us keep them.  But few keep them permanently.  It is just the way human nature works.

Along with the new year comes new hopes and dreams.  If you are in a bad marriage, maybe things will improve.  Or maybe things will deteriorate to the point that someone, whether it is the husband or the wife, someone will take an affirmative step toward a new beginning.  To get there, havoc and upheaval have to come first.  Revolution makes evolution.

Like marriage, divorce requires a conscious decision and a commitment.  However, marriages may not be permanent , while divorces are.  Unless of course the couple reconciles, which is sometimes possible.  If you have been thinking long and hard about splitting up, as well as splitting the assets, debts and the dog, think about it some more, along with contacting a divorce lawyer.  For more information about the divorce process here in Palm Beach County, call someone who’s been through it thousands of times, serving clients for more than 14 years.  Robin Roshkind, Esquire. www.familylawwpb.com.