What is reconciliation?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you have already filed for divorce, and then you change your mind,  you might be able to ”reconcile” with your spouse to stay married.  Changing your mind may result from marriage counseling, or learning from your lawyer what the ramifications of divorce will be, whether financial hardship or something involving the children.   

 If you change your mind, there are two ways to stop the divorce proceedings.   You can file a motion to abate the proceedings pending reconciliation to see if it will work, or pending marriage counseling, or for a short time certain such as 3 months.  Or, if you are certain you do not wish to go through with the divorce, you can voluntarily dismiss your petition for dissolution of marriage. 

Keep in mind that just because you change your mind, this does not mean that your spouse is in agreement.  If he/she has filed a counter petition to your divorce petition, he/she may still want to proceed and then you have no choice but to get divorced.   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.

How long does a divorce take?

By Robin Roshkind, Esquire, West Palm Beach, Florida

I once did a divorce in FOUR days.  Here’s how that worked:  A race car driver (my client) and his wife arrived at my office by appointment, along with their accountant.  The accountant knew the family businesses and finances.  Both the husband and wife trusted this accountant, and relied on the fairness of the accountant’s judgment in setting forth the terms of the marital settlement.  They all marched into my office on a Thursday; I drafted all the paperwork, petitions, waivers, court orders, hearing notices, and I had them divorced by Monday. 

That is an exception to the rule.  Here is Palm Beach County, Florida, there are certain family court rules that divorce lawyers have to follow UNLESS a client and spouse WAIVE those rights.  Once a divorce petition is served upon the other spouse, the responding spouse has 20 days in which to file an answer and counter petition.

The petitioner then has 45 days from date of filing to produce mandatory disclosure of finances.  The respondent has 45 days from date of service to provide mandatory disclosure documents.  Once financials are exchanged and reviewed, the parties can schedule mediation which is also mandatory in Palm Beach County.  This process usually takes about 3 to 4  months.

At mediation, the case can resolve, and the parties sign a marital settlement agreement.  That agreement is then used for the final judgment of divorce, which takes another month or so to go before the judge.

This is a best case scenario.  If there is no resolution at mediation, the case goes before the judge in a temporary relief hearing.  The judge then sets forth the terms of the separation pending the rest of the divorce proceedings.  The “rest” of depositions, discovery, subpeonas, witness interviews, expert witness analysis, etc. can take up to another year or two.

It all really depends upon how litigious or complex the case is and how cooperative or uncooperative the parties are.  For more information about the divorce process, call 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.

Should you rush to settle or hold out for more?

By Robin Roshkind, Esquire, West Palm Beach, Florida

As with any type of negotiation, timing is everything.  In the State of Florida, all parties to a divorce have to attend mediation, which is a setting promoting settlement of the disputed issues in the divorce.  The question becomes whether or not to settle. 

The answer is, it depends.  Mostly on your mindset and your circumstances.   Ask yourself the following:

1.  Am I ready to move on.

2.  Can I manage with what is negotited and on the table.

3.  Has there been full financial disclosure and if not, do I care.

4.  How are the kids doing?

5.  Can I take the stress of a trial.

6. Do I have sufficient funds to support litigation.

While each case is different, there may be other considerations as well.  These include the health of the parties, age, incomes, extended families, is another marriage imminent, and other such considerations.  For more information about your rights, call 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.

Dividing up the marital property in divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Everyone going through a divorce in the State of Florida hears from their lawyers that assets and debts of the marriage have to be equitably divided.

What exactly does that mean?  “Equitable” distribution does not necessarily mean “equal”.  Divorce court in Florida is a court of equity, meaning “fairness”.   So if a husband has a gambling addiction, the wife should not also suffer in divorce by receiving exactly one half of what is left, since the husband already squandered a portion of the marital estate during the marriage.  His “dissipation” of marital assets will be considered and the wife may receive more than one half of what is left to achieve “fairness” or “equitable” distribution of the remaining assets.

“Partial equitable distribution” is another theme in divorce court, where the parties have many assets of the marriage.  One or both spouses ask the court for a partial division of the assets pending the end result, to allow the parties to purchase another separate residence, or to pay the divorce lawyers fees.   

Usually where a married couple has more than just a home and car, there is more to fight over, so parties should follow the advice of counsel when considering temporary or partial agreements.  For more information about this or other divorce topics, call 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.

