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.

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 .

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.