Working the System! Motion for Continuance

Working the System! Motion for Continuance.

In Palm Beach County Courts, Custody Battles Are Ugly

by Robin Roshkind, Esquire, West Palm Beach, Florida

Divorcing couples can usually let a judge decide on an equitable split of marital assets and debts.  They can also agree in mediation to spousal support (alimony) and who will pay what household bills.  But when it comes to the parties’ children, neither the husband or the wife will admit they are “bad” parents.  So time sharing of the minor children can be a hotly contested divorce issue that a judge will have to decide.

If you are a parent who basically ignores homework, school plays, sports games, then you run the risk of less time with your children because it is what you do anyway.  If you are partying until dawn, drinking and driving, or have other personal issues, it is likely that you will have less time with your children, or even have supervised time sharing.  (No court wants a parent who has an alcohol problem to be driving children around.)

Watch out for text messages, emails, facebook and the like that can become damning evidence against you.  That is especially true if you send abusive messages to your children.  If you disparage the other parent to the children, this is another violation that is not tolerated by the divorce court judge.  Courts even have a name for it–  “parental alienation”.  Parents who are easily angered in the court room will also exhibit out of control behavior, and this, too, will not help your case.  For more information about how to initiate or defend a time sharing dispute over children, 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.

The Many Faces of Cheaters

By Robin Roshkind, Esquire, West Palm Beach, Florida

You caught your husband/wife cheating.  Now what?  You have two options.  Leave or stay.I hate to boil it down to such a simplistic statement because I recognize the frustration, confrontation, anger, disappointment, hurt, fear and even sometimes violence that results. The emotions of being betrayed are intense and heart wrenching.  What follows discovery of the cheating is either an admission of guilt or denial of same; then there is the blame game.  Or making light of a serious situation. Or remorse and apologies followed by useless promises.  No matter how you look at it, cheating causes marital trouble.

But here’s the big punch:  I am not just talking about cheating as being extra marital sex, adultery, affairs, or romances.  In addition to sex cheating, I am also talking about financial cheating; food cheating; chores cheating; gambling cheating; emotional cheating; alcohol or drugs cheating.  Think about it for a minute.  Some marriages have more than one!

These many faces of cheating can have serious and disastrous effects on a marriage.  Things like financial ruin,broken trust, abandonment, domestic violence.

If you find yourself to be the victim of a cheater, like I said before, you can either leave or stay.  If you stay, hope for change.  If you leave, your life is then under your control.

For more information about divorce in Palm Beach County, 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.

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.

 

 

“He Said She Said” Not Enough In Divorce Court

by Robin Roshkind, Esquire, West Palm Beach, Florida
After filing for divorce in Palm Beach County, it is mandatory that the parties exchange financial information by way of proof.  This helps to settle divorce issues like alimony and attorneys fees, child support and division of marital assets and debts.

Each party must provide to the other things like tax returns, bank statements, credit card bills, pay check stubs or income statements, mortgages, investment and retirement accounts and the like.  Both parties are required to disclose this information under Florida Family Law Rule 12.285, which is commonly referred to as the mandatory disclosure rule.  In most cases, the court requires going back one to three years with these statements.

The court views these statements as the back up data to a parties’ sworn financial affidavit, perhaps the most important document in any divorce.  A divorce cannot be granted without one.  Proof of income is used for child support calculation purposes; to show need or ability to pay alimony and attorneys fees.  Credit card and other billing statements show debt.  Investment accounts, mortgages, and deeds to real estate show lifestyle of the marriage and determine equitable distribution schemes.

The paper pile tends to grow but merely standing in court and testifying as to your need, or lifestyle or debt is just not enough for the divorce court judge.  Your allegations must always be backed up by proof.  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.