What If You Want To Reconcile During Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are in divorce proceedings, and you want to reconcile, or you change your mind, in order to stop the process, your spouse has to be on the same page as you are.  If you filed a petition for dissolution, you can do a voluntary dismissal.  However, if your spouse has filed an answer and a counter petition, he/she also has to do a voluntary dismissal to stop the divorce proceedings in court.

Reconciliation is possible at any step in the process.  Let’s say you have already signed a marital settlement agreement.  The agreement is valid, the rights and obligations need to be adhered to, but a divorce does not have to be sought.  Just divide up the property and debts, and continue with the marriage.  Or modify the agreement to something else, given your new situation.

The point is, that in reconciliation, it has to be done by both of you.  If one person wants to continue through to divorce, reconciliation is not possible.  Counseling and therapy are good ways to ascertain whether you and your spouse are in agreement concerning reconciliation.  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 for more information.

Can A Divorce Court Judge Force The Sale Of The Marital Home?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The answer is yes…if the parties cannot agree between themselves what to do with the marital home, the divorce court judge can order that the marital home be sold in the prevailing marketplace, and at fair market value, with the net proceeds, if any, split between the parties, as well as any dificiencies.  Usually the split is 50/50, but there are certain circumstances under which the divisionof net proceeds or dificiencies may be unequal.

For example, if the wife proves in court that the husband has spent substantial amounts of money on a paramour, or gambling habit, or drugs.  This is called marital waste or dissipation of marital assets.  Another example is where a spouse sold a home prior to the marriage and then used those funds to purchase the marital home, when the marital home sells, the spouse gets that premarital money off the top before a distribution.  In other words, where the case calls for an unequal split of the  marital estate, the net proceeds or dificiencies from any sale of property may be less than equal.

There are several other ways in which a marital home can be dealt with in divorce court.  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.

Pre Nuptial Agreements and Divorce…Do They Stick?

By Robin Roshkind, Esquire, West Palm Beach, Florida

I get this question all the time in my practice…is my prenuptial agreement enforceable, now that I wish to divorce?  The answer is it depends upon the circumstances in which it was agreed upon.

The initial test is how long before the wedding was the prenuptial agreement negotiated and executed?  If was less than 30 days, there could be a duress claim.

Did both parties have representation by lawyers?  If one party had a lawyer and the other didn’t, there could be an over reaching claim.

Was there truthful and full disclosure of finances on behalf of both parties?  You need to know what rights you are waiving when you waive rights via a prenuptial agreement.  Also, full disclosure avoids a claim of fraud.

Did the parties read, understand and agree to what they were signing with full knowledge and intent to be bound?  Everyone should read and understand what they are agreeing to.

Is there any language barrier?  This goes to the last point of reading and understanding the prenuptial agreement.

If there is any doubt about the above points, a prenuptial agreement can be challenged and perhaps voided.

Prenuptial agreements control what happens to your future.  They are expensive to prepare and sometimes require the expertise of tax advisors and estate planning counsel as well as divorce counsel.  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.

Can You Talk To Your Spouse During Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Can you talk to your wife or husband while divorce proceedings are ongoing?  The answer is, it depends.

Normally if both parties have divorce lawyers involved, it is best to talk to your lawyer and have your lawyer talk to your spouse’ counsel.  That way, nothing falls through the cracks…there can be no misunderstandings…and issues get documented.    Granted, this runs up your legal bills, but it is better to let the lawyers handle it and also be the fall guys.

Certainly, if there is mental or physical abuse, a paramour involved, vindictiveness, anger, mental health issues of either or both parties, or any kind of stress between the two of you, ALWAYS talk to your lawyer and not your spouse.  On the other hand, if you and your spouse are amicable, you can talk to your spouse, but be sure to document the conversation, and inform your lawyer of any conversations.  On no account are you to sign any agreements, even if on a cocktail napkin, without your lawyer’s approval. 

In normal cases, spouses are directed to communicate with each other regarding the children but nothing else. 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 for more information.

What Is An “Amicable” Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are getting a divorce, it is because you have serious marital problems and the marriage is failing…usually over money or sex.  Other factors include drug or alcohol use, abusive or violent behavior, in laws or step kids issues…there are a host of factors that put stress on a marriage.  So how, you ask, can a divorce be “amicable” when you are fighting like cats and dogs in the normal course.

