How To Correctly “Time” Your Divorce

How To Correctly "Time" Your Divorce.

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Working the System! Motion for Continuance

Working the System! Motion for Continuance.

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.

“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.

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.

If You Want Rights, Get Married!

by Robin Roshkind, Esquire, West Palm Beach, Florida

I received an inquiry from a potential client who had been living with a man in a “marriage like” relationship for more than 20 years.  They had two children and lived in a nice house in Palm Beach Gardens.  From  outside, they appeared to be a happily married couple.  However, the relationship tanked when the “husband” met someone new and asked the “wife” to make “other arrangements”.  She came to me to ask what her rights are.

Unfortunately, the “husband” and the “wife” were not; further, there is no common law marriage in Florida. Additionally, there was no written cohabitation agreement for unmarried people living together long term.  There was no legal obligation for the man to voluntarily continue to support her or children that are over the age of majority.  In short, this woman was you know what.

For those among you who want legal rights, it is best to have a legal marriage.  That legal entity protects a partner from the scenario above.  If marriage is not possible, then a written cohabitation agreement is the only other alternative for protection.  For more information about this or other 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.