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.

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What Is A Complex Divorce?

by Robin Roshkind, Esquire, West Palm Beach, Florida

A complex divorce is one in which there are many issues to resolve and the Husband and Wife are anything but agreeable.  It could involve many real estate properties, tax issues, a privately held corporation or several closely held businesses, marital assets in several states, trust assets, split siblings or special needs children, assets or businesses that need valuations, and supplemental issues including vocational studies, custody battles, an unfit parent, off shore bank accounts and the like.   Complex divorces can also include bad behavior including adultery and the dissipation of marital assets due to outside relationships, gambling, drug or alcohol use or uncontrollable shopping or other mental health issues.

The more complex the marriage, the more complex the divorce.  The more a couple has to fight over, generally the more complex the divorce.  This type of divorce usually turns ugly and requires the use of a divorce team.  This team includes psychologists or psychiatrists, appraisers, private investigator, real estate agents, CPAs, estate planning attorneys, corporate attorneys, tax attorneys, and of course the divorce lawyer.   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.

If You’re In Abusive Relationship, Get Out Now

By Robin Roshkind, Esquire, West Palm Beach, Florida

Although I am a divorce lawyer in Palm Beach County, Florida, I often think I could have been a therapist.  In dealing with legal issues of divorce matters, I often counsel my clients to help them to feel better about their decision , because divorce is not easy under the best of circumstances.

If you think you are being abused in your marriage, your recourse is 1) to get counseling to fix the problem, or 2) get out before the situation escalates.  Here are some tips to determine whether or not you should file for divorce immediately:

1.  If your spouse isolates you from friends and family.

2.  If your spouse is verbally demeaning, puts you down in front of people (even your children),  ridicules you, constantly critisizes at every turn, you can never do anything right,  bullies you, or purposely embarrases you.

3.  If your spouse blames everyone (mostly you) for all of his/her bad fortune.  It’s never his/her fault.

4.  If your spouse is jealous of you, what you do, who you are with, your time away from him/her.

5.  If you have a parent/child or master/servant relationship and you are the child or servant, you are being abused.

6.  If your spouse threatens you with leaving, hurting you or your children, cutting you off financially, or uses fear to control you, time to flee.

7.  If your spouse is an addict of any kind, i.e. illegal or prescription drugs, alcoholic, sex, shopping, gambling, internet surfing, or any other addiction, it is at YOUR expense emotionally.

8.  If you catch your spouse cheating on you or spying on you.

9.  Of course physical violence is the holy grail of abusers.  Get out while you still can before anyone gets hurt.

For more information about 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.

Addictions And Divorce Law In Florida

By Robin Roshkind, Esquire, West Palm Beach, Florida

When a husband or wife has an addiction, often times spouses look the other way.  Until a divorce is in progress.  There is a legal significance to addictive behavior in the State of Florida.

It does not matter whether the addiction is to alcohol, drugs, sex, shopping, anger, gambling, job hopping, collecting, hoarding, or any other addiction.  In Florida divorce courts, it all comes down to marital money, marital waste, or what’s called dissipation of marital assets.

For example, if your husband has squandered money in Vegas, you have a claim for dissipation of marital assets.  Or if your wife spends endlessly at the mall, you have a claim for dissipation of marital assets.

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.

Can A Divorce Court Judge Force The Sale Of The Marital Home?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The answer is yes…if the parties cannot agree between themselves what to do with the marital home, the divorce court judge can order that the marital home be sold in the prevailing marketplace, and at fair market value, with the net proceeds, if any, split between the parties, as well as any dificiencies.  Usually the split is 50/50, but there are certain circumstances under which the divisionof net proceeds or dificiencies may be unequal.

For example, if the wife proves in court that the husband has spent substantial amounts of money on a paramour, or gambling habit, or drugs.  This is called marital waste or dissipation of marital assets.  Another example is where a spouse sold a home prior to the marriage and then used those funds to purchase the marital home, when the marital home sells, the spouse gets that premarital money off the top before a distribution.  In other words, where the case calls for an unequal split of the  marital estate, the net proceeds or dificiencies from any sale of property may be less than equal.

There are several other ways in which a marital home can be dealt with in divorce court.  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 www.familylawwpb.com for more information.

Misconceptions About Divorce In Palm Beach, Florida

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are many myths and misconceptions about divorce in Palm Beach County, Florida.  One of the most common is that the judge is concerned about why the marriage broke down.  The judge doesn’t care about  punishing a cheating spouse.  Since Florida is a no fault state, the job of the judge is only to divide the assets and debts of the marriage in an equitable fashion and protect any children of the marriage.  Only where there is significant and substantial economic misconduct in a marriage, such as gambling or drugs, or spending large sums on a paramour, will the judge address a deviation from a shared split of assets.

The second misconception is that everything should be divided equally.  Equitable distribution of assets and debts does not necessarily mean equal to the penny.  There are many statutory factors a judge must consider and he/she must also make certain findings about the facts of the marriage in doing an equitable distribution scheme.

Another misconception is that divorces must go to trial.  More than 70% of Palm Beach County divorce cases settle in mediation or prior to mediation.  While it is true that all parties to a divorce in Palm Beach County, Florida MUST go to mediation at least once to attempt a settlement, most cases settle there.  The mediator and lawyers indicate what the outcome will likely be if a particular case is tried in the courtroom, and the parties can settle based upon that.  It is far cheaper and the results will likely be similar. 

Remember, it is always better to have a divorce lawyer to advise you.  Sometimes, you also need tax advice from a tax advisor, and in cases where there are children involved, therapists and other professional are advised.  If you are thinking about getting divorced 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 www.familylawwpb.com for more information.

What Is Dissipation Of Marital Assets Mean?

By Robin Roshkind, Esquire

In Florida, assets and debts of the marriage need to be equitably distributed when a husband and wife divorces.  That does not mean 50/50 split like in California…Florida is an equitable distribution state, while some states, like California, are community property states.

In equitably distributing the assets and debts of the marriage, the court must find out what is a REASONABLE split between the parties.  In so doing, the court can consider what is marital, what is non marital, what was brought to the marriage, and what was frivolously spent during the marriage.

A dissipation of marital assets claim can include things like excessive gambling, drinking, drug use, shopaholic tendencies, supporting a paramour, any habit where excessive marital funds or assets were used by one spouse to support his/her habit to the detriment of the marriage.

An equalization payment from some other marital asset will be used to off set the dissipation for the benefit of the innocent spouse.  For more information about this or other divorce topic 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.