What happens if you can’t agree to agree at mediation?

By Robin Roshkind, Esquire, West Palm Beach, Florida

You filed divorce papers.  Your spouse has responded.  Pleadings are closed and financial discovery is complete.  It’s time to go to mediation here in Palm Beach County courts.  But what happens if you and your spouse just can’t agree to the terms of your divorce at mediation?

One of the attorneys will set a temporary relief hearing before the judge to determine on a temporary basis who pays for what, when, how much, and where the children will live, child support amounts and other details, pending a trial.  So if mediation does not resolve the disputed issues between the husband and the wife, one this court order is in place, it is time to prepare for trial.

This is where divorce litigation gets expensive.  It is time to bring in the experts, whether it is an accountant, an appraiser, a real estate agent, a psychologist, the child’s teacher, etc.  Testimony will be taken in depositions, and at trial.  Exhibits and evidence will be prepared.  And the judge will decide what is to become of the family.

For more information about divorce mediation and litigation, 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.

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.

Should you avoid service of divorce papers?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Your marriage is falling apart.  Your spouse has told you he/she has consulted a divorce lawyer.  You know it is just a matter of time.  Should you avoid service of the divorce papers?

In the state of Florida, if one party wants a divorce, then a divorce is imminent.  The matter of due process arises, because the other party needs to be put officially “on notice” of the proceeding against you.  That is why you often hear the words “sue for divorce”.  It is, in fact, a lawsuit.

The general rule is to make yourself available for service of the papers by either the sheriff or a process server.  By avoiding service, and making delivery difficult, it only puts off the inevitable. 

In collaborative divorce cases, where the parties are trying to be amicable and civil, the respondent spouse can avoid service of process by “agreeing” to sign a waiver of service.  This is  an acknowledgment of “accepting” the papers by mail or hand delivery by the spouse after the waiver” document is executed.  It is simply a ”nicer” way to get divorced.  One other nice alternative is to have the respondent attorney accept service of divorce papers on behalf of the client. 

Without service or waiver, if a spouse cannot be located, the only other way to proceed to divorce court is to file an affidavit of diligent search, and publish the announcement of the divorce suit in the legal newspaper.

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

What to bring to a divorce consultation.

By Robin Roshkind, Esquire, West Palm Beach, Florida

A consultation with a divorce lawyer is an education.  Most of my clients feel alot better leaving than when they arrived, only because they leave knowing in general what their rights are and what to expect.  I do not have a crystal ball on my desk, but my experience helps in predicting a narrow assortment of LIKELY scenarios that go with the facts of the marriage.  Here are the things to bring to the consultation:

1.  Knowledge of the family finances.  It is helpful if a client brings with him or her a knowledge of the family finances.  Recent tax returns or pay stubs of both the husband and the wife are very helpful in predicting child support, alimony and attorneys fees.

2.  A list of items that are important to that client.  For example if the husband MUST have the big screen TV, or boat or motorcycle, he puts that on his list. 

3.  An approximation of liquid assets whether they are in stocks, CDs, or other financial instruments.   Include bank statements, and retirement accounts.   Know how accounts are titled.

4.  A list of what was brought into the marriage, whether it was a car, funds from the sale of a prior home, bank accounts or whatever.

5.  A knowledge of the family debts, mortgages owed, car loans, lines of credit or business debt.

6.  An idea of how to deal with timesharing of the children, if any.

Having an outline of the issues up for discussion is a good start toward learning what your legal options in divorce can be.  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 web site at www.familylawwpb.com.

The importance of a consultation with a divorce lawyer.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Many divorcing couples are trying to save money by doing their own divorce.  This is penny wise and pound foolish.  You don’t know your rights.

Where couples are in debt, suffering bad credit,  job loss, it is tempting to try to do the divorce yourself.  But there can be non marital property, inheritences, secreted bank accounts, alimony issues and other complex facts of the case that the parties don’t know how to deal with.  You may not even realize you have legal rights to certain things.

That is why it is important to consult with an attorney.  Attorneys are expensive for a reason.  It takes money to make money.  Don’t sell yourself or your case short.  Know your options and your case strategy.  Get an education and then make your decisions.  You can’t waive rights intelligently if you don’t know what they are.

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.