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.

During A Divorce, How Do Husband’s and Wives Communicate?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In the divorce process, there is alot to discuss:  what will be the living arrangements pending the proceedings; how will the family finances be managed; what happens to the kids.  Sometimes divorcing couples can work things out.  Sometimes the answers to questions are met with “talk to my lawyer”.

Theoretically, the husband and wife have a obligation to talk to each other ONLY where the welfare of their children is concerned.  Pick up and drop off at school, homework, dentist visits, after school activities, are ok to be discussed between husband and wife if they can be civil.  Division of division of household furniture, paying off credit card bills, making the monthly mortgage payment, who is going to take the dog to the vet and pay for it, those types of conversations are best had between counsels.

It is not appropriate for the husband to discuss issues with the wife’s attorney if he is represented by an attorney himself and vice versa.  Where attorneys are representing the parties, these financial issues and more are best left to discussion between attorneys so they keep informed about what is going on and can better advise their clients.

If you are thinking about getting divorced in Palm Beach County, Florida, call one of the divorce attorneys 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 Pre Nuptial Agreement Have “Kid Provisions”?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Pre nuptial agreements usually have provisions that cover what happens if the parties divorce, or one of the spouses dies.  These agreements only go into effect from the date of the wedding.  These agreements MUST be in writing,  negotiated and executed by the parties at least 30 days in advance of the wedding to assure enforceability and withstand challenges.

Pre nuptial agreements can state things like what happens if one of the parties pays for household furniture, a big screen TV, purchases a vacation home, earns a substantial amount of money from a job or investment, etc.  Most pre nuptial agreement terms deal with property acquisition or sale, incomes, assets, and the like.  They can also have provisions such as no smoking indoors, sex only once a week,  you must wear a tie after 6pm on Saturday nights and other demands, as long as the parties agree and as long as there is penalty for breach of the agreement.

What a pre nuptial agreement cannot do is govern children.  Pre nups cannot state who will get custody if the parties divorce, how much child support the husband shall pay to the wife, or vice versa, what a visitation schedule will be, where the child shall live, go to school,  and things like that.  Anything to do with children must be decided at the correct time and in the best interests of the child.  Kid provisions are always modifiable according to the child’s needs at the time.  The parties can agree or the court will set the best interests standard.  However, a pre nuptial cannot state the terms of child rearing and be enforceable.  If you are getting married in Palm Beach County, Florida, call one of the family law attorneys 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 Type Of Divorce Will You Have? Part 3 With Children

By Robin Roshkind, Esquire, West Palm Beach, Florida

When a couple has children, that makes any divorce that  much more difficult.  There are a host of additional issues to consider including child support, time sharing, travel expense, shared parental responsbility, health insurance, medical and dental issues,  schooling and extra curricular activities, clothing and equipment, homework, special needs children, tax benefits, computers, cell phones, religion.

Because of the amount of issues existing when it comes to children,  it is highly unlikely that a couple will agree to everything without legal or psychological assistance, or court intervention.  In my practice,  I have settled many cases involving children.  But it is not an easy feat.

Parents needs to realize that they are basically joined at the hip even after they move out and on with their own lives.  They ideally should have a united front so that the kids don’t play one parent against the other.  But often parents do  themselves in trying to be the “preferred” parent.  This can set the tone for many years to come.   How you and your spouse handle the ” kid issues” will determine what type of divorce and future relationship you will have.

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

If You Are Divorcing With Children …Many Issues to Consider

By Robin Roshkind, Esquire, West Palm Beach, Florida

Divorce is tragic enough because it is the result of a failed marriage where two people once saw a future together.  But when there are children involved, it makes divorce much more difficult.  Adjustments to family life and single life are harder.  There are more issues to consider.  Emotions run high.

Below is a check list of things to consider if you are divorcing with children in the picture:

1.  Finances and child support…household budgets.

2.  Time sharing allocations to Husband and Wife.

3.  Logistics as to time sharing with reference to travel expenses, children’s clothes, air fares, gas, long car rides, a safe car; who will pick up, who will drop off, when and where.

4.  Health of the child: prescription medications, food alergies, sports injuries, emergency care.   Following directions to administer medicine as needed. 

5.  Health insurance for children must be provided by the parent most able to do so.

6.  Education of the children…where will they go to school; private or public school and religious training.

7.  Extracurricular activities of the children…who will pay for uniforms, equipment, and travel.

8.   Unfit parent issues like drug abuse, alcoholism, irresponsibility.

9.  Parental alienation issues where one parent disparages the other causing the children to react negatively to that parent.

10.  Outside relationships and children…kids going through a divorce should not be exposed to a boyfriend or girlfriend of a parent too soon in the process, as it confuses children and causes feelings of disloyalty to parents and guilt.

This list could go on and on.  Sometimes if children are having difficulty adjusting, they need to seek counseling.  One parent may approve, and the other may not, in which case you need court intervention.   With so much to consider when there are children and divorcing parents, it is best to seek the advice of your divorce lawyer, because each case is different…each family’s needs are different.

If you are thinking about divorcing in Palm Beach County and you have 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 www.familylawwpb.com for more information.

Divorcing Parents of Special Needs Children Have Additional Issues To Deal With

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are a divorcing parent of a special needs child, you know that you face additional challenges in time sharing, expenses for the child, and work related schedule changes.

The parent who is the primary caregiver of a child with autism, ADHD, birth defects, mental health issues, or who is otherwise a chronically ill child,  has special needs of their own that are unique to caregivers in these situations.  For example, the caregiver parent has to arrange his or her work schedule around the child’s counseling, physical therapy, and babysitting.  The parent who is the child support payor has got to recognize that a special needs child comes with additional expenses such as medications, special tutorials, classes and day camps. 

The child support guidelines and Florida Statutes take into account a deviation from them for a special needs child.  But what Florida laws do not directly take into account is the special needs of a caregiver/parent of a special needs child.  If you have effective counsel, he or she will present the case in its totality of the situation when going to court for child support, alimony and deviations of the child support guidelines.  For more information on this or other divorce topics, consult with one of the attorneys at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more information.

When Does Your Child Need An Attorney?

By Robin Roshkind, Esquire, West Palm Beach, Florida

You are going through a divorce and your and your spouse cannot agree.  Well that is why you are splitting anyway.  But it is more severe than that.  You have a child or children and don’t know how to deal with them.  When one or both parents are adversarial to the child, the child may get an attorney of his/her own to advocate for the best interests of the child.  For example,  if the parents wish to invade a trust for the child,  in protecting an inheritence, college fund, separate bank accounts from either or both parents, an attorney is needed for the child.  It is usually where one or both the parents wish to claw back monies given to the child over time or by inheritence and the child’s interests are threatened that is when a child needs their own attorney.

The court will direct which parent or both will pay for these legal services.  If the child has big assets, it may even come from the child’s own funds.  For more information about this or other divorce topics 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.

What Is A Parenting Coordinator?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The courts have a job to do in divorce…sure the judge rules on the split of assets and debts…but more importantly, the judge’s job in divorce court is to protect children of the marriage.  There are several ways to do this and one way is to use a parenting coordinator.

This is a specially trained social worker or psychologist graduate who works with parents to smooth over time sharing issues.  The parties can turn to this third person, if and when there are problems with pick up and drop off of children, after care programs, supervision for parents with their children, domestic violence issues and so on.

Working with a parenting coordinator helps parents who cannot deal with each other easily, or who have a tendency to use children as pawns to get to the other parent.   Parenting coordinators generally do not work with the children themselves.  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.