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.

 

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Lies Husbands and Wives Tell

by Robin Roshkind, Esquire, West Palm Beach, Florida

It’s no secret that spouses keep secrets from each other.  Some are more severe than others and many involve extramarital affairs.  However, there are lies that are told, that can literally cause a divorce.  Here are some of them:

1.  Lying about a gambling problem or spending money on drugs.

2.  Lying about trust fund checks, secret bank accounts or other income.

3.  Lying about being fired from work.

4.  Lying about past debts like unpaid credit card bills or student loans.

5.  Lying about getting a big bonus or raise.

6.  Lying about supporting a former spouse or former girl friend or boyfriend.

7.  Lying about having kids from another relationship.

8.  Lying about paying household expenses when they are in fact not paid.

9.  Lying about lottery winnings, and online or TV shopping addictions.

These lies break the trust between a husband and wife.  They also cause real problems with bill paying, and wreak havoc on family finances.  If you are the victim, you may be better off single.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 8335 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

A Discussion About Divorce Attorneys Fees

by Robin Roshkind, Esquire, West Palm Beach, Florida

Friends, neighbors, co workers and family members are all well meaning in giving divorcing couples lots of advice.  But when it comes to attorneys fees, there are two schools of thought.  The first is, If you are the major breadwinner, not only will you pay for your own divorce lawyer, you may have to pay for your spouse’ divorce lawyer too.  The second opinion is, If the incomes are about the same, each party pays for their own divorce lawyer.  This is not totally true.

Where incomes are greatly divergent, the “have not” spouse can motion the court for the other spouse to pay his/her divorce lawyer.  The court may grant the entire amount or a fraction of the amount, depending upon one spouse’ need and the other’s ability to pay.

If the parties are relatively equal in assets and incomes, chances are each pays for their own divorce.  Where there is a catch, is in the Florida case of Rosen v. Rosen, which is based upon the premise of egregious litigation.  If one party causes vexatious litigation unnecessarily, that party will pay a portion or all of the divorce lawyers fees for the other party’s divorce lawyer for unreasonably prolonging the agony.  The operative word here is “unreasonably”.

If a party is merely exercising one’s right to documents, therapy or whatever, they are entitled to do that.  However, if the litigation draws long, due to UNREASONABLE actions, such as with holding information, judges will recognize this upon evidence presented, and grant attorneys fees to the wronged party.

If you would like 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.

 

 

Who Gets Tax Refund In Divorce Proceedings

By Robin Roshkind, Esquire, West Palm Beach, Florida

It is tax refund time, and for those of you in divorce proceedings, this becomes just one more thing to fight over.  If there a joint tax return was filed, the refund likewise, will come in the form of a check made out to both the husband and the wife.  In an ideal world, the refund proceeds should be split 50/50.  However, it gets complicated, if during the divorce proceedings, one spouse has made payments on behalf of the other and the other now owes the payor monies. 

The good news is the check will require two signatures.  If you are not happy about the way the disbursement is going, you have the power not to sign the back of the check until a judge disposes of the issue.  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. 

Negotiating The Terms Of A Marital Settlement Agreement In Divorce

by Robin Roshkind, Esquire, West Palm Beach, Florida

Generally speaking, the divorce issues that need to be dealt with include as follows: alimony or spousal support, attorneys fees and costs, mediation fees, declaring what property is marital and what is non marital, fairly dividing up what is marital property and personal property, and dividing up marital debt, then declaring what is not marital debt. There is also the issue of the marital home and other real property, as to who will buy out whom, or will the properties be rented, or listed for sale and what happens then.  

Aside from these financial issues, are children’s issues, which include as follows: time sharing to each parent, child support worksheet calculations, shared parental responsibility or sole parental responsibility on certain decision making, (who will do homework), a parenting plan, schooling, religious training, counseling, and whether a parenting coordinator will be beneficial to facilitate the matter between the parties. 

All of these terms go into a 30 or so page document called a marital settlement agreement.  This agreement is agreed to and signed by the parties and becomes part of a final judgment of dissolution of marriage. 

As anyone can imagine, with all that there is to decide, two divorcing people will have a hard time.  That is where lawyers, accountants and shrinks come into the picture.  With knowledge about the possible ruling from a judge under the law, the team of experts guide the parties.  They can either negotiate in good faith and reach a resolution no one likes but everyone can live with, or the judge will decide their futures by enforceable court order.  For more information about this or other divorce topics, call one of the lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

What IS A Parenting Plan And Why Are They So Good?

by Robin Roshkind, Esquire, West Palm Beach, Florida

A parenting plan is a legal document that the mother and father work on together, by agreement of the parties, which lays out, IN DETAIL, any arrangements the parties have between themselves concerning the parties’ minor children. Parenting Plans become enforceable court orders.

This document can deal with time sharing, what days or weeks each parent has time with the child/ren; it can deal with where the pick up and drop off is going to be and when; it can deal with what happens when the child/ren is off from school for a holiday or teacher/parent day;  it can deal with who gets Christmas eve and who gets Christmas morning.  It governs vacations, leaving the country, visiting grandma, who holds the passports, medical issues of the child/ren, return of clothing, which doctors are agreed to, therapy and counseling, who takes the child/ren for haircuts, dentist, check ups, and just about anything else.

The advantage to divorcing parents or Former Husbands and Former Wives in having a parenting plan, is that it is SPECIFIC and DETAILED.  It also becomes an enforceable court order.  Divorcing parents can issue a parenting plan by agreement, or the judge can decide what is in the best interests of the child/ren at trial. The specificity of parenting plans helps parents avert the difficulties if parties cannot agree on issues later on down the road. 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.

Do You Have A Spiteful, Vindictive Spouse???

By Robin Roshkind, Esquire, West Palm Beach, Florida

You are going through a divorce.  You are the one who wants out.  You have a spouse who it hurt, and as a result is spiteful and vindictive.  You want to settle the divorce issues and move on, but he/she is more interested in getting even.  What to do?

I face this question nearly every day in the 13 years I have been a divorce lawyer in Palm Beach County.   You have few options:

1.  Get into marriage counseling or therapy together immediately.

2.  Offer much more than his/her share of the marital estate to get the deal done.

3.  Meet any other demands, such as relocation, giving the marital home, or other “unfair” requirements just to move on.

4.  Stay and fight it out in court.  A judge will see the emotion at trial and will simply follow the law.

With spiteful, vindictive spouses, chances are there will be domestic violence or destruction of personal property.  Be sure to protect yourself from both situations.  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.