How To Work With a Divorce Lawyer.

By Robin Roshkind, Esquire, West Palm Beach, Florida

When you hire a divorce lawyer, you become partners in a mission…that being protecting your rights during your divorce.  Understand that divorce is a process.  There are time frames that must be met according to law.  And your divorce lawyer needs your cooperation.

The lawyer needs to know the facts of the marriage.  Things like how long you are married, did you both work during the marriage, was a business formed during the marriage, are there any inheritences during the marriage, number and ages of children, why did the marriage break up.

You will be required to produce documents about the family finances.  Many clients don’t realize how costly it becomes when they don’t cooperate with their own attorneys.

You will be expected to be level headed and non emotional.  Save the fear, anger, depression for the shrink.  Let the lawyer do the lawyering.

You need to budget funds to pay your lawyer until he/she can get into court to get your spouse to pay, if that is what is required under the law and facts of your marriage.  This usually takes about 3 -4 months in Palm Beach County.  Mediation has to come first, and before that, financial disclosure.

For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. or click on the Firm’s web site at http://www.familylawwpb.com.

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Communitcating with your stbx.

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you have already moved out of the marital home, and the divorce papers are already filed, how do you communicate with your spouse?

It depends upon the circumstances.   If you both have lawyers, let your lawyers do your talking.  You don’t want to tell your spouse one thing while your the lawyers are discussing something else in trying to protect your rights.

If you do not have a lawyer yet, get one.  Let your spouse go “naked” while you have someone who knows divorce law, and is on your side.  It will then be up to your spouse to decide whether or not to retain an expert advisor to protect his/her interests.

Sometimes lawyers and courts allow parties to discuss ONLY the children and children’s issues between them.  This keeps anger, animosity, vindictiveness out of the equation, and avoids mistakes in the divorce settlement terms.

For more information about this or other divorce issues, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at http://www.familylawwpb.com.

Do You Need A Court Reporter In Court?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Whether you have to go to an 8:34 a.m. uniform motion calendar to clear up an issue in your divorce case, or if you have a full blown trial before the judge, it is important to assess whether or not you should have a court reporter present.

Court reporters take down everyone’s words spoken in the courtroom.  They also appear at lawyers’ offices for depositions, signing of agreements, or any other time when you might need to prove what was said.  Transcripts are provided and can be used as sworn statements.

The decision to use and pay for the services of a court reporter is usually made by your attorney.  He/she will assess the seriousness or complexity of the matter, whether the issue might need to be taken up to the appellate court, or to simply keep the judge on best behavior.  For more information about this or other divorce issues, call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at http://www.familylawwpb.com.

Experts Used In Divorce Proceedings.

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are many times in divorce cases that expert testimony or evidence is needed.  Most often CPAs perform analysis of the family finances, in terms of establishing valuations of a business, determining a party’s true income and expenses, and determinations of the truthfulness of financial affidavits.  Asset valuations and financial information is determined by using an accountants or forensic CPAs.  That person is key when it comes to depositions, temporary relief hearings and trial testimony and evidence.  Financial information controls child support, alimony awards, as well as distribution of marital assets and debts.  They also determine the ultimate outcome of any settlement or court order regarding the taxable events or ramifications of taxes in the overall scheme of things.

Appraisers are also needed in divorce cases to establish the value of jewelry, artwork, pianos, antiques and collectibles, such as stamp collections, wine collections, coin and gun collections, antique car collections.  Testimony of an appraiser can effect the distribution of marital assets.

Real estate agents and brokers value real property such as residences, rental property, and commercial property.   Divorce often forces sale.

Child psychologists get involved in time sharing and custody issues.  Oftentimes their testimony based upon home studies, helps the judge in determining what is in the best interests of the child.

Marriage counselors can testify as to rehabilitation of adults accused of drug use, alcohol abuse, anger management, and other mental health issues that may effect the outcome of a divorce.

Sometimes divorce trials become a “battle of the experts” so if your case is complex, or is going to trial, you should consider retaining the services of these expert witnesses.  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 http://www.familylawwpb.com.

Depositions…what is that and how to prepare.

By Robin Roshkind, Esquire, West Palm Beach, Florida

What is a deposition and how do you prepare for one?  A deposition is live discovery.  What that means is that the opposing party can ask you any question that will lead to relevant information about your financial situation, relationship with your children, domestic violence in the home, what medications you are prescribed but don’t take, and just about anything else.  And yes, you do have to answer, or if not, the judge will rule on whether or not you have to answer and whether or not to tax you attorneys fees for having to have this hearing on whether or not you have to answer.

The only questions you really don’t have to answer involve criminal activity or attorney client, or spousal or physician  privileged information.

In our office we often video tape our taking of depositions, because that way we can see a squirm or grimace.  Sometimes that is more telling than the answer to the question.

To prepare for a deposition, know your finances and your situation.  Be aware of your body language.  And no, you can’t be coached by your attorney before you answer a question.

For more information about depositions 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.

Exposing children to YOUR new relationship.

By Robin Roshkind, Esquire, West Palm Beach, Florida

The flip side of exposing children to your STBX’s new boyfriend/girlfriend, is exposing children to YOUR new relationship.  How do you go about this tactfully, with care and sensitivity so the children feel comfortable?

Do it slowly.  Tell your children about this new person in your life; that they will never take the place of the other parent; but that this person is good to you, good for you, etc.  Set the tone so the children are accepting on their own.

Be aware, if this new person in your life is a low life, or treats the children badly, you can bank on having trouble from your spouse or ex spouse, and rightfully so.  Children need protection and if you have poor judgment, the court will protect them for you.  For more information about your rights or other questions, 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.

Exposing children to your STBX’s boyfriend/girlfriend.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Your soon to be ex now has another relationship.  He/she has moved out and on,  leaving you with the bag of problems and challenges.  You realize you are (pick one:) angry, bitter, vindictive, hurt, and want to get even.  You are dealing with your own emotional and financial problems of paying bills, holding onto your job, raising the children, etc. and you are overwhelmed.

Now he/she brings another person into the equation…the girlfriend/boyfriend.  Your children are exposed.  What to do?  If the other person is an upstanding human being, and is nice to your kids, be grateful.  If the other person is a felon, drug dealer, abuser, or generally not a good role model, go for major timesharing, right of first refusal, or in extreme cases, sole custody. 

The court’s job is to protect children.  Do what you can under the law to accomplish this.  For more information 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.