Addictions And Divorce Law In Florida

By Robin Roshkind, Esquire, West Palm Beach, Florida

When a husband or wife has an addiction, often times spouses look the other way.  Until a divorce is in progress.  There is a legal significance to addictive behavior in the State of Florida.

It does not matter whether the addiction is to alcohol, drugs, sex, shopping, anger, gambling, job hopping, collecting, hoarding, or any other addiction.  In Florida divorce courts, it all comes down to marital money, marital waste, or what’s called dissipation of marital assets.

For example, if your husband has squandered money in Vegas, you have a claim for dissipation of marital assets.  Or if your wife spends endlessly at the mall, you have a claim for dissipation of marital assets.

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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Drug Testing, Psych Evaluations, Mental Health Issues In Palm Beach Divorces

By Robin Roshkind, Esquire, West Palm Beach, Florida

Does anyone want a alcoholic parent driving drunk with children in the back seat?  The answer is obvious, but you would be surprised how often this issue comes up in divorce cases in my practice.  Parents have issues too!

That is why, where indicated, I go into court to see the divorce court judge and ask for drug and alcohol testing by court order.  The results will indicate if I need to further ask the judge for supervised time sharing for the erring parent.

The divorce court judge in Palm Beach County divorce cases CAN order the parties to take random drug tests, psychological evaluations, anger management classes, parenting classes, go to rehab, counseling, and all the while, require supervised time sharing with the minor children until any of these problems are cleared up entirely and with proof.

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.

What Is Dissipation Of Marital Assets Mean?

By Robin Roshkind, Esquire

In Florida, assets and debts of the marriage need to be equitably distributed when a husband and wife divorces.  That does not mean 50/50 split like in California…Florida is an equitable distribution state, while some states, like California, are community property states.

In equitably distributing the assets and debts of the marriage, the court must find out what is a REASONABLE split between the parties.  In so doing, the court can consider what is marital, what is non marital, what was brought to the marriage, and what was frivolously spent during the marriage.

A dissipation of marital assets claim can include things like excessive gambling, drinking, drug use, shopaholic tendencies, supporting a paramour, any habit where excessive marital funds or assets were used by one spouse to support his/her habit to the detriment of the marriage.

An equalization payment from some other marital asset will be used to off set the dissipation for the benefit of the innocent spouse.  For more information about this or other divorce topic 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.

Criminal Law, Tort Law Sometimes Overlap With Divorce Law

By Robin Roshkind, Esquire, West Palm Beach, Florida

In my divorce cases, it is not uncommon to have to deal with additional issues other than those directly effected by divorce law.  Divorce law encompasses alimony, child support, child time sharing, shared parental responsibility, division of marital assets and debts, and what is income of the parties, and what is non marital.

However, some of my cases get complicated with things like DUI defense, traffic tickets, domestic violence, damaged or stolen property of one spouse or another, and spousal torts.

I have had several cases where a spouse who is cheating brings home to the “innocent” spouse a sexually transmitted disease.  Or an innocent spouse signs a joint tax return and the IRS finds it to be fraudulent.  Or legal situations resulting from general stress of a bad marriage and divorce, such as drunkeness, drug use, dissipation of assets exits.

Divorce cases can emcompass stealing of jewelry, destruction of personal property, criminal stalking, wrongful taping of conversations, fraud and misrepresentation.  When you think of two people who are going at each other in anger, almost anything can happen, even rape or murder.  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 for more information or click on the Firm’s web site at www.familylawwpb.com for more information.

What Does Your Future Look Like?

By Robin Roshkind, Esquire, West Palm Beach, Florida

It is a new year…and it happens every year.  Are you where you want to be or is it the same old, same old.  Only you can decide.

What goes into making the decision to stay in a bad marriage, make the marriage better, or bail?  Ask your friends, neighbors, teachers, clergy, therapist.  Hardly anyone makes the decision to divorce all by themselves.

There are people out there who love you, care about you, and know you.

Think about domestic violence, drug use, abuse of alcohol or children.  Spouses who kick the dog are having anger management problems that will surely escalate.  Think about change…which is something most people hate.  Think about fear, denial, hope it will get better but it doesn’t.  Go to counseling.  Go to the bank.  Go see a lawyer.

Then you can make an intelligent decision about facing the family, friends, and people who care and respect you.  Then there are the details of child support, time sharing, alimony, paying off debts, dividing the assets.

If the inevitable is looming, take some control of yourself, get your mojo back and be yourself.   For helpful information, 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 “Causes” Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Many married couples go along not realizing how a relationship can deteriorate into a bad situation.  Then when their partner mentions divorce, they are completely taken by surprise.

The list is a short one as to the main causes for divorce: sex, money, power.

Take sex first…either there is not enough sex in the marriage, or no sex, or sex outside the marriage.  Affairs, adultery, cheating, broken loyalty and broken trust is the result.  Irreconcilable differences arise.

Re: money, financial strain on the marriage causes arguing as to what bills go unpaid, foreclosure of the marital home, loss of job or income, laziness to find work, mounting expenses… all are ripe grounds for discontent, dispute and divorce.

Then comes power, which can result in controlling behavior of one over the other.  Verbal or physical abuse, domestic violence claims, criminal behavior of stealing a spouse’ personal property (like jewelry or tools), is the result.

Other causes of divorce include mental health problems, issues with in laws or extended families, children of another marriage, drug or alcohol use. While each case is different, if you see yourself in any of the above scenarios, consult with a divorce lawyer immediately to protect your rights.   Call one of the lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

What makes a parent “unfit”.

By Robin Roshkind, Esquire, West Palm Beach, Florida

When it comes to time sharing with children, or paternity actions where the father is finally adjudicated the father by DNA testing, the court has to determine the best interests of the child/ren.  The same holds true for cases where a parent wants to relocate and the other parent does not give permission and a court order is sought.

Allegations of “unfit parent” can arise to thwart the relationship of the “undesireable” parent.  However, “undesireable” is not the same as “unfit”. 

Under the laws of the State of Florida, BOTH child and parent have rights,  UNLESS a parent is adjudicated “unfit” in a court of law.  The case law defines “unfit” as a parent who is unable to take care of him or herself…unable to take care of the child…one who abandons, abuses or neglects a child…an alcoholic, a drug abuser, a party person til 3 am every night…you get the picture.

Parents may not agree with parenting styles or decisionmaking or even lifestyles of the other parent, but that is not enough to make a parent “unfit” in the eyes of the law.  

The way courts handle an unfit parent is to order supervised time sharing, order parenting classes, order the parent to counseling, order the parent to a psych evaluation, and to take normal rights away until the parent is rehabilitated and the child is safe with that parent. 

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.