What Is Temporary Relief?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Temporary relief includes any kind of relief for the “have not” spouse, to allow the spouse to live and pay bills, pending the outcome of divorce proceedings.  There is usually a temporary relief hearing before the judge, in the event that a court ordered and required mediation does not resolve in a global settlement of the divorce.

Temporary relief can include a court order on child support, time sharing, shared parental responsibility, alimony, attorneys fees, exclusive use and possession of the marital home, a partial division of marital assets and debts, and any other relief requested by the spouse, to allow normal household bills to be paid, and maintain the status quo pending any outcome in the divorce.  Temporary relief stays in place until further order of the court, or an agreement of the parties.  Temporary relief may or may not be precedent setting.  For more information about this or other divorce topics, call one of the Palm Beach divorce lawyers at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

The Difference Between A Simple Divorce and a Simplified Divorce

By Robin Roshkind, Esquire, West Palm Beach, Florida

There is a difference between a simple divorce and a simplified divorce that the lay person who is not a divorce lawyer would not know.

Some divorces are “simple” because the husband and wife agree to everything without futher negotiation, disclosure or court hearings to compel information.  These types of divorces go off without a hitch because both parties are on the same page as to terms, intensity, mind set, purpose.  They are the nicest, most amicable divorces created.

A Simplified Divorce is an entirely different animal.  It is a legal term of art, meaning that there is no marital home to divide, no marital stuff or property to divide, no children to provide for, no marital credit card debt, no mortgages, no car loans, no nothing to divide at all.  That is the meaning of a simplified divorce. 

Where it is only the marriage that needs to be obliterated, then the husband and wife can file for a simplified divorce. In Palm Beach County, Florida, both parties MUST be present at the final hearing on divorce to assure the judge that there are no children, no property, no assets, no debts.   

Most cases require a divorce in the normal course with marital assets and debts and sometimes children.  One of the parties has to be present at the final hearing in Palm Beach County.   For more information about 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.

Things You Can Waive In Divorce Court

By Robin Roshkind, Esquire, West Palm Beach, Florida

 There are certain things you can waive when going through the divorce process.  Why would you waive certain rights?  See below:

1.  SERVICE OF PROCESS.  You can sign a document waiving your right to be served divorce papers by a sheriff or a process server.  Then your spouse or his/her attorney can simply mail you the petition for dissolution of marriage.  It is less embarassing than being served at work, or at home in front of your family.  I often have the opposing side waive service of process when there is an amicable divorce.

2.  FILING AN ANSWER AND COUNTER PETITION.  You can waive your right to file an answer within 20 days or a counter petition for dissolution of marriage.  This speeds up the process, costs less money and where there is already a marital settlement agreement, it is unnecessary.

3.  RIGHTS TO MARITAL PROPERTY.  You can waive your rights to any marital property in order to get a settlement on the table.  It serves as an inducement.

4.  RIGHTS TO ALIMONY and ATTORNEY FEES.  You may be entitled to collect alimony and attorneys fees, but you can waive your rights and get more of the marital estate or less of the marital debt.  This is done in the marital settlement negotiations.

5.  RIGHT TO DISCLOSURE.  You or your spouse can waive your entitlement to extensive discovery of the family finances.  This saves time and money, especially if  you both know exactly what the marital assets and debts are.

One thing spouses cannot waive is YOUR CHILD”S RIGHT TO SUPPORT FROM BOTH PARENTS.  So if you are considering a divorce in Palm Beach County, Florida, and want 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.

Should You Forgive Him/Her???

By Robin Roshkind, Esquire, West Palm Beach, Florida

Should you forgive your spouse?  The lawyerly answer is ” it depends”.  Know your rights first.  Then you can make an informed decision as to whether forgiveness is easier or to move on is easier.  Consider the physical, mental and financial parameters.  Here’s how:

1.  Talk to a shrink.  Marriage counseling and psychotherapy can do one of two things: it can put the marriage back on track, or help with dismantling it.

2.  Talk to a lawyer.  Divorce lawyers can tell you what rights you may have if you stay or if you go.  We can also predict outcomes concerning the family finances and your obligations.

