Tips if you are planning to file for divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are certain things to do if you are planning to file for divorce.  Below is a suggested list of how to prepare:

1.  Organize your financial papers and photocopy everything. 

2.  Bring them to your divorce lawyer so they are out of the house.

3.  Remove small items that are important to you like jewelry.

4.  Make a plan for the children.

5.  Discuss service of papers with your spouse or if that is not possible arrange to be out of the house when he/she is served.

6.  Photograph paintings, antiques, piano or other home furnishings of value.  Deliver the photos to your divorce lawyer for safekeeping.

7.  Arrange for a post office box or a friend to receive your confidential mail.

8.  Set up a separate bank account.

9.  Get a credit card in your own name if you don’t already have one.

10.  Get support from friends and family, or see a therapist. It will make the process easier.

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.

Preparing for divorce…the devil’s in the details.

By Robin Roshkind, Esquire, West Palm Beach, Florida

The marriage hasn’t been good for awhile.   The house is going into foreclosure or a short sale.  A new job awaits you in a different state.  Is it time to start over? 

Revolution makes evolution.  Time for a new life.  But before you jump into divorce court, it is time to take some steps to plan for your divorce.

Divorce planning can be complex or simple depending upon the extent of assets and debts of the marriage.  If there are assets, setting up a trust with your spouse may be just the answer to getting assets out of the marital estate and off to the kids by agreement before the divorce word is ever spoken. 

If debts are high,  it might be wise to consult a bankruptcy attorney as well as a divorce attorney.  It might be best to let that house go into foreclosure. Your course of action depends on the facts specific to your marriage.   Divorce planning is just that…thinking before you leap.   Know your finances, and know where to get good advice.

For more information about this or other divorce topics, call on 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.

Your financial affidavit is the most important document in your divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Divorce proceedings generate a lot of paper.  But no document is more important that your financial affidavit.  Here in Palm Beach County, the financial affidavit is a sworn statement made by a party to a divorce, as to his or her income, expenses, child care costs, debts, assets, inheritence, separate property.  It is more detailed than a loan application and it is the first document opposing counsel looks to pierce. 

The financial affidavit is backed up by mandatory disclosure.  Things such as pay check stubs, tax returns, titles to real or personal property, mortgages, leases and the like.   Production of these documents is important, but by far the financial affidavit is key.  For help with filing one, or if you have any other questions, call for a consultation with one of the attorneys at Robin Roshkind, P.A. at 561-835-9091 or click on the ROBIN ROSHKIND, P.A. website at www.familylawwpb.com .

Preparing your divorce case.

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are going through a divorce, the most important thing you can do is to cooperate with your divorce lawyer.  He or she has done this before, even if you have not.  Or maybe you have gone through this process before.  It is important to find a divorce lawyer you are comfortable with and then to follow his or her advice.

Discuss the issues of your case with your attorney.   If it is a divorce involving mostly financial issues, prepare the documents you will need to present as evidence.  If there is an issue of relocating with minor children, document the relationship of the other parent by keeping a calendar.  Take photos of the prospective schools in the new location, housing, the neighborhood.  If there is marital property to be divided, take photos or get appraisals.   There is much you can do as a party to a divorce that will save time, preserve evidence and set up your case.

Of course, it is recommended that you clear everything with your attorney first, and follow directives.  For more information about preparing your divorce case or other divorce proceedings, click on the Robin Roshkind, P.A. website at www.familylawwpb.com or call for a consultation appointment with one of the attorneys at the Firm at 561-835-9091.

How to prepare for a divorce court hearing.

By Robin Roshkind, Esquire, West Palm Beach, Florida

You have done all your discovery.  The pleadings are in  order.  You have been to mediation with your spouse and you could not agree on a settlement.  Now it is time to prepare to go before the divorce court judge.

How is it best to prepare.  Follow the following checklist:

1.  KNOW YOUR FINANCES.  You have produced a financial affidavit, and other documents.  Know what they say.  Review and review some more.

2.  KNOW YOUR ISSUES.  Think about where you and your spouse have differing opinions.  Think about how you want this resolved.

3.  ADDRESS WHERE YOUR SPOUSE WILL ATTACK. Know the weaknesses of your case.

4.  ROLE PLAY.  Practice with your attorney on answering key questions.

5.  FOLLOW THE ADVICE OF YOUR ATTORNEY.  He or she has done this before. 

For more information about preparing for your divorce court hearing or other information, 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 appointmentat 561-835-9091.

Preparing for a deposition in divorce proceedings.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Depositions are part of the discovery of information that ocurrs in divorce proceedings.  They allow the deposing party to basically “interview” you while on a fact finding expedition.

The subject matter of depositions can be regarding treatment of the children to finances.  Opposing counsel can virtually ask you anything that is or may be relevant to his or her position.

It is in depositions that every word you say is taken down by a court reporter and can later be used in the courtroom to challenged your truthfulness.   Depositions are great tools of the trade of the opposing party. 

So how do you prepare for your deposition?  The first step is to know what your financial affidavit says because this is where most attorneys begin.   They will challenge your statements made on a financial affidavit with other documents including bank statements, credit card bills, income tax returns and the like.   Know what your financial affidavit says and why it says it.

Secondly, don’t answer a question that is not asked.  The more information you give, even if you think it supports your position, gives the opposing party more ammunition to use against you.

Only answer the question asked.  Remember, the judge is not present at the deposition.  Never elaborate unless asked to do so.

Remember that any question is fair game even if it does not make sense to you that it is asked.  Your lawyer can object and direct y ou not to answer but then a motion hearing will be set by opposing counsel to have you explain to the judge why that question should not be answered.   Therefore, it is in your best interests to cooperate as much as possible.  You don’t want to get the judge angry at you.

The best advice I can give if you are being deposed it to tell the truth.  You do not want an earlier statement said in a deposition to conflict with something you represent at a later time.   

The next best advice I can give if you are being deposed, is to have representation by counsel.  Don’t go it alone.

For more information about depositions, discovery, or any other divorce proceeding, click on the Robin Roshkind, P.A. website at www.familylawwpb.com, or consult with one of the Firm’s attorneys by calling 561-835-9091.