My Husband Has A Girlfriend…I Want A Divorce

by Robin Roshkind, Esquire, West Palm Beach, Florida

You are mad as hell and you are not going to take it anymore!  Before you say the “D” word to your husband, seek the advice of a good divorce lawyer.  You may need to “get the goods” on the adulterous creep before you file for divorce.  You also want to know the following:  who the girlfriend is and how much has he spent on her.  You may need to look at books and records, credit card receipts and statement and bank statements to find this out.

Husbands are very careful when it comes to paramours…either they buy things with cash, or sometimes, they don’t buy things.  The issue in Florida divorces, since Florida is a “no fault” state, is how much of the marital assets were spent outside the marriage on the husband’s dalliances.

In all fairness, what I have said about philandering husbands also applies to philandering wives.   It is the marital monies that are spent outside the marriage that counts.  If you know who is pleasing your spouse, you definitely want to take his or her deposition.  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.  

 

Protect Yourself With Divorce Planning

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are thinking about getting divorced, there are certain things you can do to protect yourself.   The very first thing is to educate yourself about the family finances.  Then start a photocopying and photographing campaign. 

When you eliminate the emotional baggage, divorce is about money….dividing assets and debts of a marriage, as well as determining income for purposes of alimony, child support, and attorneys fees. 

In terms of being able to prove the incomes of the spouses, it is important to have things like tax returns, pay stubs, and bank statements showing any direct deposits of income.  Incomes of the parties are key to any divorce.   Employment history is important too.  A spouse should not be able to voluntarily under employ himself or herself and get away with it. Remember, income can be passive as well, resulting from investments, sale of real estate and the like.  Think about what you need to PROVE these things.

Valuing of assets are a necessary must in terms of who gets what.  For example, appraisals of jewelry, art, antiques, cars, even the family business will help the parties or the court divide the assets fairly.  Determining debt is the other side of the coin.  Things like mortgages, lines of credit, credit card bills, car loans need to be addressed, so it is important to have these papers organized and ready to present.

Photographs speak volumes when it comes to valuable cars, boats, and household items of substantial worth.  When you have finished gathering all these documents, deliver the boxes of evidence to your divorce attorney for safekeeping.  For more information about this or other divorce topics, see http://www.familylawwpb.com, or call for a consultation appointment 561 835 9091.

 

“He Said She Said” Not Enough In Divorce Court

by Robin Roshkind, Esquire, West Palm Beach, Florida
After filing for divorce in Palm Beach County, it is mandatory that the parties exchange financial information by way of proof.  This helps to settle divorce issues like alimony and attorneys fees, child support and division of marital assets and debts.

Each party must provide to the other things like tax returns, bank statements, credit card bills, pay check stubs or income statements, mortgages, investment and retirement accounts and the like.  Both parties are required to disclose this information under Florida Family Law Rule 12.285, which is commonly referred to as the mandatory disclosure rule.  In most cases, the court requires going back one to three years with these statements.

The court views these statements as the back up data to a parties’ sworn financial affidavit, perhaps the most important document in any divorce.  A divorce cannot be granted without one.  Proof of income is used for child support calculation purposes; to show need or ability to pay alimony and attorneys fees.  Credit card and other billing statements show debt.  Investment accounts, mortgages, and deeds to real estate show lifestyle of the marriage and determine equitable distribution schemes.

The paper pile tends to grow but merely standing in court and testifying as to your need, or lifestyle or debt is just not enough for the divorce court judge.  Your allegations must always be backed up by proof.  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.

If Your Marriage Is On The Rocks, PROTECT YOURSELF!

By Robin Roshkind, Esquire, West Palm Beach, Florida

Clients come in for a consultation for information.  They either are thinking about getting out of a bad marriage or relationship, or their spouse has mentioned something about a split.  I often get the question, how do I protect myself?

The first easy piece of advice is PHOTOGRAPH EVERYTHING.  That includes the cars, the boat, the grand piano, grandmother’s sterling silver, jewelry, antiques, paintings, and collections such as wine, coins, stamps, even the big screen.

The second easy piece of advice is PHOTOCOPY EVERYTHING.  The wine lists, coin and stamp logs, mortgages, car titles, deeds, corporate documents, bank statements, credit card bills,  income statements, tax returns, pay stubs, investment accounts, whatever you can get your hands on.

Drop the cartons of pics and copies off to your lawyer.  Don’t leave them in the trunk of you car!

Lastly, don’t leave car keys, wedding rings and other small valuables lying around the house.  They have a tendency to be “stolen”.  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 To Do About Interspousal Theft?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are thinking about divorce, you just never know if things will turn out amicable or nasty.  To protect yourself, I advise my clients to start photocopying every document they can get their hands on which shows money coming into the marriage or money going out.   This includes credit card bills, bank statements, income streams, pay stubs, tax returns, receipts and the like.

But sometimes divorces turn very nasty, and involve the theft or destruction of one’s property.  Yes, just like in the movies.   I advise my clients to remove all small valuable items from the home, like diamond engagement rings, which have nothing to do with the divorce, inherited jewelry, any small items of value that are separate property.

To protect expensive handbags, shoes, clothing, furs, artwork, silverware, fine china, antique furniture, cars, pianos, etc. , I recommend photos or videos to document what was there and in what condition.  That way, if your husband or wife were to go into the nasty zone, you have proof of what was there along with its condition for trial or for settlement.

Don’t take anything for granted.  It is easy enough to protect yourself and your property.  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.

How To Handle Debt In Palm Beach County Divorces

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are many forms of marital debt:  credit cards, mortgages, car loans, home equity lines of credit, business debt, and loans from parents and others.

It can be a complex exercise to equitably divide up the marital debt.  What if the couple have been living separate and apart for two y ears?  What if the marital home is under water in terms of loan to value?  What if one car is paid for and the other is not?

There are many issues involving debt and divorce.  The best advice I can give you is to know what your financial situation is and then consult with one of the divorce lawyers at ROBIN ROSHKIND, P.A. on how to resolve the debt issues in a divorce situation.  Call for a consultation at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

Marital Liabilities You Might Not Know About

By Robin Roshkind, Esquire, West Palm Beach, Florida

Your spouse may be getting you deeper into debt without your knowledge or permission!  You know about your mortgage, your HELOC, college tuition and the like.  But what you may not know can be harmful to your personal financial health.

Below is a partial list of some of the things you may be liable for without even knowing it:

1.  Your husband or wife purchased a new car on your good credit.

2.  Your spouse may be stockpiling things like socks, underwear, tennis outfits, shoes, running up department store bills on department store credit cards.

3.  Your husband or wife booked a vacation on your Amex or other card.

4.   Your husband or wife took and apartment and is furnishing it on your good credit.

5.  Your husband or wife is supporting a girlfriend/boyfriend, mother/father, or grown kids from another marriage.

6.   Your spouse may be secretly sending money out of the country to support extended family members.

These are just a few of many examples of marital debt you may be incurring without your knowledge and permission.  In divorce cases, it is important for your lawyer to ask the right questions to uncover the unknown.  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 http://www.familylawwpb.com  for more information.