3.  Talk to an accountant.  There are tax ramifications of splits of marital assets and debts.

As with any divorce, there are physical, mental and financial stresses.  However, those may seem easier than forgiving and forgetting, or living every day in a lie.  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.

Collaborative Law…Will It Work For You?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If BOTH you and your spouse will agree to agree, to work out the terms of your divorce without court interception, then a collaborative divorce is for you.  A collaborative law divorce is less time consuming, less expensive, and less stressful for all involved.

The parties agree to stay out of court.  They have motivation to come to a settlement of all the divorce issues:  child care, time sharing, child support, holiday vacations, alimony, attorneys fees, division of assets and debts, what to do with the marital home.

It is especially relevant in today’s economy, where money is generally tight and the parties wish to proceed to divorce anyway.  Agreements are more likely to be adhered to, easier to come by, and fashioned in a economical way.   Both parties can economize by using one accountant, one therapist and two attorneys who are working together.  For more information about collaborative divorce, call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

When a forensic accountant is necessary in a divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

In some cases, divorce lawyers insist that our clients retain the services of a forensic accountant.  This accountant can help with putting forth your case when financial relief is sought in your divorce, whether it is alimony, attorneys fees or in equitable distribution of assets and debts of the marriage.

The job of a forensic accountant is to trace the flow on monies.

It is especially important to retain an accountant under the following conditions:

1.  When the major breadwinning spouse is self employed.

2.  When the major breadwinning spouse is the sole officer of a closely held Florida corporation.

3.  When the major breadwinner works for cash such as a landscaper or artist.

4.  When the major breadwinner is a sole proprietor.

5.  When the major breadwinner is a solo practitioner, either in medicine, legal services or the like.

6.  When there are equities and securities and many parcels of real estate to divide between the spouses.

7.  When rents are collected.

6.  Where appraisals are necessary, including investment quality artwork, diamonds, stamp collections and the like.

7.  Where equal value assets have unequal value tax ramifications.

So don’t be annoyed at your divorce lawyer when he or she asks that you retain the services of a forensic accountant.  It is usually for your protection.  For more information about this divorce topic or others, call one of the attorneys at ROBIN ROSHKIND, P.A.  at 561-835-9091 or click on the Firm’s web site at http://www.familylawwpb.com.

When Do I Tell My Spouse I Want A Divorce?

By Robin Roshkind, Esquire – West Palm Beach, Florida

I often get this question at the initial consultation with a client.  My answer does not depend upon whether the client believes the case will settle or go to trial.  My answer depends upon the circumstances of the marriage and current relationship of the parties.

1.   If the parties are still living under the same roof:  

I advise my client to not say a word about divorce until he or she can photocopy as much evidence of the marriage as possible.  This includes bank statements, credit card statements, tax returns, mortgages, deeds, loan applications, loan documents, promissory notes, car titles,  income statements, pay stubs, health insurance policies, life insurance policies, medical bills, brokerage accounts, and any other documents to prove lifestyle of the marriage.  Only after the client has set up in this manner would I advise a client to discuss divorce with a spouse.   If the situation is amicable, that is, BOTH parties know the marriage has failed and just want to get on with life, then the discussion should be about a COLLABORATIVE DIVORCE.  If, on the other hand, one party is hurt and angry, a spouse should protect himself or herself from a situation conducive to domestic violence.  See a lawyer and get the divorce papers filed as soon as possible.

2.  If the parties are already living separate and apart:

The husband and wife know that divorce is coming and that it is just a matter of time.  In situations such as these, I advise clients to have us file the divorce papers and simply serve the other spouse without any tip offs.  If a client has a conscience, and wishes to tell the other spouse “you will be served”, oftentimes the receiving spouse avoids service of process of the divorce papers just for spite.  Without service of process, or an opposing lawyer accepting service, there can be no divorce. 

A very important point to remember is that the filing date of the divorce papers is often used as a cut off date for marital assets and debts.  Once the papers are filed in the courthouse, each party is responsible for himself or herself.  Until then, you are married, and may share the marital debt.

For more information, see our Firm’s web site at www.familylawwpb.com or call Robin Roshkind, P.A. at 561-835-9091 for a consultation with one of our attorneys.  The Firm services husbands and wives of Palm Beach County, Florida.