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.

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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.

 

Prenuptial Agreements Protect Children

by Robin Roshkind, Esquire, West Palm  Beach, Florida

No one likes to think someone is marrying them for their money.  Yet it happens all the time.  That is why a prenuptial agreement is such an important document.  Whether you are the “have” or the “have not” of the impending marriage, a prenuptial agreement accomplishes several things:

1.  It deals with your divorce before you get married…one out of two first marriages and 70% of second marriages end in divorce.  Enforceable prenuptial agreements make a divorce less expensive, less stressful and definitely quicker.

2.  It fleshes out the gold digger…if someone is, in fact, marrying you for your money unbeknownst to you, when the prenuptial is not too generous in the early years of the marriage, it will flesh out the gold digger.  They generally don’t like to wait for their “entitlements”.

3.  It protects the birthright of children from a previous marriage…prenuptial agreements address death provisions, and must be accompanied by testamentary documents such as a will or trust.  It provides for the children of the “have” and protects their inheritance from the new husband or wife.

4.  It gives some certainty to both parties.  The obligor knows what the obligation is and the obligee knows what the benefit is.  No legal game playing here.

Granted that prenuptial negotiations can be unromantic and contentious.  But if they cause a rift to the point where the marriage does not take place, consider yourself lucky that you dodged an emotionally and financially expensive bullet.  For more information about this or other family law 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.

Marital Settlement Agreements Are “Special” Contracts

by Robin Roshkind, Esquire, West Palm Beach, Florida

When you are going through the divorce process in Palm Beach County, Florida, you will have to go to mediation, prior to going to trial in the courtroom.  This is court  mandated, and gives a divorcing couple a formal way to settle out their differences by themselves, instead of having the judge dictate how the family will live from final judgment forward.

Marital settlements agreements become part of final judgments of divorce.  They are based upon both the husband and the wife fully disclosing all finances, separate and marital property, legal obligations and debt.  They equitably divide marital assets and debts, setting aside separate property, they provide for spousal support or alimony, and also set forth guidelines to follow for any children of the marriage.

That can include child support, time sharing, vacation time, grandparents rights, shared parental responsibility, health insurance, doctors visits travel and just about anything else.

After full disclosure and negotiations, if the parties can agree, they will sign a marital settlement agreement, freely, with full knowledge of their rights and obligations and with intent to be bound.  Marital settlement agreements are enforceable by the court as is any court order. For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, PA at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

Holidays are over…time for your future!

by Robin Roshkind, Esquire, West Palm Beach, Florida

It is time to think about your future…that is what New Year’s resolutions are right?  To lose weight, to make more money, to be nicer to the kids.  We all have unrealized expectations.  But you don’t have to stay in a bad marriage, and furthermore, you don’t have to wait for your spouse to do something about it first.  Take control of  your life, your finances, your future.

Speak to me or another divorce lawyer for INFORMATION.  Then you can make intelligent decisions about whether to stay or divorce.  If you take an affirmative step to control our own destiny, your future will fall into place.

For more information about divorces in Palm Beach County, Florida, call one of the lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com .

All I Want For Christmas Is A Divorce!

by Robin Roshkind, Esquire, West Palm Beach, Florida

It is on many couples’ wish list.  But several couples are afraid to admit it.  The marriage is over.  That’s harsh!  Especially during the holidays.  We don’t want to spoil it for the kids, the family, ourselves, etc.

But when the holidays are over, the left overs eaten, the tree out with the garbage, and decorations put away and the undesireable gifts returned, what do you have left but a broken marriage and being attached to someone you cannot stand.

Do something about it in the New Year.  Take a proactive role in your future.

For more information about divorce and divorce topics, procedures, laws in Palm Beach County, Florida, 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.

Can You Still Have Sex With Spouse While Divorcing???

by Robin Roshkind, Esquire, West Palm Beach, Florida

I am not a moralist…I am a Florida Bar divorce lawyer.  Legally speaking, you can have sex with whomever you want to.  Florida is a no fault state.

If you are in divorce proceedings, and are still having sex with your husband or wife, this just might make settlement EASIER.  Yes, EASIER.  You still have a commonality which obviously matters to both of you.  I am a lawyer, not a therapist.  And I am not suggesting you do this, but, as a lawyer, I don’t find it entirely bad.

Sex is communication.  Divorce settlements require communication.  You can connect the dots for yourself.  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.