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.

Wha Happens To “Stuff” In the Marital Home?

By Robin Roshkind, Esquire, West Palm Beach, Florida

When you are getting a divorce, what happens to the things you have acquired in the marital home.  It depends upon their value.  If you have priceless artwork and antiques, an appraiser should be called in to value all of the valuable assets.  Then once a value is placed upon such things, it has to be agreed upon by the parties as to what is marital and what is not.  If there can be no such agreement, then a judge will decide.  Provided all the valuable assets are marital, then the parties can agree as to who gets what piece, or if they can’t agree then everything should be sold at fair market value and the net proceeds split 50/50.

In more modest homes, where there is only used furniture and a big screen TV, the parties need to decide who gets what.  If that is not possible, then a judge will divide stuff equally down the middle or by preference. 

Where one party is granted exclusive use and possession of the marital home, oftentimes all the contents stays with that spouse, and the other spouse is given other marital assets as an off set of the value.  Of course, each spouse is to receive their own personal effects such as clothing, jewelry, cosmetics, tools, bicycle and the like.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, PA at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com.

Should You Move Out First Or File For Divorce First?

By Robin Roshkind, Esquire, West Palm Beach, Florida

I often get that question in my divorce consultations.  It is good that my divorce clients come in to see me BEFORE they take any action.  In that way, they are armed with information about what they should or should not do to protect themselves in divorce situations.

In Florida and specifically Palm Beach County, I advise clients to file for divorce first before they move out.  This is what I call erring on the side of caution.  Legally, you do not lose your property rights if you move out before filing.  However, where children are involved, I don’t like my clients to seem to act impulsively by upping the children for their own selfish reasons.

The court’s job is to protect children, and if it seems that a parent would displace a child, selfishly or impulsively, for less than legal reasons, say, domestic violence, that would not impress the judge who is dealing with what is in the best interests of the children.

Moving out does not effect your rights to your personal effects, cars, and real estate.  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.

Changing the locks…when is it legal?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Can a husband or wife be thrown out of the marital home?  The answer is “it depends”.  Certainly if there is domestic violence and the police are called, if they arrest one of the spouses, there is a no contact order put in place until a hearing before the court two weeks later.  The alleged perpetrator is immediately removed from the marital home.

If a spouse voluntarily moves out of the marital home, but his/her name is clearly on the deed, or the lease, as the case may be, the remaining spouse under the law cannot change the locks unless the moving spouse has all his/her personal effects and gives permission.  Under this circumstance, it is advisable for the moving spouse to take photos of the contents of the marital home before moving out.

Moving out of a marital residence, in the state of Florida, does not constitute abandonment.  In other words, if a moving spouse has a title interest in the leasehold or fee simple property, he/she does not lose rights by vacating.

In divorce cases, often a temporary relief court order awards a marital residence to one or the other spouse for exclusive use and possession of the marital residence, pending the divorce proceedings.  In that case, and with the court order, the remaining spouse can change the locks.  The moving spouse is allowed access to get personal property from the home, often accompanied by a police officer and by appointment with the remaining spouse.

For more information about changing the locks or other divorce topics, call on 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.