Time to Divorce is After the Holidays

By Robin Roshkind, Esquire, West Palm Beach, FL

Some folks still do it the old fashioned way…that is, staying together for the sake of the kids.  With the holidays having come and now gone, those who were unhappy, fighting, and miserable, during the holidays, and staying together just for the kids…now is the time to divorce!

Get your act together.  Find out about the family finances.  Get copies of those bank statements and credit card bills from 2014 and bring them in to see me.  The time is now.  By the end of January, it becomes tax preparation time.  You will have to gather financial information anyhow, so your spouse will not suspect you are preparing for divorce.  Keep it quiet until you get all your ducks in a row.  Preparing for a divorce is like being a private eye.  You need to set up before you do anything.

For advice on what will be needed or what your rights are, call or come in for a consultation.  You don’t have to take it anymore.  The holidays are over and it’s time to move forward.  See our web site at http://www.familylawwpb.com or call today for more information 561-835-9091.

In Palm Beach County Courts, Custody Battles Are Ugly

by Robin Roshkind, Esquire, West Palm Beach, Florida

Divorcing couples can usually let a judge decide on an equitable split of marital assets and debts.  They can also agree in mediation to spousal support (alimony) and who will pay what household bills.  But when it comes to the parties’ children, neither the husband or the wife will admit they are “bad” parents.  So time sharing of the minor children can be a hotly contested divorce issue that a judge will have to decide.

If you are a parent who basically ignores homework, school plays, sports games, then you run the risk of less time with your children because it is what you do anyway.  If you are partying until dawn, drinking and driving, or have other personal issues, it is likely that you will have less time with your children, or even have supervised time sharing.  (No court wants a parent who has an alcohol problem to be driving children around.)

Watch out for text messages, emails, facebook and the like that can become damning evidence against you.  That is especially true if you send abusive messages to your children.  If you disparage the other parent to the children, this is another violation that is not tolerated by the divorce court judge.  Courts even have a name for it–  “parental alienation”.  Parents who are easily angered in the court room will also exhibit out of control behavior, and this, too, will not help your case.  For more information about how to initiate or defend a time sharing dispute over children, 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.

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.

What Is Temporary Relief?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Temporary relief includes any kind of relief for the “have not” spouse, to allow the spouse to live and pay bills, pending the outcome of divorce proceedings.  There is usually a temporary relief hearing before the judge, in the event that a court ordered and required mediation does not resolve in a global settlement of the divorce.

Temporary relief can include a court order on child support, time sharing, shared parental responsibility, alimony, attorneys fees, exclusive use and possession of the marital home, a partial division of marital assets and debts, and any other relief requested by the spouse, to allow normal household bills to be paid, and maintain the status quo pending any outcome in the divorce.  Temporary relief stays in place until further order of the court, or an agreement of the parties.  Temporary relief may or may not be precedent setting.  For more information about this or other divorce topics, call one of the Palm Beach divorce lawyers at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

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.

Marital Settlement Agreements Are “Special” Contracts

by Robin Roshkind, Esquire, West Palm Beach, Florida

When you are going through the divorce process in Palm Beach County, Florida, you will have to go to mediation, prior to going to trial in the courtroom.  This is court  mandated, and gives a divorcing couple a formal way to settle out their differences by themselves, instead of having the judge dictate how the family will live from final judgment forward.

Marital settlements agreements become part of final judgments of divorce.  They are based upon both the husband and the wife fully disclosing all finances, separate and marital property, legal obligations and debt.  They equitably divide marital assets and debts, setting aside separate property, they provide for spousal support or alimony, and also set forth guidelines to follow for any children of the marriage.

That can include child support, time sharing, vacation time, grandparents rights, shared parental responsibility, health insurance, doctors visits travel and just about anything else.

After full disclosure and negotiations, if the parties can agree, they will sign a marital settlement agreement, freely, with full knowledge of their rights and obligations and with intent to be bound.  Marital settlement agreements are enforceable by the court as is any court order. 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.

Children and Divorce…Psychological Effects

by Robin Roshkind, Esquire, West Palm Beach, Florida

I am a divorce lawyer, not a child psychologist.  However, because I see common behaviors in children during the divorce process, I can speak to some of the psychological effects I see in my divorce practice.

1.    Kids are smart.  They play one parent against the other to get what they want, whether it is a toy or game, or time with a friend, a trip, a new pair of shoes etc.

2.  Kids have hope.  They want their parents back together again.

3.  Kids may be unwelcoming.  They do not need or want a new mommy or daddy, so be careful in forcing them into your new relationships.

4.  Kids are flexible.  They have friends whose parents are divorced and they have friends whose parents are not.

5.  Kids blame themselves.  Don’t you blame them too for the break up.

6.  Kids are not messengers.  Don’t use them as such.

7.  Kids are not pawns.  Don’t use your kids to “get” at the other parent.

8.  Kids need stability and love.  From BOTH of you.

This list can go on and on.  For more information about children and divorce, 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.