Divorce and your computer.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Think about the secrets you have… where do you hide them?  Divorce lawyers know exactly where to look and we hire forensic IT guys to help us.  The following list should be a warning to spouses everywhere that you can run but you can’t hide:

1.  Cell phone text messages

2.  Cell phone voice messages

3.  Facebook

4.  Twitter

5.  Youtube

6.  MySpace

7.  Dating web sites like Match.com

8.  My pictures

9.  Your blackberry

10.  Your web site

11. Lojack on your car

There is no privacy anymore, so if you are in divorce court or are contemplating a divorce, be aware of what you put into cyberspace.  You may inadvertently be shooting yourself in the foot so to speak.  Remember, divorce is about finances, custody (your behavior), money in bank accounts, lifestyle (credit card bills), income and telling the truth.  So if you have something to hide in the trunk of your car, don’t leave the car keys on the table.

For more information about this or other divorce topics, consult with one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Legal documents and divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Patience, patience, patience is required to fill out or gather all the forms and documents necessary to comply with the Florida family law rules of court.  The following documents are necessary evils and you should be prepared to cooperate with your attorney and comply by producing the needed information.  If you do not comply, opposing counsel will most definitely file a motion to compel you to produce and unless you file and WIN a motion for protective order, you will also be taxed with your spouse’s attorneys fees!

So be ready to produce the following:

1.  Financial affidavit   2. answers to opposing party interrogatories and requests for production   3.  personal and corporate tax returns  4. credit card statements  5. bank account statements  6. mortgages, deeds and any other title instruments    7. stock and bond account statements  8. retirement account statements   9. pay stubs  or any other evidence of ANY income   10.  loan applications   11.  insurance policies  12. health insurance cards  13. pre nuptial or post nuptial agreements  14.  Court orders from previous marriages .

Divorce is paper intensive.  At my law firm, our paralegals are highly trained to assist clients to carefully produce evidence.  For more information about this divorce topic or other subjects, click on the Robin Roshkind, P.A. website at www.familylawwpb.com or consult with one of the attorneys at the Firm by calling for an appointment at 561-835-9091.

Divorce and full disclosure. It’s part of the process.

By Robin Roshkind, Esquire, West Palm Beach

When anyone files for divorce in the state of Florida procedurally,, one must follow the rules of mandatory disclosure.  This rule is 12.285 in the Florida Rules of Court.

What is says is if any party is seeking financial relief, or if child support is involved in the case, one must disclose all his/her financial information.  This includes filing a sworn financial affidavit, accompanied by supporting documents.  A financial affidavit includes one’s income, assets, debts, deductions, financial obligations to a prior family, and the like.  Documents required to be produced to the other party include pay stubs, tax returns, bonuses, deeds, mortgages, car payments, health insurance costs, child support paid to another family, if any, loan documents title documents, credit card statements, bank statements, stock account or other financial instruments.  In other words, all documentation that is evidence of one’s financial resources and obligation must be provided. 

Once both sides exchange these items, then in Palm Beach County divorce court, all parties and their counsel must attend mediation prior to going to court.  This is a court mandate, becu\ause most cases settle without a judge.  Mediation is where the parties andtheir attorneys can try to come up with a marital settlement agreement.  If that should fail, then a temporary relief hearing, a mini trial, is set before the judge.  The case at this point then turns from settlement to litigation, which is very costly. 

For more information about financial discovery in divorce cases, please click on the Robin Roshkind, P.A. website at www.familylawwpb.com or consult with one of the attorneys at the Firm by calling 561-835-9091.