“Amicable” divorce actually means that both parties are on the same page when it comes to getting the divorce.  There are no surprises, such as the case where the Wife had no clue that the Husband was out the door, or the discovery of infidelity.  The Husband and the Wife both realize together that  it is time to end the relationship.  That is the threshold question.  Then they both agree to try to call it quits in a civil manner.   In amicable divorces, the parties agree to attempt to agree.  The result is a collaborative, cooperative effort to getting the job done, and it is sometimes called a collaborative divorce.  The end result is a global settlement of all the divorce issues in that particular marriage. 

Amicable divorces are the preferred of the species, because it relieves the family of severe stress, burdensome attorneys fees, and a long drawn out litigation.  Choosing the right lawyer is all important, because if there are substantial marital assets, lawyers stand to make more money from prolonged litigation.

If you are getting divorced 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 www.familylawwpb.com for more information.

Divorce Is A Very Confusing Time

ByRobin Roshkind, Esquire, West Palm Beach, Florida

During divorce proceedings, some people remain living together and others separate.  In either case, it is difficult to tell people how to behave toward each other.  Should you be cordial if you run into each other at the grocery store or at a party?  Should you check in to let the other person know what time you will be home?  Should you fill up the cars with gas like you always used to do?

Aside from the legal aspects of the divorce, and the ongoing household bills and conversations about the children, how one conducts oneself is often debateable.  In my divorce practice, we settle more than 70% of our cases.  So where the husband and the wife are still residing together, I often tell my clients to be calm,  cordial and business like.   This helps with settlement negotiations.  Leave the emotions out the front door if possible.  Surprisingly, many couples can do this, because they have lived together for so long under undesireable conditions, that by the time they are in divorce court, they both just want to get it over with. 

Dating and telephone calls, messages and texting from outsiders is another area of divorce etiquette that is really up to the individual parties as to how to maintain them.   One thing is for sure:  if you want to amicably settle divorce issues, don’t purposefully embarass your spouse.  Don’t intentionally aggravate human emotions of jealously, rivalry, territorial instincts, abandonment and the like.  It is easier to settle a divorce case without stirring the pot.

If you are thinking about getting divorced 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 www.familylawwpb.com for more information.

Contract Law and Divorce Lawyers

By Robin Roshkind, Esquire, West Palm Beach, Florida

Many people don’t realize the amount of knowledge a divorce lawyer must have in order to effect  justice between the Husband and Wife in divorce court.

Often times, a divorce lawyer has to be well versed not only in FAMILY law, but also in TORT law, CRIMINAL law, and CONTRACT law.   Family law encompasses what is in the best interests of the child/ren, name changes, relocation matters, child support and time sharing between parents;  tort law comes into play when there is spousal abuse, physical injury, spread of disease between husband and wife; criminal law addresses stolen or damaged property of one spouse by another, violence, rape, battery and the like. 

But divorce lawyers also deal in contract law in terms of effectuating a valid, enforceable, marital settlement agreement between the parties,a division of assets and debts, future real estate arrangements, partnerships without the marriage factor.  Contracts can only be valid and enforceable if they are fairly negotiated, fully understood, and freely agreed to under controlled circumstances.   That is why in my practice, I go through a marital settlement agreement with my clients a page and paragraph at a time for an extra layer of protection.   In high asset or complex divorce matters I video tape the actual signing of these documents.   The other party always has the opportunity to challenge an agreement but the real issue is whether or not he/she will prevail.  I do everything possible to prevent a winning challenge to these contracts.

If you are thinking about getting divorced in Palm Beach County, Florida, or know someone who is, 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 I Keep My Ring?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Many married couples exchange gifts during the marriage.  But what they don’t realize, is that in divorce court, all these “gifts” between spouses become  marital.  This means that the recipient spouse can only keep ONE HALF of the value of the gift.

For example, let’s say a husband has presented a wife with various pieces of jewelry over the course of the marriage.  Let’s also say the appraised value of all the pieces comes to $100,000.  In divorce court, the wife may keep all her jewelry, but the husband should receive $50,000 worth of some other marital asset to equalize the distribution of marital assets.   In cases where there are no other marital assets, the wife in the above example would have to return one half of the jewelry to the husband  or sell it and provide the husband with the $50,000 or one half of his share of the marital assets.

The moral of the story is that “gifts” between spouses during a marriage are not totally belonging to the recipient of the gift.   However, one caveat, is that an engagement ring is pre marital and belongs to the recipient spouse in its entirety.   If you are thinking about getting divorced 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 for more information.