Moving Next To My Ex

Moving Next To My Ex.

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Moving Next To My Ex

by Robin Roshkind, Esquire, West Palm Beach, Florida

I had a client whose spouse was very difficult during the divorce proceedings.  My client, while going through a divorce, found a significant other, and the spouse was wild with jealously, trying to do everything possible to make everyone’s life miserable. Including renting a house directly across the street from the marital home. 

The spouse would verbally attack the new love and/or the spouse at the mailbox, at the school, at the mall.  The spouse would box up all the personal effects and leave them out on the lawn for all the neighbors to see and the sprinklers to destroy.  The spouse would tamper with the mail, and generally spend the days spying.  This spouse was out side when the they went to work, and when they came home. 

Not only was the spouse vindictive, but the kids were in the cross fires.  This went on and on even after the divorce.  It seemed to the neighbors that the police were always being called for one reason or another.  Finally, after two years post dissolution of this craziness, the lover moved out and the now former spouse left the rented house.   What happened was they finally got an emotional divorce.  The legal divorce was done two years prior, but neither party, it seemed, had let go.  They were as entwined as they were when they were still married.   The moral of the story is to get an emotional divorce along with a legal one.   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.

What Is Marital Waste In Florida Divorces?

by Robin Roshkind, Esquire, West Palm Beach, Florida

My clients often ask me why something that happened 20 or 30 years ago in their marriage matters in today’s divorce court.   The reason is the divorce court judge in Palm Beach County cases can look back to see if there was any marital waste.  What exactly does that mean and why is it significant.

It can mean the following:  marital funds spent on a gambling habit; drugs; alcoholism; prostitutes; mistresses; extended family members; relatives overseas.  Marital waste is anything that marital monies are spent on that does not further the marital purpose. 

Some might consider marital waste as a dissipation of marital assets.  But dissipation can also encompass bad investments, or other waste of marital funds done in good faith in trying to maintain the marriage.  Selling a marital asset to pay marital bills is dissipation, but it is in furtherance of the marriage.  That is the nuance difference between the two concepts. 

The reason that dissipation of marital assets and marital waste are both important, is because the judge has to divide marital assets and debts between the husband and the wife.  It is not always a 50/50 split.  For example, if one spouse financed a gambling problem over the last 30 years, today in divorce court, that spouse is going to pay by getting less than his/her half of the marital assets.  Of course, marital waste or dissipation of marital assets has to be proven.  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.

 

Can I Change Divorce Lawyers In Middle Of Case?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Yes.  If you are not happy with the way things are going, if the judge looked at your lawyer cross eyed, if you don’t agree with your divorce lawyer’s strategy, and for any other reason, you can change divorce lawyers in the midstream.

This would require your hiring new counsel, and the filing of a pleading called a substitution of counsel notice, so the court and judge will know of the change.  You, your former attorney and your new attorney all have to sign this substitution of counsel pleading which puts the court and your spouse’ attorney and your spouse on notice that you now have a new divorce lawyer. Your new divorce lawyer will have to review all the pleadings, court orders, and letters between counsels, and any other documents generated in your matter, in order to “get up to speed” and have adequate knowledge to take over the case.  Discovery deadlines have to be calendared and hearing dates set.  It is always better to change divorce lawyers midstream, that go forward with a lawyer that, for whatever reason, you do not want.

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.