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.

Can You Talk To Your Spouse During Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Can you talk to your wife or husband while divorce proceedings are ongoing?  The answer is, it depends.

Normally if both parties have divorce lawyers involved, it is best to talk to your lawyer and have your lawyer talk to your spouse’ counsel.  That way, nothing falls through the cracks…there can be no misunderstandings…and issues get documented.    Granted, this runs up your legal bills, but it is better to let the lawyers handle it and also be the fall guys.

Certainly, if there is mental or physical abuse, a paramour involved, vindictiveness, anger, mental health issues of either or both parties, or any kind of stress between the two of you, ALWAYS talk to your lawyer and not your spouse.  On the other hand, if you and your spouse are amicable, you can talk to your spouse, but be sure to document the conversation, and inform your lawyer of any conversations.  On no account are you to sign any agreements, even if on a cocktail napkin, without your lawyer’s approval. 

In normal cases, spouses are directed to communicate with each other regarding the children but nothing else. 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.

Divorcing Parents of Special Needs Children Have Additional Issues To Deal With

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are a divorcing parent of a special needs child, you know that you face additional challenges in time sharing, expenses for the child, and work related schedule changes.

The parent who is the primary caregiver of a child with autism, ADHD, birth defects, mental health issues, or who is otherwise a chronically ill child,  has special needs of their own that are unique to caregivers in these situations.  For example, the caregiver parent has to arrange his or her work schedule around the child’s counseling, physical therapy, and babysitting.  The parent who is the child support payor has got to recognize that a special needs child comes with additional expenses such as medications, special tutorials, classes and day camps. 

The child support guidelines and Florida Statutes take into account a deviation from them for a special needs child.  But what Florida laws do not directly take into account is the special needs of a caregiver/parent of a special needs child.  If you have effective counsel, he or she will present the case in its totality of the situation when going to court for child support, alimony and deviations of the child support guidelines.  For more information on this or other divorce topics, consult with 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 for more information.

Older divorcing couples have special concerns.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Health issues, social security, retirement, loss of income,  insurance issues,  medicare, and house issues all effect the older divorcing couple in a different way than that of younger marrieds.

I have done divorce cases of octogenarians, and with the advent of viagra and its progeny, we divorce lawyers are seeing more and more of these types of cases involving long term marriages of the elderly.  Couples who have accumulated assets, properties, children and a history together require a special type of lawyer who understands the hopefulness of the party wanting the divorce, and the hopelessness of the spouse who does not.  

Mental deficiency is often blamed for the spouse who wants out.  A lawyer must ascertain that the divorcing party (as well as the other spouse) has the capacity to understand the ramifications of the divorce.   Oftentimes, adult children are involved, and where there are blended families, this too can get complicated, because everybody has an opinion.

For more information about older divorcing couples, please 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.

You may need a divorce TEAM to play your hand…

By Robin Roshkind, Esquire, West Palm Beach, Florida

The divorce process can be more complex than most people think especially when there are children and lots of debts or assets to “discuss”.  Other factors that complicate a case is domestic abuse, hidden money, affairs, mental illness, drug or sex addiction, alcoholism, gambling, income producing real estate, time shares, a business, and frequent flyer miles. 

Divorce cases that have multiple issues are best tried with a team behind you.  The team can include a CPA to trace assets, evaluate businesses, determine real income; a psychologist or THERAPIST to determine what is in the best interests of the children, or to help you deal with the pressures of divorce; a PSYCHIATRIST for extreme cases of addictions, bi polar behavior, and medications; a trained MEDIATOR to facilitate settlement negotiations; a TAX ADVISOR to project tax ramifications of settlement offers;  an INSURANCE PROFESSIONAL to guarantee support payments; a FINANCIAL PLANNER or investment advisor to help you get back on your feet after divorce;  a REALTOR to list or appraise the marital home;  an APPRAISER to value jewelry, artwork, antiques; and of course, your DIVORCE LAWYER to guide you through the court system and the entire process legally. 

Not all cases require all professionals and every case is different.  But when people ask me why a divorce is so expensive, it is because various expert witnesses are needed at a trial, or in preparation for settlement talks.  It is much better to have THE TEAM on your side than to go up against one.

For more information about this or other divorce topics, 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.

Mental Health Issues in Divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are many issues in divorce that can be affected by one or the other spouse’ mental health.  The following is a list where mental health issues can determine and outcome of the case here in Palm Beach County, Florida:

1.  Custody battles.  The job of the court is to determine the best interests of the child/ren.  If a spouse is bi polar, clinically depressed, has anger management problems, eating disorders or suffers from alcohol or drug addicition, chances are likely that the other spouse will get much greater time sharing with the children.  The spouse suffering from mental health issues may get limited or supervised visits.

2.  Alimony.  A non breadwinner spouse with mentalhealth issues may get more in an alimony award for rehabilitation purposes as a special needs spouse. 

3.  Dissipation of marital assets.  A spouse who is a compulsive gambler will be accused of dissipating the marital assets, and as a result, will get a smaller piece of the marital pie in divorce court.

4.  Unfit to parent.  A spouse who abuses prescription medications may be seen by the court as an unfit parent.  Ditto for a spouse who returns the children in a dirty, hungry, neglectful  state. 

5.  Domestic violence.  A spouse who goes into a violent rage, destroying marital or separate property will be awarded less in equitable distribution of property.

Anyone suffering from these mental health afflictions should seek the help of a professional counselor for the benefit of the entire family and for him or her to be able to better cope with divorce and life in general.  For more information about this or other divorce topics, click on the Robin Roshkind, P.A. website at www.familylawwpb.com of call for a consultation appointment with one of the attorneys at the Firm at 561-835-9091.