If You’re In Abusive Relationship, Get Out Now

By Robin Roshkind, Esquire, West Palm Beach, Florida

Although I am a divorce lawyer in Palm Beach County, Florida, I often think I could have been a therapist.  In dealing with legal issues of divorce matters, I often counsel my clients to help them to feel better about their decision , because divorce is not easy under the best of circumstances.

If you think you are being abused in your marriage, your recourse is 1) to get counseling to fix the problem, or 2) get out before the situation escalates.  Here are some tips to determine whether or not you should file for divorce immediately:

1.  If your spouse isolates you from friends and family.

2.  If your spouse is verbally demeaning, puts you down in front of people (even your children),  ridicules you, constantly critisizes at every turn, you can never do anything right,  bullies you, or purposely embarrases you.

3.  If your spouse blames everyone (mostly you) for all of his/her bad fortune.  It’s never his/her fault.

4.  If your spouse is jealous of you, what you do, who you are with, your time away from him/her.

5.  If you have a parent/child or master/servant relationship and you are the child or servant, you are being abused.

6.  If your spouse threatens you with leaving, hurting you or your children, cutting you off financially, or uses fear to control you, time to flee.

7.  If your spouse is an addict of any kind, i.e. illegal or prescription drugs, alcoholic, sex, shopping, gambling, internet surfing, or any other addiction, it is at YOUR expense emotionally.

8.  If you catch your spouse cheating on you or spying on you.

9.  Of course physical violence is the holy grail of abusers.  Get out while you still can before anyone gets hurt.

For more information about 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.

Can A Judge Deny A Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

You have filled out all the papers, taken hours to compile documents, and now you want to go get divorced.  Can a judge deny the divorce?  The answer is yes.

The first reason is improper notice to your spouse.  If your spouse was not properly served with divorce papers, or had not signed a waiver of service of process, then the divorce will be denied for improper notice to your spouse.

If there is a child involved in the break up of the marriage, and the child support obligations are not within the statutory guideline amount, the judge can deny the divorce.

If there is no parenting plan for time sharing, the judge will deny the divorce.

If there are no financial affidavits in the court file, and proper exchange of financial documents called mandatory disclosure  has not been done, the judge can deny the divorce.

If the parenting class has not been completed by both parties, the judge can deny the divorce.

There are a host of other reasons why a judge can deny the divorce.  However, the denial is “without prejudice” which means that the reasons for denying the divorce can be fixed and the parties can come back to court once that is accomplished.  

If you are planning to get divorced in Palm Beach County, Florida, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 for more information or click on the Firm’s web site at www.familylawwpb.com for more information.

How Long Will My Divorce Take?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Divorces are like people…each case is different.  But I can give my clients some guidelines as to how long it will take to get a divorce, based upon the facts of the marriage and the personalities involved.

If both parties want the divorce, obviously it will go quicker than if one spouse wants it and the other does not.

If someone is motivated to cooperate, it will go quicker.  For example, if a spouse wants to remarry fairly quickly.

If both parties have been already living separate and apart, chances are the divorce will be on the fast track.

If there is nothing substantial to fight over, in terms of assets, debts or children, the divorce will be fast.

So what does this mean…normally, when a petition for dissolution of marriage is filed and served, the recipient has 20 days to respond.  He/she can respond on day 1 or day 19.  After that, financial affidavits must be filed.  That can be done also within days.  If parties cooperate, a divorce can be done in less than a month.

Other divorces are more complex, leaving the parties with minutia to fight over.  These types of litigious divorces can take as long as several years to complete.  Every step of the way may require a court hearing, in terms of motions to compel, motions for protective orders, motions to set mediations, depositions or other hearings and no one agrees to anything.

So depending upon your circumstances, divorces can be completed in as little as 4 weeks or as long as three years. If you are thinking about getting a divorce in Palm Beach County, talk to 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.

PLANNING YOUR DIVORCE for the new year.

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are unhappy in your marriage, but are not sure what to do, chances are you will stick it out as a family until after the holidays.  BUT NOW is a good time to plan your exit strategy.  While your spouse is out shopping with the kids, or visiting Mom’s house, start photocopying everything you can get your hands on:  income statements, pay stubs, credit card bills, bank statements, loan documents, mortgage papers, retirement accounts, real estate listing agreements, titles to cars, boats, trucks, household expense accounts, investment statements, everything that will show ASSETS, DEBTS, OR INCOME.

Divorce planning is important because it helps you sort out the details of your marriage…this is useful when you go to the lawyer for the consultation.  It gives everyone a better idea of what is at stake and what the issues are to be addressed.

Job changes, job loss, sale of property, Christmas bonuses, year end commissions, relocation, new school districts, are all considerations that need to be looked upon by your lawyer.  You can help your lawyer to better serve you if you have all the right information going into the consultation.  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 www.familylawwpb.com for more information.

40 Tips for Surviving Your Divorce

By Robin Roshkind, Esquire, West Palm Beach, Florida

I have an ebook available to you which covers the issues divorcing spouses will have to consider.   It covers topics such as alimony and child support, division of property, insurance issues, tax issues, negotiation and settlement, retirement plans, temporary support, children’s issues.  There is also a discussion of modifiable and non-modifiable alimony, capital gains on the marital home, valuation of household goods, stock options, and a full discussion of retirement plans and qualified domestic relations orders (QDROs).   

For more information call to consult with one of the attorneys at Robin Roshkind, P.A. at 561-835-9091, or go to the Firm’s website at www.familylawwpb.com and click on the “order ebook” button on the right.  The entire booklet is download-able.