HowTo Decide To Get A Divorce

by Robin Roshkind, Esquire, West Palm Beach, Florida

Deciding to divorce is a life changing decision… it is like deciding to change careers, quit a job, move away to another state, having a baby, getting remarried.  It is a decision that changes the course of one’s life.  In some cases it is necessary, in some cases it is for the better.  Deciding to divorce is not to be taken lightly.

Certainly, if there is domestic violence in the marriage, that is a no brainer.  You will be better off alone.  In cases where there is financial ruin caused by your spouse, that, too, is a no brainer.  You will be better off alone.  In cases where there are constantly sleepless nights, that, too, is a no brainer.  You will be better off alone. 

In other marriages, whether to divorce or not, is not so clear.  There are people out there who can help you decide whether to leave or stay.  One such team member is a therapist, psychologist, or marriage counselor.  These experts can assist you in realizing your present state, your goals and how to get there. 

Another such team member is your divorce lawyer.  With a consultation with a divorce lawyer, you can educate yourself as to what your legal marital rights are, and whether or not you should exercise them or give them up by staying put.  With an education from a divorce lawyer, you can weigh the pros and cons of leaving the marriage.  

You also have your trusted friends and family, who, perhaps, see things more clearly than you do.  They are, and will be your support group in the event you go forward with a divorce. 

Lastly, trust your instincts, while you realize that life is short.  It is ultimately your decision as to how you want to spend it.  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. 

 

Liars, and Cheaters and Fraud…Oh My!

by Robin Roshkind, Esquire, West Palm Beach, Florida

I once heard a divorce court judge address a courtroom full of lawyers, husbands and wives, court reporters and spectators, and what he said will never leave my memory…he said something to the effect that, this is divorce court.. everyone is lying.

Appraisers can place valuations of heirlooms to real estate to benefit the party who hires them…accountants can make the numbers say anything they want to…lawyers can interpret statutes and case law from their ownone sided  perspectives…financial affidavits of husbands and wives generally and regretably leave something off the asset column.  One can conclude divorce court is not an exact science.

So how do you reconcile the difficulties of litigation?  The first and best answer is to stay out of court.  At least in settlement talks the parties can determine their own destinies, like it or not.  The next best step is zealous advocacy.  Hire professionals who really on are your side and are dedicated to doing the best job possible for you.  This includes the accountant, the lawyer, the appraiser, the shrink, and private eye and anyone else you need to rely upon for zealous advocacy.

Lastly, you must not have personality conflicts involved in your case.  If you are not comfortable with your “team” do something about it before it is too late.  You can always change attorneys, CPAs, shrinks, etc.

For more information about this or other hot 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.

Holidays Can Be Difficult Days For Those In Troubled Marriage

By Robin Roshkind, Esquire, West Palm Beach, Florida

It is no surprise that along with the holidays comes the stresses of the season.  It is a well known fact that people stress out over the holidays.  It is especially hard for couples who have failing marriages, couples who are trying to stay together for the sake of the kids, couples who just hopelessly don’t know what to do.

Husbands and wives who have already moved out and on mentally, especially have a hard time keeping it together at this time of year.  How do you pretend?  How do you stay pleasant?  How do you keep from blowing up?  Psychological counseling or marriage counseling is one answer.  A consultation with a divorce lawyer is another.  It may put your mind at ease and give you a plan to keep you from unraveling.   If you know your rights in divorce court, you may be able to make better choices during the season’s festivities.  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 www.familylawwpb.com.

Seeking The Help Of Other Professionals During Divorce

By Robin Roshkind, Esquire, West Palm Beach, Florida

It is very common in my divorce practice to seek the assistance of other professionals to help me litigate a case.  Below is a list of professionals I use and why:

1.  Psychotherapist, psychiatrist, child psychologist, social workers.  I use these professionals mostly in dealing with children’s issues like custody, sole parental responsibility and time sharing.

2.  Vocational evaluators.   If a spouse refuses to pursue a career or simply find employment, these experts can testify as to earnings and ability.  I use these professionals mostly in alimony cases.

3.  CPAs.  I use accountants to trace funds, do lifestyle studies, value businesses, assess finances, determine one’s true income.   CPAs are my best friends when alimony and high assets are at stake.

4.  Appraisers.  If the marriage included extensive and substantial art work, jewelry, antiques, coins, stamps, guns, cars, anything of exceptional value, I use appraisers to help in equitable distribution of assets cases.

5.  Real estate agents.  Obviously these experts assist me in valuations of real estate whether it is the marital home, vacation home, rental or commercial buildings.

6.  Medical personnel.  These experts assess special needs children and spouses for support purposes.

7.  Tax attorneys and CPAs.  These experts help with end games to show tax effects of settlement offers and their true value.

8.   Estate planning attorneys and financial planners.  These experts can assess a settlement offer to see if it is workable over a lifetime.

9.  Private investigators.  You know what they do.  Now in the computer age information is priceless.

I would not hesitate to co counsel with any of these experts if I feel it is in the best interests of my client.   In high asset cases or child custody cases where there is a lot at stake, experts are the best advisors to a judge.    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 Do I Tell My Children About The Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The first thing you need to do, is to make sure you and your spouse are going to go through with the divorce.  For whatever reason, things some times turn around, and a reconciliation, if possible, should be considered BEFORE you talk to the children.

Secondly, how you handle the situation depends upon the circumstances of the divorce AND the ages of the children.  It is always best to consult with a therapist or marriage counselor to discuss the best ways to handle children and divorce.

Lastly, it is probably a good idea for both parents to have a family meeting, so the burden is equally distributed between parents and the children won’t or shouldn’t be put in the position of taking sides.  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 for more information.

Be Sure You Want To Divorce Before You Start.

By Robin Roshkind, Esquire, West Palm Beach, Florida

There could be no greater waste of money and aggravation then starting the divorce process only to realize you’ve made a mistake.  It happens.  In cases where that happens, husbands and wives usually reconcile, only to get back to bad habits and divorce court one year later.  Or not.

The best advice I can give you is go to marriage counseling.  Come to some conclusions together that either you are going to stay together or divorce.

Only then will your money be well spent on divorce lawyers.   For more divorce tips 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.

What If You Want To Reconcile During Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are in divorce proceedings, and you want to reconcile, or you change your mind, in order to stop the process, your spouse has to be on the same page as you are.  If you filed a petition for dissolution, you can do a voluntary dismissal.  However, if your spouse has filed an answer and a counter petition, he/she also has to do a voluntary dismissal to stop the divorce proceedings in court.

Reconciliation is possible at any step in the process.  Let’s say you have already signed a marital settlement agreement.  The agreement is valid, the rights and obligations need to be adhered to, but a divorce does not have to be sought.  Just divide up the property and debts, and continue with the marriage.  Or modify the agreement to something else, given your new situation.

The point is, that in reconciliation, it has to be done by both of you.  If one person wants to continue through to divorce, reconciliation is not possible.  Counseling and therapy are good ways to ascertain whether you and your spouse are in agreement concerning reconciliation.  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.