Special
Features / December 2007
Attorney Bonovitch - Tough & Fair
 Robin Bonovitch
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“Sharp. Empathic. Highly Intelligent. Realistic. Fair. Tough” are words that describe Parkersburg’s newest up and coming female lawyer, Robin Bonovitch.
Born in Vienna, WV, Robin graduated from the Thomas M. Cooley School of Law in Michigan. Moving back to the Mid Ohio Valley, Robin is now a practicing attorney with her primary focus on family law which includes divorce, pre-nuptial agreements, domestic violence, paternity, child custody, and adoption. She also will take other matters, both civil and criminal, on a case by case basis. Her clients are a mixture of both men and women.
“George Cosenza is a well respected lawyer in this area and I am very honored to have the opportunity work for him”, she said. “I worked in the Wood County Magistrate Court and the Family Court, under Judge Summers, prior to going to law school. After working there, I knew that was what I wanted to do with my life.”
Settling into her new practice, Robin described what she is currently seeing in her practice. “What I am seeing most often is ‘stay at home mothers’ who are going through a divorce being told that they will get ‘no’ money or that they will loose their house. Well basically, being told that they will lose everything. Most believe this until they talk with me about their situation,” she explained. “In West Virginia there is ‘equitable distribution’ of marital assets, including retirement. The court really tries to be fair and to review all circumstances surrounding the case prior to making a ruling.” She also pointed out that “a party may be entitled to spousal support.”
Because of all the misinformation that is circulated regarding family court issues, Robin offers a free initial consultation at which time she determines whether or not she will take the case. “I listen intently to all the issues and concerns the client might have and I discuss what the client’s expectations are. I also explain and discuss what happens in hearings and basically how the family court operates concerning these matters. I really try to dispel any rumors or misconceptions which the client might have and I spend a great deal of time just explaining the entire process to the client so they will have some idea of what will happen as they proceed with the case.”
If you are contemplating filing for a divorce, Robin suggested that you come in to her office and discuss the entire situation prior to filing paperwork. She will also help you look at things rationally from the law’s perspective. To prepare for your first visit, Robin suggests that you bring a copy of all legal documents that have been filed (if any), all financial documents along with two years of your W-2’s and your last two paycheck stubs along with any and all relevant information concerning your case.
Regarding pre-nuptials, Robin says that most people don’t want to even think about or even feel they need a pre-nuptial agreement prior to a marriage. “This is a romantic time and the thought that the marriage may not work out over time is not on most people’s minds. In fact, it is the farthest thing from their mind. However, in today's world, there is a high divorce rate she said. Robin also pointed out that today “people are marrying for the 2nd or 3rd time in their live. In your early years and lst marriage, most usually, the value of the assets are limited, but when you are getting married for the 2nd or 3rd time, the assets on both sides are may be considerable. On top of that, there are usually children from both previous marriages to take into consideration. Pre-nuptial agreements make you look at things in a very realistic way. It gives everyone a clear viewpoint of the expectations going into the marriage about asset distribution, care of minor children, custody of children, visitation, asset distribution in case of death, etc. The list goes on and on, because there is not one case that is exactly like another. These ‘fused’ families are as unique as the people in them,” she noted.
On of the most disturbing things that Robin pointed out was the devastation of the children involved in divorce and custody claims. “The children have no control over the situation. Their entire world is coming apart. They feel insecure and question whether or not it is their fault their parents are splitting. Or, the child is like a bouncing ball being tossed back and forth regarding custody, vacation, school, friends, where they are going to live, how much time they have with each of the parents, etc.,” she said. “Sometimes parents are so caught up in the emotional state of their own problems that they often say things in front of their children that are damaging to the other parent, or they say that it is the other parent’s fault, or that the other parent is causing their financial circumstances. Whether or not these things are true, children only see their parents and “their parents” They normally love both of their parents and it can become incredibly hard for them to understand how these parents (perfect in the eyes of their children) are being called very demeaning and derogatory names and being blamed for their current circumstances”. Robin’s advice to all parents who are going through a divorce, “Do not talk negatively about your spouse in front of your children. Respect and protect your child.”
Another misconception that Robin sees is that there is a belief that there is no rhyme or reason to how child support is calculated. Most believe it is the result of who has the best attorney. Robin points out that “there is a formula and it is used for almost all child support cases”. After the court has looked at the financial situation of both parents, these numbers are plugged into the formula. And she also pointed out that “if there is a significant change in one or the other’s financial situation, then, if petitioned, the court will re-look at the financial situation and re-formulate it if justified.” Robin said, “Both sides are required to disclose all assets. Make sure you give your attorney as much information regarding all financial assets held in the marriage.”
In domestic violence cases, the magistrate court will issue a protective order if requested. The first step is the emergency protective order at magistrate court. Then, there is an evidenciary hearing in family court. A protective order normally stays in force for 90 or 180 days. Sometimes the court will order an attorney to file on behalf of minor children.” So in some cases, she explained, “there can be an attorney for the father, a different attorney for the mother, and still another different attorney for the minor child(ren).” Robin emphasized that the court has a responsibility to consider what is in the best interest of the minor children. Another issue that Robin discussed was proving an unfit parent. “There seems to be a lot of rumors defining an ‘unfit’ parent. Normally, to find a parent ‘unfit’, there would have to be substantial evidence of alcoholism, drug addiction/dependency, mental instability, or child abuse. Theses are the main things I see, but there could be other issues in addition to these,” she added.
Another confusing issue is joint custody and a parenting plan. “Joint custody and a parenting plan are not the same. Joint custody can be awarded by the court if both parents agree to it. The ‘parenting plan’ (a large detailed document) is filed that defines who has decision making capabilities in regard to the child(ren), what restrictions are imposed to either or both parents, what school(s) the child(ren) will attend, what athletic pursuits the child will be allowed to participate in, or who will make the decision about what athletic endeavor the child will be allowed to participate, what happens if relocation comes up for either parent, holidays, vacations, and a multitude of other things that may occur over the period of time the children is a minor.” She continued, “Now, at age 14, the children have a preference, or a voice, to help the courts determine where the child will reside. Sometimes, with younger children, a special guardian may be appointed to make decisions in the best interest of the minor child.”
Another part of family law is adoption. In these case, Robin points out, there are two types of adoptions – contested and uncontested. In an uncontested adoption, both biological parents agree to the adoption or the parents' rights have been terminated in which the DHHR may have to consent. In a contested adoption, one or both of the biological parents are against the adoption. Again, Robin emphasizes, “The court wants only to do what is in the best interest of the child”.
The most important piece of advice from Robin is, “Always be honest and truthful with your attorney. Your attorney is there to help you.”
Robin Bonovitch is a practicing attorney at 515 Market Street, Parkersburg, WV 26l0l. Her telephone number is 304 485 0990. Email address: rsbonovitch@yahoo.com. Robin encourages anyone who is facing any type of a legal issue to call her for a free consultation.
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