Do You Have Right To Keep Husband’s Name in Divorce Proceedings

by Robin Roshkind, Esquire, West Palm Beach, Florida

Divorce brings many changes, financial, emotional, and physical.  Two areas of testimony at final hearing in Palm Beach County divorces are as follows:

1) The judge will ask if the wife is pregnant.  This is to protect any unborn child of the marriage.  Once the birth takes place, medical care and child support will have to be instituted by court order.

2) The judge will also have to ask if the wife wants her name prior to the marriage to be restored.  It is up to the WIFE not the husband, as to whether or not she keeps her married name after the divorce is final.

In some cases where there is a famous name involved, or a high asset divorce, the husband may negotiate a price or reimbursement to the wife to drop the name.  It is again her choice.  There is no law in the state of Florida that requires the wife to change her name.

For more information about this or other divorce topics in 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 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.

What Is The Role Of Appraisers In A Palm Beach Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In my practice, I have had the ocassion to recommend that my clients use appraisers for various purposes.  Most of these divorce cases are high asset divorces, marriages of substantial wealth, whereby the husband and wife are disputing who gets what out of the collection of homes, boats, watches, stamps, antiques, serious artwork, wines, and just about anything else of value.

In distributing the spoils of a high asset marriage, either the husband and wife have to agree as to what something is worth, and then divide the assets according to equalizing value,  or they can agree to ignore value in favor of preference.   If the husband must have his gun collection, and the wife must have her four sets of bone china, the parties can simply agree to that.  Where appraisers come into play is when there is fighting over the assets and they are asking the judge to equitably distribute the marital property.

Country club memberships, frequent flyer miles, unimproved land, coins are also up for grabs, as is sterling silver, antique silver, jewelry, cars, and anything of value that must be distributed as a result of the divorce.

Generally, appraisers fall into the following categories:  real estate, jewelry, furniture, antiques, cars, boats and other vehicles, stamps and coins, and artwork.  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.

What To Do If You Catch Your Spouse CHEATING???

By Robin Roshkind, Esquire, West Palm Beach, Florida

I get this question all the time in my practice.  You really only have two options: you look the other way and enjoy life, or if you are not enjoying life, you file for divorce.  Florida is a no fault state.  Spouses can and do cheat.  It’s how you react and what you do or how your spouse reacts and what he/she does that determines the future.

If the cheating takes on a serious turn, the cheater may file for divorce.  Or the innocent spouse may file first, depending upon emotions.  But what I see more and more, it is not the cheater filing for divorce, but rather the innocent spouse.  The cheater generally likes things just the way they are.

The innocent spouse should gather photographs, documents, copies of everything financial, store small valuables like jewelry off premises, and spend time preparing for the other spouse to know you are angry…angry enough to file for divorce.  Sweetness helps to garner information, and often the cheater will brag to the spouse how amazing life is.  Let them talk, all the while finding out who the other person is, where he/she lives, and other forthcoming information.   Information turns into amunition.  Especially when you have all the information to give to your private investigator to determine if your spouse is dissipating marital assets on the paramour.  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.

Postnuptial Agreements Have Two Purposes.

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are two major reasons for doing a Postnuptial agreement.  First, if done after the wedding, say in the first year of marriage, the postnuptial agreement can reaffirm the prenuptial agreement and all its terms.  It adds a second layer of protection to the prenuptial agreement, making it that much harder to prevail in a challenge down the road.  Postnuptial agreements can also modify prenuptial agreements by changing some of the terms, now that the marriage has taken place.

Postnuptial agreements can also serve as separation agreements where a divorce is not imminent.  It gives the parties a sense of control over separate assets and debts, during a time when the husband and wife may be trying to figure out whether or not to divorce.  Postnuptial agreements can be viewed as separation agreements, or marital settlement agreements should a divorce be filed in the court.

The subject matter of the postnuptial agreement can be anything from asset and debt division to who pays for what household expenses, or what happens to a spouse if he/she gets caught cheating.  They are valid, enforceable agreements if signed under the proper circumstances.  For more information about 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.

How Do The Wealthy Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

As the expression goes, the rich ARE different…and so are their divorces.   First, there is much more money available to spend on divorce lawyers.  Secondly, there is more to fight over.  Thirdly, spouses have a holier than thou mindset, with the wives being a lot more savvy than the rest of the world’s wives.  That’s  highly likely how they got here in the first place.

But perhaps the biggest difference in divorces amongst the rich, is the prenuptial agreement.  It is generally air tight, often challenged, and to no avail.   If you have assets, or are marrying someone who does, don’t get married without one.

Prenuptial agreements can control almost anything between the parties, from the amount or type of sex the couple will have to who will walk the dog at night.  The  exception is children’s issues.  That is entirely up to the courts.  And based upon the best interests of the child at the specific time.   But for everything else, the prenuptial agreement sets forth the terms of  marriage and divorce up front and without mistake.  And at least 30 days before any wedding.  If you are considering marriage or divorce in Palm Beach County, call one of the divorce lawyers at ROBIN ROSHKIND, PA first, at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

High Asset Divorce Cases Need Special Attention

By Robin Roshkind, Esquire, West Palm Beach, Florida

There is a saying that the rich are different.  In divorce cases, the same holds true.   Wealthy divorcing couples have more to fight over.  There may be a family business, huge stock options, priceless paintings, several homes, expensive cars and jewelry and a whole lot more debt.

It often takes ancillary professionals to join the divorce lawyers on the “team”.  Professionals including accountants, financial planners, appraisers, real estate experts, business valuations all need to be considered in the equitable division of assets and debts.

Complex marital estates are often the cause for the break up in the first place.  There is more to argue over.  If you have a sizeable marital estate and are thinking about divorcing in Palm Beach County, divorce planning may be just what  you need.  Call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 for more information or click on the Firm’s web site at www.familylawwpb.com for more information.