The BEST Divorce…The WORST Divorce

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are thinking about getting a divorce in Palm Beach County, Florida, it could be an amicable or nasty experience.  The determinant factors are the personalities of the parties involved, and the facts of the marriage.

Here is what the BEST DIVORCE looks like:  There is an unchallenged prenuptial agreement which sets forth the division of assets and debts, and provides spousal support and other agreed upon divorce terms.  This contract is enforceable and was agreed to by clear heads, prior to the wedding.  Sounds strange, but this is the best case scenario in my divorce world.

If there is no prenuptial agreement, but both parties can agree that the marriage is over, by removing emotions from the equation, the parties can be reasonable in agreeing to divorce terms.

By way of comparison, here is what the WORST DIVORCE looks like:  There is drug and alcohol abuse, domestic violence, infidelity, death threats, threats of financial ruin, restraining orders, fighting over the kids as pawns, lots of screaming, crying, destruction and very mean spirited behavior by both the husband and the wife. Someone loses his/her job, the house goes into foreclosure, the lights get turned off, the clothes get thrown onto the front lawn, cars get wrecked, along with good credit and lives.  The school knows, the office knows, the family knows, the neighbors know every sordid detail.

As a divorce lawyer, I have handled these extreme divorce cases and everything in between. One husband told his wife she could have both the car and the house in a divorce settlement.  He then proceeded to drive the car through the front door of the house.  He was laughing all the way to jail.   For more information about divorce and divorce law, 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.

Bad Marriage — 7 Situations That Lead To Divorce Court

By Robin Roshkind, Esquire, West Palm Beach, Florida

I am not a shrink, I am a divorce lawyer.  But over the years in my divorce practice, I have made some observations.  The recurring marriage themes that lead husbands and wives to becoming clients sitting in my office are as follows:

1.  Lack of respect.  2. Lack of intimacy. 3.   Physical or mental abuse.  4. Money problems.

5. Addictions.  6. Mistrust.  7. Miscommunication.

Oftentimes, several of these marital problems exist together.  There are two ways to deal with a bad marriage:  fix it or bail.  If you want to fix it, professional help is often warranted. This could be anything from Alcoholics Anonymous to marriage counseling to anger management classes.  Your spouse has to admit there is a problem, and you have to take some responsibility too.

If you have tried to fix a broken marriage and are resolved to go the divorce path as the only way out, talk to a divorce lawyer.  At a consultation, a divorce lawyer should learn about all the facts of the marriage and apply the Florida divorce law to those facts.  Rights, options, and various and possible outcomes should be reviewed and discussed.  It is important to have realistic expectations and know that the wheels of justice turn ever so slowly.  Divorce is a lengthy process.  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 http://www.familylawwpb.com for more information.  

 

Gray Divorce — Is This You?

By Robin Roshkind, Esquire

With the general population aging and graying due to the baby boomer generation, statistics show that what we divorce lawyers call “gray divorce” is on the rise among those of us who are 50 and older.  According to the National Center for Family & Marriage Research at Bowling Green University, one in four divorces in 2009 were gray divorces.  By way of comparison, this is double what it was in 1990, just ten years earlier.

The stakes in gray divorces are drastically greater due to the natural life cycles of those in this category.  Generally, at this age, there are many more assets and debts to divide between the husband and the wife.  There are adult children to deal with.  There are estate planning issues both before and following a gray divorce.  There might be health issues of one or the other spouse warranting unequal distribution of assets or greater alimony support.  There are retirement accounts and tax ramifications.  Liquidity versus hard assets such as real estate may become an issue.

On the estate planning side, changing of personal representatives, beneficiaries, health care surrogates, powers of attorney, and living wills are necessary.  If the marriage was a traditional one, with the husband being the major breadwinner for the length of the marriage, the wife will need to educate herself as to the family finances, and learn to manage money and her life living on her own.  This can be devastating at first. 

For gray divorce couples, the best advice is to seek solid professional help, from divorce lawyers, shrinks, and accountants. 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.