Low Cost Divorce

By Robin Roshkind, Esquire, West Palm Beach, Florida

We all hear about the high costs of a divorce,  But believe it or not, there is such a thing as a low cost divorce.  But again everything is relative.

It is obvious that if both the husband and the wife both want to settle a divorce case, and cooperate to do so, this is going to cost much much less than if there is no cooperation, and no agreements.  We lawyers have a name for it: collaborative divorce.  This is where both parties are on the same page as far as settlement of the divorce goes.  They agree on the income of the parties; they agree on the value of the assets of the marriage; they agree on the debts of the marriage; and if there are any children they agree on time sharing and child support also.

When this happens, the parties can have a relatively low cost divorce.  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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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.

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.

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 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.

What Is An “Amicable” Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are getting a divorce, it is because you have serious marital problems and the marriage is failing…usually over money or sex.  Other factors include drug or alcohol use, abusive or violent behavior, in laws or step kids issues…there are a host of factors that put stress on a marriage.  So how, you ask, can a divorce be “amicable” when you are fighting like cats and dogs in the normal course.

“Amicable” divorce actually means that both parties are on the same page when it comes to getting the divorce.  There are no surprises, such as the case where the Wife had no clue that the Husband was out the door, or the discovery of infidelity.  The Husband and the Wife both realize together that  it is time to end the relationship.  That is the threshold question.  Then they both agree to try to call it quits in a civil manner.   In amicable divorces, the parties agree to attempt to agree.  The result is a collaborative, cooperative effort to getting the job done, and it is sometimes called a collaborative divorce.  The end result is a global settlement of all the divorce issues in that particular marriage. 

Amicable divorces are the preferred of the species, because it relieves the family of severe stress, burdensome attorneys fees, and a long drawn out litigation.  Choosing the right lawyer is all important, because if there are substantial marital assets, lawyers stand to make more money from prolonged litigation.

If you are getting divorced in Palm Beach County, 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.