Divorced and Co Parenting… It Is Hard To Do

by Robin Roshkind, Esquire, West Palm Beach, Florida

Getting through the divorce process is difficult enough, even under amicable situations.  But co parenting is something that lingers long after the divorce is over.  If there are minor children of the marriage, there will always be issues between divorced parents.  It is part of the human condition to try to “one up” the other parent. 

No one will admit they are a bad parent, unless they really are detached from the kids and have mental health issues.  But we all know there are bad parents.  The question becomes, how bad?   Is the former spouse’ parenting detrimental to the child?  Does the former spouse ignore, abandon or abuse the children?  Are the children being harmed physically or emotionally?  These are some of the questions to ask post divorce.

It does take time for children to adjust to the divorce situation and time sharing schedules.  But if children are acting out in school, having nightmares, or exhibiting other detrimental behaviors, it’s time to look at the child’s environment.  Co parenting takes both parents determination to do what is in the best interests of the children.  The problem is that two parents might disagree as to what is in the best interests of the children.  If that is the case, it is back to court you go.  Remember, judges do not like to micro manage people’s lives.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 5621 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

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Making Out of State Divorce Decrees Enforceable In Florida

by Robin Roshkind, Esquire, West Palm Beach, Florida

Many couples get divorced in another state and then one of the parties moves to the State of Florida, oftentimes with the children.  This causes a situation in which the time sharing or other terms of the original “out of Florida” divorce must be changed.   The methodology Florida divorce lawyers use to accomplish this is called “domestication of a foreign judgment”.  What that means is that the out of Florida divorce decree has to be domesticated in the State of Florida, and then it can be modified or enforced. 

If the children relocated to Florida, then Florida becomes the home state of the children.  Out of state decrees MUST be domesticated in Florida where the children are subjected to the Florida jurisdiction, in order for a divorce decree to be changed.

Modifications of divorce decrees in general require a substantial change in circumstances.  Then if the divorce parents cannot agree, the judge has jurisdiction to modify the terms of time sharing and child support in keeping with the new circumstances, and what is in the best interests of the children.  For more information about this or other divorce topics, please 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.

 

Lies Husbands and Wives Tell

by Robin Roshkind, Esquire, West Palm Beach, Florida

It’s no secret that spouses keep secrets from each other.  Some are more severe than others and many involve extramarital affairs.  However, there are lies that are told, that can literally cause a divorce.  Here are some of them:

1.  Lying about a gambling problem or spending money on drugs.

2.  Lying about trust fund checks, secret bank accounts or other income.

3.  Lying about being fired from work.

4.  Lying about past debts like unpaid credit card bills or student loans.

5.  Lying about getting a big bonus or raise.

6.  Lying about supporting a former spouse or former girl friend or boyfriend.

7.  Lying about having kids from another relationship.

8.  Lying about paying household expenses when they are in fact not paid.

9.  Lying about lottery winnings, and online or TV shopping addictions.

These lies break the trust between a husband and wife.  They also cause real problems with bill paying, and wreak havoc on family finances.  If you are the victim, you may be better off single.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 8335 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

Court Orders Dealing With Children and Divorce

by Robin Roshkind, Esquire, West Palm Beach, Florida

There are many issues to be decided regarding children in divorce cases.  They include child support, shared parental responsibility (otherwise known as major decisions) regarding travel, passports, schooling, (private, public, or home), day care and after care, health insurance,  parental alienation, siblings, activities, number of over night stays which each parent, and ultimately who pays for what, like team uniforms, equipment, clothing and supplies, uncovered medical and dental care.

When the divorcing parents come to an agreement regarding the well being of their children, that agreement is reduced to a court order.  Or, if the judge must decide what is in the best interests of the child/ren, that becomes a court order.  Court orders are enforceable by the judge.

But court orders involving children can be changed or modified, provided there is a substantial change in circumstances from the time the original court order was entered.  So whether it is child support, which can be reduced or increased, or a parent needs to relocate, or the time sharing needs adjusting, or whatever it is that has to do with minor children in divorce cases, court orders can be modified IF the parties or court determines it is in the best interests of the children because of a change in circumstance.  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.

