Why Affairs Don’t Matter In Palm Beach Divorces

By Robin Roshkind, Esquire, West Palm Beach, Florida

“He/she has been cheating on me!  This divorce is all his/her fault!”  Those are words that may be spoken in divorce court, but they will have no legal significance and the judge will probably tune it out UNLESS the testimony or evidence can prove there were substantial marital funds expended on the paramour.

Florida is a “no fault” state.  The spouse who is “wronged” does not get to punish the wrongdoer in the legal scheme of things because there is a big difference between moral wrongs and legal ones.  The court is not going to decide who was right and who was wrong.  The court is not going to entertain the reasons for the parties split.  The court is not going to micro manage your lives. 

Where there are cases dissipation of marital assets, due to drugs, gambling, affairs, the court MAY give the wronged spouse additional funds to make up for the misery.  This legal principle is called dissipation of marital assets by one spouse to support his sex, drugs, shopping or other addiction.  But remember, you the innocent spouse, married this person, and stayed married all those years.  It is something to think about.  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.

 

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Do NOT do divorce on your own if…

By Robin Roshkind, West Palm Beach, Florida

In today’s economy, couples are fighting with each other over money, one of the most common causes of divorce.  Some couples will attempt to do a settlement of all their marital issues on their own and without the advice of counsel, in order to save money in attorneys fees.  However, there are certain circumstances where a divorce REQUIRES the skills of an experienced divorce lawyer like those at my Firm, and a spouse would be penny wise and pound foolish to go it alone.

Here are the situations where having a divorce lawyer on your side is A MUST:

1.  Where a spouse is self employed.

2.  Where a spouse works for cash under the table.

3.  Where a spouse hasn’t filed a tax return in years.

4.  Where a spouse is the sole owner of a closely held corporation.

5.  Where there was a business formed by one or the other DURING the marriage, or where there is a spouse working in a family business.

6.  Where the spouse does not know the true net worth.

7.  Where the spouse does not have access to books and records.

8.  Where the spouse has no idea of the assets or debts of the marriage.

9.  Where there are children of the marriage that have special needs.

10.  Where there is a spouse who has drug addiction, gambling addiction, alcholism, shopaholic tendencies, or a paramour.

11.  Where one or the other spouse entered the marriage with assets.

12.  Where there has been an inheritence during the marriage.

13.   Where a spouse has mental health issues like bi polar, anger management problems, domestic violence.

14.  Where a spouse has a criminal record, restraining orders.

15.  Where a spouse cannot be employed or keep steady employment.

16.  Where a spouse is supported by family members.

17.  Where there are numerous real properties, income producing rentals, time shares and vacation homes. 

18.  If the marriage is more than 10 years and there is alimony, permanent alimony, rehabilitative alimony, bridge the gap alimony to be discussed and negotiated.

19.  Where a spouse has another family with children either prior to this marriage or outside of this marriage.

20.  Where paternity is at issue.

21.  Where the spouses are extremely unequal in education or ability to earn, or by measure of individual wealth. 

22.  Where a pre nuptial agreement should be contested.

If ANY of these circumstances apply to you, you should at least consult with an attorney before attempting a divorce on your own.  For more information, call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

You may need a divorce TEAM to play your hand…

By Robin Roshkind, Esquire, West Palm Beach, Florida

The divorce process can be more complex than most people think especially when there are children and lots of debts or assets to “discuss”.  Other factors that complicate a case is domestic abuse, hidden money, affairs, mental illness, drug or sex addiction, alcoholism, gambling, income producing real estate, time shares, a business, and frequent flyer miles. 

Divorce cases that have multiple issues are best tried with a team behind you.  The team can include a CPA to trace assets, evaluate businesses, determine real income; a psychologist or THERAPIST to determine what is in the best interests of the children, or to help you deal with the pressures of divorce; a PSYCHIATRIST for extreme cases of addictions, bi polar behavior, and medications; a trained MEDIATOR to facilitate settlement negotiations; a TAX ADVISOR to project tax ramifications of settlement offers;  an INSURANCE PROFESSIONAL to guarantee support payments; a FINANCIAL PLANNER or investment advisor to help you get back on your feet after divorce;  a REALTOR to list or appraise the marital home;  an APPRAISER to value jewelry, artwork, antiques; and of course, your DIVORCE LAWYER to guide you through the court system and the entire process legally. 

Not all cases require all professionals and every case is different.  But when people ask me why a divorce is so expensive, it is because various expert witnesses are needed at a trial, or in preparation for settlement talks.  It is much better to have THE TEAM on your side than to go up against one.

For more information about this or other divorce topics, call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

The amicable divorce…

By Robin Roshkind, Esquire, West Palm Beach, Florida

The ugliest divorce involves hidden assets, custody battles, addictions, violence, dissipation of marital assets, extra marital affairs and the emotions of revenge, jealousy, and hate.   Sometimes even mental illness is involved.  Ugly divorces are taken to court and cost a fortune in attorneys fees.

Unlike the ugliest divorce, the amicable divorce involves agreement to agree by both the husband and the wife.  Often times they have lived separate and apart for years.  The marital “stuff” has already been divided and the children are well taken care of by both parents in a cooperative manner.   Amicable divorces are quicker, cheaper, and healthier for the family.

Where you have one spouse who wants to be amicable, and the other spouse is stubborn and obnoxious, amicable divorces are all but impossible.   Believe it or not, the amount of assets may determine whether the divorce is amicable or litigious.  Generally speaking, the more “stuff” there is to fight over, the more the spouses fight. 

To determine whether your case is going to be amicable or ugly, seek the advice of counsel if you are not too sure.  Be careful who the opposing attorney is, as well.  Remember, some  litigators really like to litigate.

For more information about this or other divorce topics, call on one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at http://www.familylawwpb.com.

Mental Health Issues in Divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are many issues in divorce that can be affected by one or the other spouse’ mental health.  The following is a list where mental health issues can determine and outcome of the case here in Palm Beach County, Florida:

1.  Custody battles.  The job of the court is to determine the best interests of the child/ren.  If a spouse is bi polar, clinically depressed, has anger management problems, eating disorders or suffers from alcohol or drug addicition, chances are likely that the other spouse will get much greater time sharing with the children.  The spouse suffering from mental health issues may get limited or supervised visits.

2.  Alimony.  A non breadwinner spouse with mentalhealth issues may get more in an alimony award for rehabilitation purposes as a special needs spouse. 

3.  Dissipation of marital assets.  A spouse who is a compulsive gambler will be accused of dissipating the marital assets, and as a result, will get a smaller piece of the marital pie in divorce court.

4.  Unfit to parent.  A spouse who abuses prescription medications may be seen by the court as an unfit parent.  Ditto for a spouse who returns the children in a dirty, hungry, neglectful  state. 

5.  Domestic violence.  A spouse who goes into a violent rage, destroying marital or separate property will be awarded less in equitable distribution of property.

Anyone suffering from these mental health afflictions should seek the help of a professional counselor for the benefit of the entire family and for him or her to be able to better cope with divorce and life in general.  For more information about this or other divorce topics, click on the Robin Roshkind, P.A. website at www.familylawwpb.com of call for a consultation appointment with one of the attorneys at the Firm at 561-835-9091.