New Year Time To Divorce?

New Year Time To Divorce?.

All I Want For Christmas Is A Divorce. How Do I Get One?

by Robin Roshkind, Esquire, West Palm Beach, Florida

You start by taking stock…of your situation, your family finances, your assets and your debts.  Educate yourself as to your spouse’ income, his/her spending, and whereabouts.  Then pick up the phone to a divorce lawyer.

Once you have a good idea of the value of your house, your stock accounts, your incomes, get your hands on your tax returns, bank statements, credit card bills, mortgage papers, loan applications, insurance documents, estate planning instruments, and anything else that evidences money. 

Remember in Florida, there is no fault divorce; there is equitable distribution of marital assets and debts, and there is premarital property that may or may not have been comingled.  There is also permanent alimony, durational alimony, bridge the gap alimony, and no alimony.  There is child time sharing, child support, shared parental responsibility, or sole parental responsibility. 

There is money for attorneys fees and costs, or not.  There is mediation and settlement, or trial.  There are depositions, mandatory financial disclosure, and penalties for not producing financial disclosure.  Divorce is a process, but in certain circumstances, it is the best gift you could ever give yourself.  You don’t need his/her permission to get a divorce in this state.  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 for more information.  

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.

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.

What Is A Social Evaluation And How Is It Used In Divorce Cases?

By Robin Roshkind, Esquire, West Palm Beach, Florida

A social evaluation is a home study conducted by a court appointed social worker to visit you in the home to see how you and the children live and relate to each other.   It is court ordered upon motion, usually filed in custody battles, where one parent wants sole custody and for the other parent, supervised time sharing and no decision making.

Social workers will visit each parent’s home with the children and write a report for the judge based upon observations, knowledge of the physical residence, interviews and expertise in such matters.  The social evaluator will make recommendations to the court as to what is in the best interests of the children.

The judge will rely upon this report. Opposing counsel will have an opportunity at the trial to cross examine.  And the best interests of the child/ren will be determined by court order.  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.famlylawwpb.com for more information.

Do I Have To Appear In Person At Court Hearings?

By Robin Roshkind, Esquire, West Palm Beach, Florida

When you are in divorce proceedings in Palm Beach County, Florida, there are some circumstances when you do not have to actually be present in the courtroom for a court hearing.

In routine procedural motion hearings, where lawyers debate procedural issues such as disclosure deadlines, specific documents to be disclosed, deposition scheduling, compelling mediation, and other procedural issues, the parties need not be present in the courtroom at these hearings because there will be no testimony or evidence taken.  These hearings are just arguable by the attorneys who advocate for your position.  The judge makes a ruling.

For other types of hearings, where evidence and testimony will be taken by the judge, depending upon what the subject matter at issue is, you MAY be able to be present by telephone.  This is called a telephonic appearance.  However, you have to get permission to appear by telephone in advance by filing a motion for a telephonic appearance, AND you have to have a good, valid, legal reason to do so, which needs to be stated in your motion before the judge will grant it.

For divorce trials, both the husband and the wife have to be present in the courtroom.  For uncontested final divorce hearings, only one party need be present in the courtroom.  For more information about Palm Beach County Divorces, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site for more information at http://www.familylawwpb.com.

The “Embarassment” of Divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

A long time ago, divorce used to be a vehicle for the glamourous movie stars of the 1940s and 1950s.  Today it occurs throughout every socioeconomic level.   People tend to view divorce differently, depending upon their upbringing, religion, spirituality, culture and whether or not they are liberal or conservative.

Some see divorce as a vehicle for growth, self awareness, independence, and freedom.

Some see divorce as a failure, a shame, something not to be talked about.

Whatever your individual perspective, keep in mind that marriage is a legal institution, a legal relationship.  Along with it come rights, obligations and privileges.  The same holds true for divorce.  It is a legal entity or remedy.

As in any legal relationship, the parties are bound by contract, in this case the marriage contract.  If there is a breach, the remedy is divorce.

The sub issues are children of the marriage, money of the marriage, mental health, domestic violence and the like.  All are considered in the family court, which is a court of equity, or fairness.  In Florida, there is no right or wrong, only a husband and a wife who wish to not be married any more.  What happens to their relationship is usually up to them if they settle their divorce, or up to the judge if they can’t settle.  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 http://www.familylawwpb.com.