Staying Married for the Right Reasons?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In the good ole days, (the fifties and sixties) the majority of couples used to fall in love, get married,then have sex and ultimately children.  The “normal” marriage age was around 21 years old, after the boys came back from war or graduated from college and could afford to support a wife and a family.  Fast forward to 2013, where 40 is the new 20.  There are all sorts of reasons couples get married or stay married today.  Love may not one of them.

Here are our modern day legal reasons to get married or to stay married: for a nice lifestyle and financial security; for marital rights to an inheritance; for marital rights to have health insurance coverage; for immigration reasons and a green card sponsorship by the American husband or the American wife; for companionship and the concept of growing old together…translation: someone to take care of you in your old age.  Last, but not least, taxes!

It is common knowledge that men trade love for sex and women trade sex for financial support.  But the good news is that is all changing, as the reasons to marry or stay married are expanding.  Legally speaking, of course.  When you sit down to think about it, marriage laws served their purpose in the good ole days.  Marriage laws still provide the shield, but they also provide the sword.  For more information about marriage and divorce, 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.

Advertisements

Main Breadwinner Should Keep Status Quo In Divorce Proceedings

by Robin Roshkind, Esquire, West palm Beach, Florida

By filing for divorce, changes are imminent.  However, after filing, if the husband and wife are still living together, and there is one party who is the main breadwinner of the family, it is wise for that spouse to keep the status quo in terms of bill paying.

In other words, if there is a doctor/husband, and a stay at home wife/mother, the husband should continue to pay what he has in the past, i.e. mortgage, health insurance, household bills, car payments, whatever.

If the major breadwinner of the family cuts the family off financially, should the matter get before a judge, the judge will see the spouse as a wrongdoer…and will award the other spouse temporary relief pending the proceedings.

You should not stop paying for things like health insurance payments, mortgage payments, utility bills, taxes and insurance, HOA fees, and the like simply because a divorce is pending.  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.

How To Handle Debt In Palm Beach County Divorces

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are many forms of marital debt:  credit cards, mortgages, car loans, home equity lines of credit, business debt, and loans from parents and others.

It can be a complex exercise to equitably divide up the marital debt.  What if the couple have been living separate and apart for two y ears?  What if the marital home is under water in terms of loan to value?  What if one car is paid for and the other is not?

There are many issues involving debt and divorce.  The best advice I can give you is to know what your financial situation is and then consult with one of the divorce lawyers at ROBIN ROSHKIND, P.A. on how to resolve the debt issues in a divorce situation.  Call for a consultation at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

Criminal Law, Tort Law Sometimes Overlap With Divorce Law

By Robin Roshkind, Esquire, West Palm Beach, Florida

In my divorce cases, it is not uncommon to have to deal with additional issues other than those directly effected by divorce law.  Divorce law encompasses alimony, child support, child time sharing, shared parental responsibility, division of marital assets and debts, and what is income of the parties, and what is non marital.

However, some of my cases get complicated with things like DUI defense, traffic tickets, domestic violence, damaged or stolen property of one spouse or another, and spousal torts.

I have had several cases where a spouse who is cheating brings home to the “innocent” spouse a sexually transmitted disease.  Or an innocent spouse signs a joint tax return and the IRS finds it to be fraudulent.  Or legal situations resulting from general stress of a bad marriage and divorce, such as drunkeness, drug use, dissipation of assets exits.

Divorce cases can emcompass stealing of jewelry, destruction of personal property, criminal stalking, wrongful taping of conversations, fraud and misrepresentation.  When you think of two people who are going at each other in anger, almost anything can happen, even rape or murder.  If you are thinking about getting divorced in Palm Beach County, 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.

Who Should Pay Credit Card Bills?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Credit card bills, utility bills, homeowner’s association fees, property taxes, bank fees and the like all add up in an ongoing household.  But when couples decide to divorce, the issue becomes: who should pay for what pending the divorce proceedings.

If the divorce is a friendly one, an amicable divorce, the parties can work it out.  One suggestion is based upon each spouse’ income as a percentage of the whole.  So for example, if the electric bill is $100 for the month of February, and the husband earns 60% of the family’s income, he should pay $60 of the $100 electric bill.  If the husband/wife is the only breadwinner of the family, then the payor is obvious.

Where problems arise, is if 1) the spouses are fighting like cats and dogs; and 2) if the breadwinning spouse cuts off the other.

Credit card bills, household expenses, car payments are marital expenses.  It is best to work it out between the parties, or at a mediation,  or if that is not possible, have the judge decide who pays what bills at a temporary relief hearing in the courtroom.  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.

Interstate Issues in Divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

In South Florida, many couples own homes both here and also up north, whether it is New York, Chicago, Boston, D.C. etc.  So when a party decides to divorce in their home state of Florida (they establish residency here for tax reasons), there are property issues out of state.

This causes a little wrinkle in divorce proceedings, because the Florida court has no jurisdiction over property in another state.  So say for example, the parties agree that one of them takes the Florida home and the other of them takes the home up north, how does the court here go about enforcement of that court order?

It can’t.  The Florida court order would have to be “domesticated” in New York or Boston or wherever the property is, and a court in that jurisdiction would have powers over the property there.

Other interstate issues concern children.  Where two parents live in two different states, it is the home state of the children that controls.  That is because the state in which the children live has jurisdiction over them.

So if a divorce was done in Florida, and mother and child move to New York, it is the New York court that has jurisdiction over the children.  If the child support payor father lives in Florida, the mother can enforce child support against the father in Florida because he is here.  If she wants to enforce the child support in New York where the children live, she has to “domesticate” the Florida court order and make it a New York court order.

For more information about other interstate issues in divorce, 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.

Domicile vs. Residency…A Big Divorce Issue.

By Robin Roshkind, Esquire, West Palm Beach, Florida

In order to qualify for a divorce in the State of Florida, you must be a Florida RESIDENT for more than 6 months prior to filing for divorce.

How do you prove residency?  In order to answer that question, you must understand the legal differences between DOMICILE and RESIDENCY.

Many people come to Florida and buy vacation homes or condos.   These qualify as DOMICILES.  One can own a house in the Hamptons, a ski condo in Vail, a home in Greenwich,  and a condo in Palm Beach.  These are domiciles.  One can have many domiciles.

A person can only have one RESIDENCE.  That is where you legally live, where most of your “stuff” is, where you pay taxes, where you get homestead exemptions.  Residency is a legal state.  Domicile is a physical one.

Some indicators of residency are leases, mortgage, drivers license, tax bills, homestead exemptions.  Courts in Palm Beach County will accept a drivers license as proof of residency.

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.