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.

“Irreconcilable Differences” and Other Divorce Terms You Should Know.

By Robin Roshkind, Esquire, West Palm Beach, Florida

 Two requirements for divorce in the state of Florida are residency and irreconcilable differences.  Without these two conditions being admitted to in fact, a divorce cannot be granted.  What exactly does it mean to have irreconcilable differences?  Residency?  And what other terms are divorce related in Florida?

“Irreconcilable differences” means that not under any circumstances, even with marriage counseling, can the marriage be repaired or saved…and that the marriage is “irretrievably broken”.   “Residency” means that a person must live, work, have possessions, drivers license, lease, or deed to property, and eat and sleep in the state of Florida for 6 months prior to filing for a “divorce action”.  “Action” means “lawsuit” in the courts.  When your attorney files a divorce case, he or she is really filing for a “dissolution of marriage”.  “Dissolution” means to dissolve a legal relationship, i.e. the marriage.  “Child support” is easy to define.  It is the monies to which a child is entitled to from BOTH parents.  “Alimony” is the spousal support from one spouse to the other.  Sometimes alimony and child support are classified as “undifferentiated support”.  Attorneys fees from one party to another puts the divorcing parties “on equal footing”.  “Deposition” is the formal questioning of a party “under oath” in discovery of financial facts of the marriage and can also encompass affairs, living arrangements, income, expenses, trips, and just about anything else an “opposing counsel” wishes to ask.  “Temporary relief”  is the support and timesharing of children established pending the divorce “proceedings”.  These terms to live by are temporary until a “final judgment” is entered by the judge.  “A court order on divorce” is enforceable by the court.  A “final judgment” is the actual “divorce decree” when the whole thing is finished and signed by the judge. 

For more information 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 is mediation and what it means to you.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Mediation is a Palm Beach County court ordered process which allows divorcing couples to settle as many of the disputes between them as possible. In other words, all parties to a divorce in Palm Beach County, Florida, MUST (court ordered)  attempt settlement at mediation PRIOR TO taking the divorce case to the judge in a trial.

Parties prepare for mediation by doing the following:

1.  Meet mandatory disclosure requirements pursuant to Florida Family Rules of Court 12.285.

2.  Producing documents in discovery which allow the parties to know the status of the marriage.

3.  Prepare a wish list of what  you hope to leave the marriage with.

4.  Exchange all this information prior to the scheduled mediation.

5.  Discuss options with your attorney and have realistic expectations.

Mediation takes place with the two parties, their respective lawyers, and a trained family law mediator.  The mediator cannot give legal advice or take sides.  He or she serves as a facilitator to extract reasoning and discussion which hopefully will result in a settlement between the parties.   All verbal exchanges in mediation are confidential and cannot be used at trial if no agreement is reached.

For more information about mediation, or other divorce proceedings, click on the Robin Roshkind, P.A. website at www.familylawwpb.com or call for a consultation with one of the attorneys at the Firm at 561-835-9091.