Use A Shrink To Tell Your Spouse You Want A Divorce

by Robin Roshkind, Esquire, West Palm Beach, Florida

In the state of Florida, you do not need “permission” from your spouse to be granted a divorce, even if your spouse does not want the divorce.  What you will need, however, is a way to express to your spouse that the marriage is over and you want out.

I often recommend to clients in my practice, to engage the help of a professional for this purpose of telling your spouse you want a divorce.  First, many couples are already seeing a marriage counselor or therapist.  It is easier to come to the divorce conclusion if you are already discussing your relationship with this counselor.  Using a therapist or marriage counselor or even clergy or other professional at the time, is helpful.  Inform your spouse of your final decision and discuss it right then and there with a third party present.

On the other end of the spectrum is simply to move out of the marital home the same day you have your spouse served with divorce papers.   If there is a history of domestic violence in the home, this is the way to go.  Do not be around, when your spouse gets those divorce papers.

In the middle ground, is to use a therapist to negotiate the divorce process.  Sometimes therapists and marriage counselors can keep the divorce amicable, thus avoiding nasty litigation and all that goes along with that.  I highly recommend bringing therapists into the divorce process to keep the peace.  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.

 

It Takes Two To Settle A Divorce

by Robin Roshkind, Esquire, West Palm Beach, Florida

I often have clients come into my office seeking a divorce settlement.  They tell me that their spouse agrees to “everything” and that they want to settle their case.  You would be surprised at how quickly this turns into a contested divorce.  The reason is that a husband or wife cannot agree to something if they don’t know their rights.  Once they know their rights, they certainly can waive them.  But until that time, any agreement is not an agreement at all, as it is garnered under false pretense, bad advice or both.

Areas of contention in divorce cases abound in terms of things like: what is one’s TRUE income; appraised values of real estate, art collections, jewelry, antiques etc.; what is best for the children;  who should pay for what debts. 

In order for a divorce to settle, BOTH the husband AND the wife have to want to settle.  If then they can’t agree, there is no possibility of settlement.    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.

 

 

The BEST Divorce…The WORST Divorce

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are thinking about getting a divorce in Palm Beach County, Florida, it could be an amicable or nasty experience.  The determinant factors are the personalities of the parties involved, and the facts of the marriage.

Here is what the BEST DIVORCE looks like:  There is an unchallenged prenuptial agreement which sets forth the division of assets and debts, and provides spousal support and other agreed upon divorce terms.  This contract is enforceable and was agreed to by clear heads, prior to the wedding.  Sounds strange, but this is the best case scenario in my divorce world.

If there is no prenuptial agreement, but both parties can agree that the marriage is over, by removing emotions from the equation, the parties can be reasonable in agreeing to divorce terms.

By way of comparison, here is what the WORST DIVORCE looks like:  There is drug and alcohol abuse, domestic violence, infidelity, death threats, threats of financial ruin, restraining orders, fighting over the kids as pawns, lots of screaming, crying, destruction and very mean spirited behavior by both the husband and the wife. Someone loses his/her job, the house goes into foreclosure, the lights get turned off, the clothes get thrown onto the front lawn, cars get wrecked, along with good credit and lives.  The school knows, the office knows, the family knows, the neighbors know every sordid detail.

As a divorce lawyer, I have handled these extreme divorce cases and everything in between. One husband told his wife she could have both the car and the house in a divorce settlement.  He then proceeded to drive the car through the front door of the house.  He was laughing all the way to jail.   For more information about divorce and divorce law, 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.

Refinancing The Home BEFORE The Divorce?!

by Robin Roshkind, Esquire, West Palm Beach, Florida

One of my clients, the Wife, had the most daring request posed to her by her “amicable” Husband late one afternoon recently.  The couple is getting divorced and are participating in settlement negotiations with their respective CPAs and divorce attorneys.  Both the Husband’s name and Wife’s name are on the deed and the mortgage to the marital home which is here in Florida.  Another vacation home is up north in New York’s Hamptons communities. 

In the settlement negotiations, the Husband was to keep the marital home here in Florida in his name only by Wife quit claim deeding the home to him, and the Wife was to keep the vacation home in the Hamptons by him quit claim deeding that home to her.  He actually asked his wife to refinance the marital home WITH HIM, so that he could get the cash out, live there, have the home solely in his name, and pay her over time her equitable distribution from the marital assets!  In other words, her own money!  That takes balls.

Yes, I stopped her!  If she would have done that in the interest of being “amicable”, she would have further encumbered herself (read DEBT) in a property she no longer would have a legal interest in, and he would have the cash!  Then he would pay out over time, her own money. That is why divorcing couples need  divorce lawyers.  For more information 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.

 

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.

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.

What Happens If You Want To Settle Your Divorce, But Your Spouse Doesn’t?

By Robin Roshkind, Esquire, West Palm Beach, Florida

I get this question in my practice all the time…clients come in wanting to settle their divorce.  The spouse just can’t or won’t agree.   What happens then?

There are three very good reasons to settle a divorce matter: less expensive, less stress, faster resolution.  But in order for a settlement to occur, BOTH parties have to be on the same page.  Both the husband and the wife have to agree to agree to stay out of court.  If that is not the case, settlement is just not possible.

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.