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.

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Liars, and Cheaters and Fraud…Oh My!

by Robin Roshkind, Esquire, West Palm Beach, Florida

I once heard a divorce court judge address a courtroom full of lawyers, husbands and wives, court reporters and spectators, and what he said will never leave my memory…he said something to the effect that, this is divorce court.. everyone is lying.

Appraisers can place valuations of heirlooms to real estate to benefit the party who hires them…accountants can make the numbers say anything they want to…lawyers can interpret statutes and case law from their ownone sided  perspectives…financial affidavits of husbands and wives generally and regretably leave something off the asset column.  One can conclude divorce court is not an exact science.

So how do you reconcile the difficulties of litigation?  The first and best answer is to stay out of court.  At least in settlement talks the parties can determine their own destinies, like it or not.  The next best step is zealous advocacy.  Hire professionals who really on are your side and are dedicated to doing the best job possible for you.  This includes the accountant, the lawyer, the appraiser, the shrink, and private eye and anyone else you need to rely upon for zealous advocacy.

Lastly, you must not have personality conflicts involved in your case.  If you are not comfortable with your “team” do something about it before it is too late.  You can always change attorneys, CPAs, shrinks, etc.

For more information about this or other hot 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 Cheating Spouse Be Punished By Florida Divorce Courts?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Sitting in my office, listening to potential divorce clients, it seems like no one is having sex within their marriage.  They are either sex deprived, or they or their spouse are cheating on the side.

To some extent, the Florida law protects cheaters, directing the “cheated upon” spouse to simply divorce the cheater.   That’s what is meant when we divorce lawyers say Florida is a “no fault” state.    However, the law does protect an innocent spouse from dissipation of marital assets.   What that means is if a cheater is spending significant sums of marital monies on the affair, that so called dissipation of marital assets can be considered in the financial scheme of the divorce.  There may be an unequal equitable distribution given in favor of the innocent spouse by the divorce court judge.

Case law defines significant sums as: buying a girl friend an expensive car, paying her rent, buying a condo for the paramour, taking numerous expensive vacations or shopping trips, all the usual but expensive trappings of keeping a lover.   A casual dinner out does not qualify.

If you suspect your spouse is the cheating kind, 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 for more information.  We may want to put a private eye on your spouse and use that testimony and evidence in court to get you the better part of the marital estate.

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.

What To Do If You Catch Your Spouse CHEATING???

By Robin Roshkind, Esquire, West Palm Beach, Florida

I get this question all the time in my practice.  You really only have two options: you look the other way and enjoy life, or if you are not enjoying life, you file for divorce.  Florida is a no fault state.  Spouses can and do cheat.  It’s how you react and what you do or how your spouse reacts and what he/she does that determines the future.

If the cheating takes on a serious turn, the cheater may file for divorce.  Or the innocent spouse may file first, depending upon emotions.  But what I see more and more, it is not the cheater filing for divorce, but rather the innocent spouse.  The cheater generally likes things just the way they are.

The innocent spouse should gather photographs, documents, copies of everything financial, store small valuables like jewelry off premises, and spend time preparing for the other spouse to know you are angry…angry enough to file for divorce.  Sweetness helps to garner information, and often the cheater will brag to the spouse how amazing life is.  Let them talk, all the while finding out who the other person is, where he/she lives, and other forthcoming information.   Information turns into amunition.  Especially when you have all the information to give to your private investigator to determine if your spouse is dissipating marital assets on the paramour.  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.

Seeking The Help Of Other Professionals During Divorce

By Robin Roshkind, Esquire, West Palm Beach, Florida

It is very common in my divorce practice to seek the assistance of other professionals to help me litigate a case.  Below is a list of professionals I use and why:

1.  Psychotherapist, psychiatrist, child psychologist, social workers.  I use these professionals mostly in dealing with children’s issues like custody, sole parental responsibility and time sharing.

2.  Vocational evaluators.   If a spouse refuses to pursue a career or simply find employment, these experts can testify as to earnings and ability.  I use these professionals mostly in alimony cases.

3.  CPAs.  I use accountants to trace funds, do lifestyle studies, value businesses, assess finances, determine one’s true income.   CPAs are my best friends when alimony and high assets are at stake.

4.  Appraisers.  If the marriage included extensive and substantial art work, jewelry, antiques, coins, stamps, guns, cars, anything of exceptional value, I use appraisers to help in equitable distribution of assets cases.

5.  Real estate agents.  Obviously these experts assist me in valuations of real estate whether it is the marital home, vacation home, rental or commercial buildings.

6.  Medical personnel.  These experts assess special needs children and spouses for support purposes.

7.  Tax attorneys and CPAs.  These experts help with end games to show tax effects of settlement offers and their true value.

8.   Estate planning attorneys and financial planners.  These experts can assess a settlement offer to see if it is workable over a lifetime.

9.  Private investigators.  You know what they do.  Now in the computer age information is priceless.

I would not hesitate to co counsel with any of these experts if I feel it is in the best interests of my client.   In high asset cases or child custody cases where there is a lot at stake, experts are the best advisors to a judge.    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.

Should You SPY On Your Spouse???

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are many ways to get information about your spouse if you want it…you can attach a GPS to the car, you can have a forensic computer tech duplicate a hard drive, you can look at the cell phone while he/she is in the shower, you can search the dating web sites to find your spouse’ photo, you can hire a private investigator to follow him/her to work and then home again…there are many ways to get information.

But before you go through all this trouble and perhaps a great expense, be sure what you are looking for has legal significance.  In the state of Florida, adultery in and of itself is not relevant.  However, if they are spending great amounts of money on a paramour is;  where a person works, if they work, where they take a child, what property they own, driving records, alcoholism, criminal records, all are relevant in various issues of divorce.  Those issues could be spending marital monies, driving while intoxicated with a child in the back seat, saying there is no income while the person goes to work everyday, and a host of other issues in divorce court.

I am of the opinion that information never hurt anyone, especially someone going through a divorce.  So I am all for it.  But if you are considering spyware on your spouse, be clear about what you are looking for and how it will help your divorce case.

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.