You’ve Gotten A Divorce But You’re Still Stuck With Your Ex?

by Robin Roshkind, Esquire, West Palm Beach, Florida

One advantage certain couples have, is that once the divorce is final, both parties can go their separate ways without interference from the other.  They never have to see each other again; they never have to talk to each other again… about anything.  That is unless they are sharing a business,  a dog, or children.

If a divorcing couple has any of the above, they are in it together for the next number of years until the children reach the age of majority, the business folds or is bought out, or the dog dies. Along with child support, shared parental responsibility and time sharing, which keeps the two of of tied together,  the focus today is on co parenting.

Co parenting can be very difficult, especially if the former husband and former wife just don’t see eye to eye.  An exaggerated example: The kids get to eat candy in one home, while in the other they are forced to do homework.  This is an example of a typical dilemma co parents face all the time: different co parenting styles.  The best advice is to live and let live, unless there is some detriment to the children.  Pick your battles wisely.

Even so, children hone in on certain things, and usually can figure out how to play one parent against the other.  Remember, you are the adults.  You should wise up to this ploy and work together for the best interests of your children.  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.

Advertisements

What Is A Complex Divorce?

by Robin Roshkind, Esquire, West Palm Beach, Florida

A complex divorce is one in which there are many issues to resolve and the Husband and Wife are anything but agreeable.  It could involve many real estate properties, tax issues, a privately held corporation or several closely held businesses, marital assets in several states, trust assets, split siblings or special needs children, assets or businesses that need valuations, and supplemental issues including vocational studies, custody battles, an unfit parent, off shore bank accounts and the like.   Complex divorces can also include bad behavior including adultery and the dissipation of marital assets due to outside relationships, gambling, drug or alcohol use or uncontrollable shopping or other mental health issues.

The more complex the marriage, the more complex the divorce.  The more a couple has to fight over, generally the more complex the divorce.  This type of divorce usually turns ugly and requires the use of a divorce team.  This team includes psychologists or psychiatrists, appraisers, private investigator, real estate agents, CPAs, estate planning attorneys, corporate attorneys, tax attorneys, and of course the divorce lawyer.   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.

How Do The Wealthy Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

As the expression goes, the rich ARE different…and so are their divorces.   First, there is much more money available to spend on divorce lawyers.  Secondly, there is more to fight over.  Thirdly, spouses have a holier than thou mindset, with the wives being a lot more savvy than the rest of the world’s wives.  That’s  highly likely how they got here in the first place.

But perhaps the biggest difference in divorces amongst the rich, is the prenuptial agreement.  It is generally air tight, often challenged, and to no avail.   If you have assets, or are marrying someone who does, don’t get married without one.

Prenuptial agreements can control almost anything between the parties, from the amount or type of sex the couple will have to who will walk the dog at night.  The  exception is children’s issues.  That is entirely up to the courts.  And based upon the best interests of the child at the specific time.   But for everything else, the prenuptial agreement sets forth the terms of  marriage and divorce up front and without mistake.  And at least 30 days before any wedding.  If you are considering marriage or divorce in Palm Beach County, call one of the divorce lawyers at ROBIN ROSHKIND, PA first, at 561 835 9091 or click on the Firm’s web site at http://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.

What Should Happen To The Family Pet?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Famly pets are not people.  Dogs, cats, birds, mice, and whatever else you may have at home that lives, breathes and eats, are viewed under the law the same way that your kitchen table is viewed…that is as chattel or in English, property.  In divorce, someone will get the kitchen table, and someone will get the sofa.  Someone, too, will get the family pet.

Usually, a dog, cat or whatever, will go where the children go.  Pets like children will be shared.  But not by court order.  Let’s say a couple does not have any children but has a very expensive French poodle.  The parties themselves can AGREE on time sharing with the pet, if appropriate.   The judge, on the other hand, will value it and place it as an asset to one or the other of the divorcing parties.

It is not any easier where things come in pairs, like two French poodles.  You may be able to agree to split them, but that defeats the purpose of having two.  If the parties cannot agree, the judge will lay down the law.  For help with this problem or other divorce issues, 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.

Fighting over the family pet in divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Pets are people too, but NOT according to the law in the State of Florida.  When a family in transition is splitting up the bank accounts, home furnishings and deciding who is to get the fine china and who is to get the big screen tv, the family pets need to be addressed just as if they were a piece of furniture.  Since you can’t divide a dog or cat in half, either the husband or the wife will keep the pet.

Pets are viewed under the law as chattel, or possessions. It is not like a custody issue with visitation afforded the non custodial parent.  However, as an attorney, I have done divorces where the marital settlement agreement signed by the husband and wife, states that the parties agree to some sort of visitation schedule with the family pet.  This is enforceable under contract law, not family law. 

So if you have dogs, cats, horses, or any other family pet, usually the pets go where the children go.  If there is a dispute, the judge will determine the issue for you.   For questions about this subject, consult with one of the attorneys at Robin Roshkind, P.A. by calling 561-835-9091 or click on the ROBIN ROSHKIND, P.A. website at www.familylawwpb.com.