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.  

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Making Out of State Divorce Decrees Enforceable In Florida

by Robin Roshkind, Esquire, West Palm Beach, Florida

Many couples get divorced in another state and then one of the parties moves to the State of Florida, oftentimes with the children.  This causes a situation in which the time sharing or other terms of the original “out of Florida” divorce must be changed.   The methodology Florida divorce lawyers use to accomplish this is called “domestication of a foreign judgment”.  What that means is that the out of Florida divorce decree has to be domesticated in the State of Florida, and then it can be modified or enforced. 

If the children relocated to Florida, then Florida becomes the home state of the children.  Out of state decrees MUST be domesticated in Florida where the children are subjected to the Florida jurisdiction, in order for a divorce decree to be changed.

Modifications of divorce decrees in general require a substantial change in circumstances.  Then if the divorce parents cannot agree, the judge has jurisdiction to modify the terms of time sharing and child support in keeping with the new circumstances, and what is in the best interests of the children.  For more information about this or other divorce topics, please 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.

 

BAD MARRIAGES GET WORSE DURING THE HOLIDAYS

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you’ve married for love and the love has run out…or you married for money and the money has run out, changes are, you and your husband or wife are not the happily married couple everyone thinks.  With the holidays upon us, it can be especially difficult to keep smiling and pretending.

There are all sorts of marital stresses during the holidays.  First, consider the now very common blended families.  Children and ex spouses from another lifetime suddenly appear at your dining table.  Time sharing squabbles, airline delays, and disputed schedule changes are hard enough, but during the holidays, they all seem to magnify.

Second, consider the family budget. With the current state of the economy, holiday spending is a hot topic of dispute.  Even something so simple as when and where to shop can become major wars in a household already on edge.
Third, no rest for the weary takes the place of sexual intimacy in front of the fireplace.  Forgive me for being a grinch, but let’s get real here.  You do have a house full of people, right?

Lastly, closing out the year and having high hopes for the new year causes one to reflect.  Like those new year’s resolutions, if divorce is one of your aspirations, I am here to help get you through.  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 for more information.

Your Divorce Is Public Record!

by Robin Roshkind, Esquire, West Palm Beach, Florida

You may not be aware of this, but your friends, private investigators, nosy neighbors, future husbands or wives, and complete strangers can have access to your final judgment for divorce and more, to be found right there in your court file.  Anyone can see what assets you get or give away in your divorce.  Anyone can see how many children you have, how many homes you have, how many cars you have and what debts you walk away with…it’s all right there for the looking and available to anyone who cares to see right there in public view.

Things that are protected from prying eyes of the world include bank account and credit card numbers, social security numbers, children’s names and birthdates, adoption records, mental health and other health records.  These are privacy protected by the court system.

However, all pleadings in your divorce matter and all allegations made in court documents are on public view, no matter which party makes them.  So if you are going to call your husband or wife a liar and psychopath, or a child molester, you may want to think about the effect on the children in the future.  Financial affidavits, like arrest records, are also public record.  Financial affidavits list everything from
 a person’s monthly dry cleaning bill to rent or mortgage payments.

Perhaps the most damaging or privacy invasive court document available for the world to see is the final judgment of divorce or the marital settlement agreement.  These are very detailed documents which set forth marriage and divorce details you might not want your neighbors to know.  Unfortunately, it is in rare cases that certain documents can be kept out of the court file.  If you want more information about your particular case, 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.

Holidays are over…time for your future!

by Robin Roshkind, Esquire, West Palm Beach, Florida

It is time to think about your future…that is what New Year’s resolutions are right?  To lose weight, to make more money, to be nicer to the kids.  We all have unrealized expectations.  But you don’t have to stay in a bad marriage, and furthermore, you don’t have to wait for your spouse to do something about it first.  Take control of  your life, your finances, your future.

Speak to me or another divorce lawyer for INFORMATION.  Then you can make intelligent decisions about whether to stay or divorce.  If you take an affirmative step to control our own destiny, your future will fall into place.

For more information about divorces in Palm Beach County, Florida, 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 .

All I Want For Christmas Is A Divorce!

by Robin Roshkind, Esquire, West Palm Beach, Florida

It is on many couples’ wish list.  But several couples are afraid to admit it.  The marriage is over.  That’s harsh!  Especially during the holidays.  We don’t want to spoil it for the kids, the family, ourselves, etc.

But when the holidays are over, the left overs eaten, the tree out with the garbage, and decorations put away and the undesireable gifts returned, what do you have left but a broken marriage and being attached to someone you cannot stand.

Do something about it in the New Year.  Take a proactive role in your future.

For more information about divorce and divorce topics, procedures, laws 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.

A Divorce Can Jump Start Your Life

By Robin Roshkind, Esquire, West Palm Beach, Florida

A divorce can and often does jump start your life…instead of looking at a divorce as a failure, as many have a tendency to do, look at divorce as a positive beginning.  You are taking an affirmative step to get out of a bad situation.  Divorce can be like bankruptcy…a reorganization of your life. 

Here’s what you will need during or after your divorce:

1.  Do some estate planning and eliminate your spouse from your will, trusts and other estate planning documents.

2.  Reevaluate your life, health, accident, disability, car and long term care insurances.

3.  Get some tax advice either during divorce settlement talks or immediately thereafter.

4.  Same for financial advice…what to do with your settlement funds.

5.  If you want to go back to school or to work, seek the advice of a vocational counselor.  This is a must if you are asking for rehabilitative alimony and a must if you are planning a professional future that you don’t already have.

6.  See what your real estate investments are really worth to you… evaluate a refinancing or a purchase or a sale, or even becoming a landlord by renting out your property.

7.  Get yourself some psychological counseling.  This will help you with the transition from married to single.

Overall, you have a new you.  With the right attitude you will see how much you can accomplish.  For more information about the divorce process or if you are thinking about getting a divorce 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.