Time to Divorce is After the Holidays

By Robin Roshkind, Esquire, West Palm Beach, FL

Some folks still do it the old fashioned way…that is, staying together for the sake of the kids.  With the holidays having come and now gone, those who were unhappy, fighting, and miserable, during the holidays, and staying together just for the kids…now is the time to divorce!

Get your act together.  Find out about the family finances.  Get copies of those bank statements and credit card bills from 2014 and bring them in to see me.  The time is now.  By the end of January, it becomes tax preparation time.  You will have to gather financial information anyhow, so your spouse will not suspect you are preparing for divorce.  Keep it quiet until you get all your ducks in a row.  Preparing for a divorce is like being a private eye.  You need to set up before you do anything.

For advice on what will be needed or what your rights are, call or come in for a consultation.  You don’t have to take it anymore.  The holidays are over and it’s time to move forward.  See our web site at http://www.familylawwpb.com or call today for more information 561-835-9091.

Divorce, Kids and Christmas

By Robin Roshkind, Esquire, West Palm Beach, Florida

Divorce is complex enough when there are children invloved, but it can get very stressful around holiday time.  Chances are this is the first time a divorcing couple truly has to share the kids.  There is only one Christmas Eve and one Christmas Day.  The obvious dispute is who gets what time sharing.

This becomes especially challenging when parents live far apart from each other or in different states.  The logistics get in the way.  Also, it may e too early in the divorce proceedings for there to be a court order.

The best way to handle holiday time sharing is by agreement of the parties.  If that is not possible even on a temporary basis, then court intervention will be necessary.   Remember, if an agreement is possible to somehow split the holidays, put it in writing and have booth you and your spouse sign.  For more information a bout this or other divorce topics call one of the divorce lawyers at 561 835 9091 or click on the firm’s web site at http://www.familylaw.com for more information.

BAD MARRIAGES GET WORSE DURING THE HOLIDAYS

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you’ve married for love and the love has run out…or you married for money and the money has run out, changes are, you and your husband or wife are not the happily married couple everyone thinks.  With the holidays upon us, it can be especially difficult to keep smiling and pretending.

There are all sorts of marital stresses during the holidays.  First, consider the now very common blended families.  Children and ex spouses from another lifetime suddenly appear at your dining table.  Time sharing squabbles, airline delays, and disputed schedule changes are hard enough, but during the holidays, they all seem to magnify.

Second, consider the family budget. With the current state of the economy, holiday spending is a hot topic of dispute.  Even something so simple as when and where to shop can become major wars in a household already on edge.
Third, no rest for the weary takes the place of sexual intimacy in front of the fireplace.  Forgive me for being a grinch, but let’s get real here.  You do have a house full of people, right?

Lastly, closing out the year and having high hopes for the new year causes one to reflect.  Like those new year’s resolutions, if divorce is one of your aspirations, I am here to help get you through.  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.

Who Has To Move, Him Or Her?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Many couples going through a divorce  just don’t have the funds for separate residences.  It is cheaper (not easier) to stay under one roof, until the divorce is final and the issue of the marital home is decided by the judge or agreed to by the parties.

For those couples  lucky enough to have assets, or those in two income families, it is easier (not cheaper) to live separately and apart pending divorce proceedings.  So how do couples decide who shall stay and who shall go?

First, you don’t lose your marital rights to the marital residence merely by moving out, if your name is on the deed or on the lease.  The remaining party has no right to change the locks unless by agreement of the parties or court order.

Secondly, if there are children, it is understandable that they are going through enough changes during divorce.  They should remain, if at all possible, in a stable home environment.  So who is going to be the parent who will be or continue to be the major caregiver?    It is that parent who should stay, as it is in the best interests of the children.

On the other hand, there are cases whereby only one of the parties can afford to pay the mortgage, maintenance, insurance and taxes.  That is the party who should stay.  The other should go, with or without children in tow.

In cases where neither party can afford the mortgage or expenses of the marital home,  both should move out and rent the home or keep it as an investment property, or you both agree to list the house for sale and stay until it sells.

Lastly, where a home is in foreclosure or short sale status, you both should work it out to stay, because that is in both  your best interests.

In some cases, both parties want the home or neither husband nor wife wants the home.  Every case is different.  If the spouses cannot agree, the divorce court judge will decide for you both.

 

 

What Does A Quit Claim Deed Do?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In divorce settlement cases, we often use a legal instrument called a quit claim deed to convey real estate between married couples getting a divorce.  The facts are as follows:  Either the husband or the wife decides/agrees to convey his/her interest in the marital home (or any other real estate) to the other party.

For example, let’s just say the husband is going to take a job offer out of state.  He is willing to convey his interest in the marital home , while concurrently, the wife will refinance the mortgage to remove his name from the liability and provide him with a buy out check for his half of the market value of the home.   In this example, the quit claim deed awards the wife the home in its entirety while the concurrent refinancing removes the husband from the debt service and provides cash for his share.

In cases where refinancing is not possible, due to no equity in the home or the wife in this example does not otherwise qualify, then the lawyers will hold the quit claim deed in escrow until such time as there is a refinance.  Quit claim deeds are instruments of conveyance of real estate, and should be recorded in the property records department in the jurisdiction where the property is located. 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.

 

You’ve Gotten A Divorce But You’re Still Stuck With Your Ex?

by Robin Roshkind, Esquire, West Palm Beach, Florida

One advantage certain couples have, is that once the divorce is final, both parties can go their separate ways without interference from the other.  They never have to see each other again; they never have to talk to each other again… about anything.  That is unless they are sharing a business,  a dog, or children.

If a divorcing couple has any of the above, they are in it together for the next number of years until the children reach the age of majority, the business folds or is bought out, or the dog dies. Along with child support, shared parental responsibility and time sharing, which keeps the two of of tied together,  the focus today is on co parenting.

Co parenting can be very difficult, especially if the former husband and former wife just don’t see eye to eye.  An exaggerated example: The kids get to eat candy in one home, while in the other they are forced to do homework.  This is an example of a typical dilemma co parents face all the time: different co parenting styles.  The best advice is to live and let live, unless there is some detriment to the children.  Pick your battles wisely.

Even so, children hone in on certain things, and usually can figure out how to play one parent against the other.  Remember, you are the adults.  You should wise up to this ploy and work together for the best interests of your children.  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 You Change A Marital Settlement Agreement Once It Becomes A Court Order?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Yes.  A marital settlement agreement and court order of divorce can be changed by AGREEMENT OF THE PARTIES or by COURT ORDER.  A court order will be the result of a PETITION FOR MODIFICATION OF FINAL JUDGMENT.  It has to be based upon a substantial, material change of circumstances.  You would have to prove such a change requires a modification at the POST DISSOLUTION TRIAL.

However, there is an EXCEPTION…once property and debts are divided in divorce court, or even by agreement of the parties, that part of the final judgment is a done deal.  Spousal support (alimony) and children’s issues (time sharing, child support) can be modified.  Division of assets and debts cannot.

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.