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.

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Whose Name It’s In Doesn’t Matter In Divorce

by Robin Roshkind, Esquire, West Palm Beach, Florida

Many of my clients have a misconceptions about whose property is whose when it comes to divorce in Palm Beach County.    For example, a Mercedes Benz was purchased during the marriage with funds from a joint bank account.  The car is titled in the husband’s name only.  Whose car is it in the division of marital assets?  Barring any prenuptial or post nuptial agreement that says otherwise, it is viewed by the court as marital property.  Just because the title is in the husband’s name only, does not mean it belongs solely to the husband.  Ultimately it might go to him in the equitable distribution scheme of the divorce, but it is not necessarily his just because of the title designation.

Another example is the marital home.   Suppose one of the spouses owned the home prior to the marriage, let’s say it’s the wife.  Once the marriage takes place, she refuses to put the home into joint names.    When they get divorced years later, the husband still has an equitable interest in the home from the day of the wedding until the date of the divorce filing even though his name is not on the deed.    For other examples of title interests in divorce law in the state of Florida, 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.

What Happens If I Move Out?

By Robin Roshkind, Esquire, West Palm Beach, Florida I get this question all the time from clients who are doing divorce planning.  Divorce planning is another subject that is very important and I will address that in another article.  However, moving out of the marital home raises lots of questions from clients, the most common addressed below: First question:  DO I LOSE MY RIGHTS?  If your name is on the deed to the marital home, the answer is no. Second question:  WILL I LOSE MY KIDS?  It is your children’s rights that are protected by law here, that being the right to have two loving parents.  You will not lose your parental rights unless you are unfit to parent. Third question:   CAN HE/SHE KEEP ME OUT?  Only if there is a restraining order or some other court order giving your spouse exclusive use and possession. Fourth question:  WHAT DO I DO IF MY SPOUSE CHANGES THE LOCKS?  Change them back. Fifth question:  CAN I TAKE MY STUFF?  Only your personal effects ie clothing, cosmetics, shoes, hats, hand bags,  papers.  The rest is considered marital and subject to equitable distribution. Lastly:  HOW DO I PROTECT MY RIGHTS:  Photocopy everything and photograph everything else. For more information about this subject, divorce planning 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.

If Your Marriage Is On The Rocks, PROTECT YOURSELF!

By Robin Roshkind, Esquire, West Palm Beach, Florida

Clients come in for a consultation for information.  They either are thinking about getting out of a bad marriage or relationship, or their spouse has mentioned something about a split.  I often get the question, how do I protect myself?

The first easy piece of advice is PHOTOGRAPH EVERYTHING.  That includes the cars, the boat, the grand piano, grandmother’s sterling silver, jewelry, antiques, paintings, and collections such as wine, coins, stamps, even the big screen.

The second easy piece of advice is PHOTOCOPY EVERYTHING.  The wine lists, coin and stamp logs, mortgages, car titles, deeds, corporate documents, bank statements, credit card bills,  income statements, tax returns, pay stubs, investment accounts, whatever you can get your hands on.

Drop the cartons of pics and copies off to your lawyer.  Don’t leave them in the trunk of you car!

Lastly, don’t leave car keys, wedding rings and other small valuables lying around the house.  They have a tendency to be “stolen”.  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 To Do About Interspousal Theft?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are thinking about divorce, you just never know if things will turn out amicable or nasty.  To protect yourself, I advise my clients to start photocopying every document they can get their hands on which shows money coming into the marriage or money going out.   This includes credit card bills, bank statements, income streams, pay stubs, tax returns, receipts and the like.

But sometimes divorces turn very nasty, and involve the theft or destruction of one’s property.  Yes, just like in the movies.   I advise my clients to remove all small valuable items from the home, like diamond engagement rings, which have nothing to do with the divorce, inherited jewelry, any small items of value that are separate property.

To protect expensive handbags, shoes, clothing, furs, artwork, silverware, fine china, antique furniture, cars, pianos, etc. , I recommend photos or videos to document what was there and in what condition.  That way, if your husband or wife were to go into the nasty zone, you have proof of what was there along with its condition for trial or for settlement.

Don’t take anything for granted.  It is easy enough to protect yourself and your property.  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 I Need A Divorce Lawyer To Get A Divorce In Palm Beach County?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The answer is it depends.  Legally, you do  not need a divorce lawyer.  Your life is at stake, but this is not criminal court.  If you have virtually nothing to divide, no children to worry about, you can probably do your own divorce.

However, if you have a claim for alimony, or a defense to it, or have children, or assets and debts to fight over, chances are you need counsel.  The more issues there are between the husband and the wife, the more likely there is a disputed issue (or several) and you will want someone on your side.

Additionally, you might want other professionals to assure that you will get what you are entitled to.  That could be a CPA or even a psychologist.  For more information, come in for a consultation.  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.