Working the System! Motion for Continuance

Working the System! Motion for Continuance.

Who Has To Move, Him Or Her?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Many couples going through a divorce  just don’t have the funds for separate residences.  It is cheaper (not easier) to stay under one roof, until the divorce is final and the issue of the marital home is decided by the judge or agreed to by the parties.

For those couples  lucky enough to have assets, or those in two income families, it is easier (not cheaper) to live separately and apart pending divorce proceedings.  So how do couples decide who shall stay and who shall go?

First, you don’t lose your marital rights to the marital residence merely by moving out, if your name is on the deed or on the lease.  The remaining party has no right to change the locks unless by agreement of the parties or court order.

Secondly, if there are children, it is understandable that they are going through enough changes during divorce.  They should remain, if at all possible, in a stable home environment.  So who is going to be the parent who will be or continue to be the major caregiver?    It is that parent who should stay, as it is in the best interests of the children.

On the other hand, there are cases whereby only one of the parties can afford to pay the mortgage, maintenance, insurance and taxes.  That is the party who should stay.  The other should go, with or without children in tow.

In cases where neither party can afford the mortgage or expenses of the marital home,  both should move out and rent the home or keep it as an investment property, or you both agree to list the house for sale and stay until it sells.

Lastly, where a home is in foreclosure or short sale status, you both should work it out to stay, because that is in both  your best interests.

In some cases, both parties want the home or neither husband nor wife wants the home.  Every case is different.  If the spouses cannot agree, the divorce court judge will decide for you both.

 

 

Can You Change A Marital Settlement Agreement Once It Becomes A Court Order?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Yes.  A marital settlement agreement and court order of divorce can be changed by AGREEMENT OF THE PARTIES or by COURT ORDER.  A court order will be the result of a PETITION FOR MODIFICATION OF FINAL JUDGMENT.  It has to be based upon a substantial, material change of circumstances.  You would have to prove such a change requires a modification at the POST DISSOLUTION TRIAL.

However, there is an EXCEPTION…once property and debts are divided in divorce court, or even by agreement of the parties, that part of the final judgment is a done deal.  Spousal support (alimony) and children’s issues (time sharing, child support) can be modified.  Division of assets and debts cannot.

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.

Do You Have Right To Keep Husband’s Name in Divorce Proceedings

by Robin Roshkind, Esquire, West Palm Beach, Florida

Divorce brings many changes, financial, emotional, and physical.  Two areas of testimony at final hearing in Palm Beach County divorces are as follows:

1) The judge will ask if the wife is pregnant.  This is to protect any unborn child of the marriage.  Once the birth takes place, medical care and child support will have to be instituted by court order.

2) The judge will also have to ask if the wife wants her name prior to the marriage to be restored.  It is up to the WIFE not the husband, as to whether or not she keeps her married name after the divorce is final.

In some cases where there is a famous name involved, or a high asset divorce, the husband may negotiate a price or reimbursement to the wife to drop the name.  It is again her choice.  There is no law in the state of Florida that requires the wife to change her name.

For more information about this or other divorce topics in Palm Beach County divorces, 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.

Can You Still Have Sex With Spouse While Divorcing???

by Robin Roshkind, Esquire, West Palm Beach, Florida

I am not a moralist…I am a Florida Bar divorce lawyer.  Legally speaking, you can have sex with whomever you want to.  Florida is a no fault state.

If you are in divorce proceedings, and are still having sex with your husband or wife, this just might make settlement EASIER.  Yes, EASIER.  You still have a commonality which obviously matters to both of you.  I am a lawyer, not a therapist.  And I am not suggesting you do this, but, as a lawyer, I don’t find it entirely bad.

Sex is communication.  Divorce settlements require communication.  You can connect the dots for yourself.  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.

If You Think You Have A Divorce Settlement, BE CAREFUL!

by Robin Roshkind, Esquire, West Palm Beach, Florida

We divorce lawyers have a old trick…get the other side to think we are settling the case, but then move forward to the divorce proceedings.  The moral of the story is, in divorce court, if you do not have a signed settlement agreement, or a signed agreed order, you do not have an agreement.  You may think you do, but therein lies the problem for you.

In Florida, it is a statutory requirement that all “agreements” be in writing and signed by the husband and wife.   So if you have discovery that is due, temporary alimony payments that are due, depositions that are set, a court hearing to attend, your lawyer still must prepare as if there is no settlement at all until such time as there is a signed document.  Don’t fall into the settlement trap.

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.

Judge’s Decision vs. Amicable Settlement In Divorce Court

by Robin Roshkind, Esquire, West Palm Beach, Florida

When you are thinking about filing for divorce, you had better think about what kind of marriage you have.  That is to say, is it full of hate and vindictiveness?  Is it full of secrets?  Is money scarce?  Does your spouse withhold sex?  Are you just room mates without passion?  Is there a paramour involved?

The personalities of the husband and the wife are key along with the circumstances for the bad marriage.  Often this determines what type of divorce you will ultimately be involved in.  If both parties realize the marriage has been over for years, it will be a much easier divorce than if your spouse just caught you in the bedroom with another and ran out to file papers.

Is there a way to predict?  Sometimes marriage counseling can help husbands and wives resolve the issues of whether to go forward or not with an amicable divorce, or to litigate and let the judge decide how  you will live the rest of your lives.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091.