Working the System! Motion for Continuance

Working the System! Motion for Continuance.

How Do I Answer Deposition Questions?

By Robin Roshkind, Esquire, West Palm Beach, Florida

You are involved in a full fledged divorce litigation case.  Opposing counsel wants to take your deposition to find out just about everything.  He/she can pretty much ask you anything, whether relevant to the case or not.  Depositions are basically fishing expeditions for information that might lead to more information.

Some of the topics you will be asked about include the children, your ability to co parent, time sharing, your finances, your lifestyle, who you are dating, what you are spending, where you last vacationed, what you are driving, what you did with your expensive rolex, and just about anything else.  Here is some advice in answering these sometimes touchy questions:

1.  Remember that the judge is not present at this depo.  You don’t have to convince anyone about anything.

2.  Have an agreeable demeanor.  If you don’t, it looks like you’ve got something to hide.

3.  Don’t have diareha of the mounth.  Keep your answers short and to the point.

4.   Watch your body language, especially if the deposition is being video taped.

5.  Don’t fidget, wring your hands, tug your hair, chew gum or wriggle.

6.  Answer truthfully.

7.  If all else fails, your answers should be “yes”, “no”, or “I don’t recall”.

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.

If You Think You Have A Divorce Settlement, BE CAREFUL!

by Robin Roshkind, Esquire, West Palm Beach, Florida

We divorce lawyers have a old trick…get the other side to think we are settling the case, but then move forward to the divorce proceedings.  The moral of the story is, in divorce court, if you do not have a signed settlement agreement, or a signed agreed order, you do not have an agreement.  You may think you do, but therein lies the problem for you.

In Florida, it is a statutory requirement that all “agreements” be in writing and signed by the husband and wife.   So if you have discovery that is due, temporary alimony payments that are due, depositions that are set, a court hearing to attend, your lawyer still must prepare as if there is no settlement at all until such time as there is a signed document.  Don’t fall into the settlement trap.

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.

Reasons Judges Delay Divorce Trials

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are many reasons a divorce trial may be delayed.  But there are some recurring reasons that you should know about:

1.  First, the judge may have a personal emergency and needs to reset your trial.

2.  The judge may have a case before him/her that requires emergency action., thus displacing your trial with a more pressing case.  Child kidnapping, child endangerment, and  domestic violence are some examples of emergencies in family court.

3.  The judge feels your case may have a chance of settling if he/she orders the two parties back to mediation.

4.  The judge feels your case may have a change of settling if he/she orders the two parties out into the hallway of the courtroom to discuss the matter one last time.

5.  The case is not yet ripe and motions to compel discovery, attorneys fees, depositions, and the like are needed first.

6.  The trial may be delayed if the issues need to be bifurcated into two parts, for example custody and then everything else.

7.  If witnesses like CPA’s and therapists have sudden schedule changes, the trial may be delayed upon motion and order of the court.

Those are some of the reasons a judge in family court would postpone a scheduled trial.  But don’t think you can do the same.  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.

3.

Do I Need A Divorce Lawyer To Get A Divorce In Palm Beach County?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The answer is it depends.  Legally, you do  not need a divorce lawyer.  Your life is at stake, but this is not criminal court.  If you have virtually nothing to divide, no children to worry about, you can probably do your own divorce.

However, if you have a claim for alimony, or a defense to it, or have children, or assets and debts to fight over, chances are you need counsel.  The more issues there are between the husband and the wife, the more likely there is a disputed issue (or several) and you will want someone on your side.

Additionally, you might want other professionals to assure that you will get what you are entitled to.  That could be a CPA or even a psychologist.  For more information, come in for a consultation.  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 A Divorce Lawyer Ask About Sexual Activity In A Deposition?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The divorce lawyer can ask just about anything in a deposition and the opposing lawyer just has to sit there and take it while the client answers.

Lawyers cannot advise clients  to not answer deposition questions, unless they are objecting to the form of the question or to accuse the lawyer of harassment.  In those instances, the specific question can be marked by the court reporter taking down the testimony, and the asking attorney can summon the judge on the case to decide whether or not the deponent has to answer the question.  In Palm Beach County, Florida, this is normally done on the spot by telephone to the judge for a ruling, or if the judge is unavailable, by motion and hearing.  If a hearing is necessary, the deposition will be continued to another time.

Deposition testimony is often used in the courtroom to either verify or contradict courtroom testimony.  They are an integral part of any trial.  For more information on this or other divorce topics, call the Family Law Offices of ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more information.

Deposition questions in divorce are usually about finances, companies, relationships, drug or alcohol use, anything that is probative to the issues in the divorce case.  Behavior, records, financial affidavits all come into question.

Long Distance Divorce IS Possible

By Robin Roshkind, Esquire, West Palm Beach, Florida

In my practice, it is quite often that couples split before they file for divorce, and either the husband or the wife has moved out of the area for work, to help with family, or for another relationship.  This does not preclude the marriage from being terminated in Palm Beach County.

In fact, despite a move out of the county, the divorce should still take place here if the remaining spouse has lived in the county for more than 6 months prior to filing the divorce petition.

With technology being what it is, pleadings, retainer contracts, credit card authorizations, disclosure documents and the like can be relayed by email, phone and fax.  Hearings, mediations, depositions can all be accomplished long distance with Palm Beach County court approval.

So, yes, it IS possible to get a Palm Beach County divorce even though the husband or the wife has left the area.  If you are thinking about getting a 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 for more information.

What Type Of Divorce Will You Have? Part 2 Settlement or Trial

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are thinking about getting a divorce in Palm Beach County, Florida, know that your divorce can go only one of two ways.  Either you and your spouse will settle your divorce issues, (including alimony, attorneys fees, child support, if any, child time sharing, equitable distribution of assets and debts, non marital property, name changes,) or  you will take all or some of the disputed issues to the judge.

Settlement is quicker, less expensive and less stressful.  But it can only happen if both parties want to settle.  If one spouse wants to settle but the other does not, you are going to trial.  Going to trial entails extensive discovery, depositions, witness preparation, transcripts, document production and analysis by a forensic CPA, court reporters, evidence and logs, and costs a bundle.   It also takes up a great deal of time and could cause illness from the stress of it all.

Counseling and therapy more than lawyering can help husbands and wives decide how to proceed.  Parties who can set aside emotion and just get the job done have a better chance of settlement.  Also judges would rather the spouses manage their own future lives.  They do not like to micro manage families. 

If you are thinking about getting a divorce in Palm Beach County, Florida, 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.

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