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.

Not Obeying Court Orders

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are divorced, you have a court order that either directs you or your spouse to perform certain obligations. This can be the payment of child support and/or alimony, making mortgage or rent payments,  executing a quit claim deed, or transferring property or other tasks.

If you are charged with the obligation, and willfully do not do what you are supposed to do, you may suffer the consequences of contempt of court, that being substantial fines or incarceration.

If you are the recipient, and you do not receive what you are entitled to under the court order, it is up to you to take affirmative legal action by filing a motion for enforcement or contempt.

in that event the parties will have to go to an evidentiary hearing  and present evidence and testimony.  For more information about this or other divorce topiplea all one of the divorce a lawyers at Robin Roshkind, P. A. At 561 835 9091, or click on the Firm’s web site at http://www.familylawwpb.com.

“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.

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.

You And Your Divorce Lawyer…

by Robin Roshkind, Esquire, West Palm Beach, Florida

You and your divorce lawyer have a special relationship. First, anything conveyed to your lawyer, in writing or verbally, is confidential.  This includes any communications with any of your lawyer’s staffers as well.  Your lawyer is there to advocate for your position and hold you out in the best light possible under the facts of the matter.

Your lawyer knows divorce law in your jurisdiction.  You must listen and follow his or her advice.  That is what you are paying for…your lawyer’s time, skill set and expertise.

Speaking of paying, be sure you keep current with your bill.  Your lawyer will stay on and continue to represent you, as long as the legal fees are being paid.  The reverse is true as well.  If for some reason you do not pay your lawyer, the judge most likely will let your lawyer withdraw from representing you.

You must cooperate.  If you are supposed to produce documents, don’t be your own worst enemy, or your lawyer’s, by not producing these items in a timely manner.

Lastly, if you are not sure about something, call for a meeting with your lawyer.  It is much better to have an open discussion than remain in the dark and not understand what is going on that involves your future.  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 Is Temporary Relief In Divorce Actions In Florida?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Temporary relief can be obtained by agreement of the parties that is reduced to a court order, or by a mini trial before the judge in Palm Beach County Family Court.  The issues to be decided in temporary relief are primarily support and time sharing with children.  Support includes temporary alimony and child support, especially if a spouse has cut you off.   Division of assets and debts is not generally a temporary relief issue unless marital assets need to be partially distributed to pay the attorneys.

Temporary relief is a mini trial that occurs AFTER a mediation in an attempt to settle the issues of temporary support and time sharing.  Child support, alimony, time sharing and attorneys fees are the main temporary relief issues.  Other temporary relief issues can include who pays for which household bills, credit cards,  and medical expenses and insurance during the divorce proceedings.

Temporary relief hearings may include the testimony of the parties and CPAs who testify as to the need of one spouse for temporary relief and the ability to pay by the other spouse.  For more information about this or other divorce topics call one of the divorce lawyers at ROBIN ROSHKIND, PA at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.