Can A Divorce Court Judge Order Counseling?

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By Robin Roshkind, Esquire, West Palm Beach, Florida

Divorce puts a strain on a family.  There are no two ways about it.  Oftentimes, things get out of hand.   An extreme example of that is domestic violence.  On the other end of the continuum are solveable mental health issues, such as accepting the divorce in the first place.

If a spouse is having mental health issues, or if children are having social issues or trouble handling what is happening around them due to divorce, the judge can order the spouse or the family to counseling.  There are many specific instances where that is done.  For example:

In custody battles to help the judge determine what is in the best interests of the children

In cases where there is a stay at home mom

Where destructive behavior is apparent such as a spouse totalling a car or trashing a spouse’ office

In cases…

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Can A Divorce Court Judge Force The Sale Of The Marital Home?

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By Robin Roshkind, Esquire, West Palm Beach, Florida

The answer is yes…if the parties cannot agree between themselves what to do with the marital home, the divorce court judge can order that the marital home be sold in the prevailing marketplace, and at fair market value, with the net proceeds, if any, split between the parties, as well as any dificiencies.  Usually the split is 50/50, but there are certain circumstances under which the divisionof net proceeds or dificiencies may be unequal.

For example, if the wife proves in court that the husband has spent substantial amounts of money on a paramour, or gambling habit, or drugs.  This is called marital waste or dissipation of marital assets.  Another example is where a spouse sold a home prior to the marriage and then used those funds to purchase the marital home, when the marital home sells, the spouse gets that premarital money…

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Divorce and the wedding gifts…who gets what?

Hot Topics in Divorce Blog

By Robin Roshkind, Esquire, West Palm Beach, Florida

I have some clients who just realized they made a mistake.  The marriage is only 3 months old, or one year old, or anything inbetween, making it a short lived experience.  The question becomes who gets what.

In short term marriages, generally there is no entitlement to alimony or attorneys fees, unless a prenuptial agreement says otherwise.    As far as equitable distribution of assets and debts goes, what  you come into the marriage with you go out of the marriage with…unless it is joint property.

Wedding gifts to either party is considered marital or joint property.  However, in short term situations, where the parties can reasonably discuss the fact that they rushed into something and made a mistake, then usually they can agree that the wife’s friends and family gifts go to her and the husband’s friends and family gifts go to him. …

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