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.

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What Type Of Divorce Will You Have? Part 2 Settlement or Trial

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are thinking about getting a divorce in Palm Beach County, Florida, know that your divorce can go only one of two ways.  Either you and your spouse will settle your divorce issues, (including alimony, attorneys fees, child support, if any, child time sharing, equitable distribution of assets and debts, non marital property, name changes,) or  you will take all or some of the disputed issues to the judge.

Settlement is quicker, less expensive and less stressful.  But it can only happen if both parties want to settle.  If one spouse wants to settle but the other does not, you are going to trial.  Going to trial entails extensive discovery, depositions, witness preparation, transcripts, document production and analysis by a forensic CPA, court reporters, evidence and logs, and costs a bundle.   It also takes up a great deal of time and could cause illness from the stress of it all.

Counseling and therapy more than lawyering can help husbands and wives decide how to proceed.  Parties who can set aside emotion and just get the job done have a better chance of settlement.  Also judges would rather the spouses manage their own future lives.  They do not like to micro manage families. 

If you are thinking about getting a divorce in Palm Beach County, 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 www.familylawwpb.com for more information.

Prenuptial Agreements and the 30 DAY RULE

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are thinking about getting married for the first time or remarried, if you have assets, it is important to protect them.  That is where the prenuptial agreement can help you, especially if you already have children from another relationship.

The prenuptial agreement predetermines death issues as well as divorce issues.  I work with estate planning counsel and tax advisors to assure clients the protections they require.   This is a highly skilled process and it determines the rest of your life.

I also want to observe the 30 day rule:  the prenuptial agreement must be negotiated, worked out and agreed upon by the fiance, at least 30 days prior to the wedding.  This gives the fiance time to reflect, time to seek independent tax advice and legal counsel without pressure.   If you want more information, come in to see me.  Call 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

PLANNING YOUR DIVORCE for the new year.

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are unhappy in your marriage, but are not sure what to do, chances are you will stick it out as a family until after the holidays.  BUT NOW is a good time to plan your exit strategy.  While your spouse is out shopping with the kids, or visiting Mom’s house, start photocopying everything you can get your hands on:  income statements, pay stubs, credit card bills, bank statements, loan documents, mortgage papers, retirement accounts, real estate listing agreements, titles to cars, boats, trucks, household expense accounts, investment statements, everything that will show ASSETS, DEBTS, OR INCOME.

Divorce planning is important because it helps you sort out the details of your marriage…this is useful when you go to the lawyer for the consultation.  It gives everyone a better idea of what is at stake and what the issues are to be addressed.

Job changes, job loss, sale of property, Christmas bonuses, year end commissions, relocation, new school districts, are all considerations that need to be looked upon by your lawyer.  You can help your lawyer to better serve you if you have all the right information going into the consultation.  For more 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 www.familylawwpb.com for more information.

Why Prenuptial Agreements Are Expensive And Worth It

By Robin Roshkind, Esquire, West Palm Beach, Florida

Congratulations! You are getting married.  If you are over the age of 30 you probably have your own assets and debts.  To assure  that your hard earned assets are not lost in a quickie marriage, the first rule of thumb is to keep your assets entirely separate.  That means, don’t use any of it for marital purpose, don’t put your hard earned cash into joint bank accounts, and don’t commingle your funds in any way for joint purchases.   Or if you do, you need to realize that investment is joint and marital.  It will be at issue if you divorce later.  Fully disclose in your prenuptial agreement what  you are going into the marriage with.  That way if you leave the marriage, your assets go with you, unless otherwise intended.

As far as debts are concerned, you need to know what your bride or groom’s credit score is.  You need to be released or held harmless from this beloved’s premarital debts.  In that way, your assets are protected and you are not responsible for your spouse’s debts.

Because premarital agreements deal with the potential for divorce, it is important to realize how extensive the protections can be.  A bride or groom who is waiving marital rights, needs to know what they  waiving in order for that waiver to be valid and enforceable down the road.

Anti-nuptial agreements also deal with death of a spouse and protection for the surviving spouse.  However, it is important to remember, a prenup is NOT a testamentary document.  It does not replace a will or trust document.  Sometimes I engage the expertise of  an estate planning lawyer to assist me with the drafting of death provisions of a prenup.

Also, there are tax implications of any property distribution scheme, or division of assets, so a tax advisor is recommended to work us as well.

In addition to the experts that may be required in the drafting of your prenuptial agreement, we also use videographers to record the actual execution of the document.   The importance of this is to assure that the parties are entering into the contract free of duress, over reaching, fraud or misunderstanding or even sometimes a language barrier.   Any breach here, and your prenuptial agreement can voidable even years later.

If done properly, prenuptial agreements are generally upheld when challenged in court.   Budget  about $10,000 or more, depending upon the complexity of your estate.  This is your future that is at stake, so remember, you get what you pay for.  Don’t be penny wise and pound foolish by hiring an attorney who will cut corners to keep the price down.  That is definitely not in your best interests.

In Marriage Or Divorce, Communication Is Key

By Robin Roshkind, Esquire, West Palm Beach, Florida

Whether you are entering a marriage or trying to leave one, it is important to communicate with your spouse.  It is where unreasonable expectations raise their ugly heads. 

That is when it is important to consult with advisors, whether they are financial, legal, or psychological. 

Regarding a marriage, there is alot to talk about: prenuptial agreements, family finances, children, extended families, who owns what property.  In divorce alot of the same issues apply, but add to those the issues that of  time sharing with children, attorneys fees, spousal support or alimony.   And of course the division of marital property and preservation of separate property or inheritences.  If there is no commingling during the course of the marriage, separate property remains non marital.

Marriage and divorce are life changing events as is deciding to have children.  The best advice is to seek professional help from lawyers, accountants, insurance professionals, finanacial planners, marriage counselors or therapists if you just can’t communicate effectively with your partner or if you are having touble sorting things out by yourself.

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 www.familylawwpb.com.

Collaborative Law…Will It Work For You?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If BOTH you and your spouse will agree to agree, to work out the terms of your divorce without court interception, then a collaborative divorce is for you.  A collaborative law divorce is less time consuming, less expensive, and less stressful for all involved.

The parties agree to stay out of court.  They have motivation to come to a settlement of all the divorce issues:  child care, time sharing, child support, holiday vacations, alimony, attorneys fees, division of assets and debts, what to do with the marital home.

It is especially relevant in today’s economy, where money is generally tight and the parties wish to proceed to divorce anyway.  Agreements are more likely to be adhered to, easier to come by, and fashioned in a economical way.   Both parties can economize by using one accountant, one therapist and two attorneys who are working together.  For more information about collaborative divorce, 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.