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.

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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.

 

 

Who Should Be On Your Divorce Team?

By Robin Roshkind, Esquire, West Palm Beach, Florida
If you are going through a divorce, you have lots of experts giving you great guidance, advice, and opinions: your BFF, your next door neighbor who heard or saw all the fuss, your mother, your co-workers, your hairdresser.  But the team you really need on your side consists of professionals who are well versed in dealing with divorce issues.

You should first consider who you hire as a DIVORCE LAWYER.  Be sure there is a open line of communication and confidence, and no personality conflicts.  Second in line should be your SHRINK.   This professional will help you get through the stress and emotions of separation, divorce, and transitioning to an individual.  Next comes your FORENSIC ACCOUNTANT.  This team member is the number cruncher who traces money and assets, both obvious and hidden.  Then there is the PRIVATE INVESTIGATOR.  This professional tracks down a carousing, partying spouses, who may or may be spending substantial money on a paramour.  They also get the goods on drinkers and drug users.

Lastly, comes your KEY WITNESSES:  teachers, babysitters, friends with children who play with yours, medical professionals, or police officers who had to come investigate domestic violence, if any, and any other witnesses who can help your cause.

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 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.