 

It Takes Two To Settle A Divorce

by Robin Roshkind, Esquire, West Palm Beach, Florida

I often have clients come into my office seeking a divorce settlement.  They tell me that their spouse agrees to “everything” and that they want to settle their case.  You would be surprised at how quickly this turns into a contested divorce.  The reason is that a husband or wife cannot agree to something if they don’t know their rights.  Once they know their rights, they certainly can waive them.  But until that time, any agreement is not an agreement at all, as it is garnered under false pretense, bad advice or both.

Areas of contention in divorce cases abound in terms of things like: what is one’s TRUE income; appraised values of real estate, art collections, jewelry, antiques etc.; what is best for the children;  who should pay for what debts. 

In order for a divorce to settle, BOTH the husband AND the wife have to want to settle.  If then they can’t agree, there is no possibility of settlement.    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.

 

 

A Discussion About Divorce Attorneys Fees

by Robin Roshkind, Esquire, West Palm Beach, Florida

Friends, neighbors, co workers and family members are all well meaning in giving divorcing couples lots of advice.  But when it comes to attorneys fees, there are two schools of thought.  The first is, If you are the major breadwinner, not only will you pay for your own divorce lawyer, you may have to pay for your spouse’ divorce lawyer too.  The second opinion is, If the incomes are about the same, each party pays for their own divorce lawyer.  This is not totally true.

Where incomes are greatly divergent, the “have not” spouse can motion the court for the other spouse to pay his/her divorce lawyer.  The court may grant the entire amount or a fraction of the amount, depending upon one spouse’ need and the other’s ability to pay.

If the parties are relatively equal in assets and incomes, chances are each pays for their own divorce.  Where there is a catch, is in the Florida case of Rosen v. Rosen, which is based upon the premise of egregious litigation.  If one party causes vexatious litigation unnecessarily, that party will pay a portion or all of the divorce lawyers fees for the other party’s divorce lawyer for unreasonably prolonging the agony.  The operative word here is “unreasonably”.

If a party is merely exercising one’s right to documents, therapy or whatever, they are entitled to do that.  However, if the litigation draws long, due to UNREASONABLE actions, such as with holding information, judges will recognize this upon evidence presented, and grant attorneys fees to the wronged party.

If you would like 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.

 

 

A Speedy Trial In Divorce Court?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Getting divorced is a process, and the wheels of justice turn ever so slowly.  That is the answer to the question of a speedy trial in divorce court:  it is highly unlikely.  Here’s why:

1.  The first reason is that all divorcing couples in Palm Beach County must provide a financial affidavit backed up with documents called mandatory disclosure.  This includes things like pay stubs, tax returns, bank account statements, bills, and lots of other paper proof, including appraisals, mortgages, car loan documents and the list goes on and on.  These things take time to gather and there are mandatory deadlines along with extensions for good cause.  Often times you can’t rush those deadlines.

2.   Along with discovery of documents, comes depositions.  Each side has the opportunity to take the deposition of the other party, their witnesses and expert witnesses like the CPA, appraiser or the psychologist. 

3.  Expert witnesses need time to put together reports for the judge to consider. Whether it is a social evaluator, a vocational evaluator, a real estate appraiser, a forensic CPA, or any other expert, they need time to analyze and prepare their evidence and reports.

4.  All parties to a divorce in Palm Beach County must go to mediation before ever seeing the judge.  This needs to be scheduled and involves several people: the lawyers, the CPAs, the parties, and the mediator.  It is a challenge to get everyone available at the same time, and this takes some doing.

5.  Negotiations are ongoing.  While all of the above is ongoing, settlement is always a possibility.  Some parties have a habit of offering up settlement offer after settlement offer just to keep the litigation ongoing or to buy some time to strategize. 

In conclusion, if you are thinking about a divorce, the process can take anywhere from a few months to a few years, depending upon how much is involved in the marital estate, and vindictive the husband and wife want to be toward each other.  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.