A Speedy Trial In Divorce Court?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Getting divorced is a process, and the wheels of justice turn ever so slowly.  That is the answer to the question of a speedy trial in divorce court:  it is highly unlikely.  Here’s why:

1.  The first reason is that all divorcing couples in Palm Beach County must provide a financial affidavit backed up with documents called mandatory disclosure.  This includes things like pay stubs, tax returns, bank account statements, bills, and lots of other paper proof, including appraisals, mortgages, car loan documents and the list goes on and on.  These things take time to gather and there are mandatory deadlines along with extensions for good cause.  Often times you can’t rush those deadlines.

2.   Along with discovery of documents, comes depositions.  Each side has the opportunity to take the deposition of the other party, their witnesses and expert witnesses like the CPA, appraiser or the psychologist. 

3.  Expert witnesses need time to put together reports for the judge to consider. Whether it is a social evaluator, a vocational evaluator, a real estate appraiser, a forensic CPA, or any other expert, they need time to analyze and prepare their evidence and reports.

4.  All parties to a divorce in Palm Beach County must go to mediation before ever seeing the judge.  This needs to be scheduled and involves several people: the lawyers, the CPAs, the parties, and the mediator.  It is a challenge to get everyone available at the same time, and this takes some doing.

5.  Negotiations are ongoing.  While all of the above is ongoing, settlement is always a possibility.  Some parties have a habit of offering up settlement offer after settlement offer just to keep the litigation ongoing or to buy some time to strategize. 

In conclusion, if you are thinking about a divorce, the process can take anywhere from a few months to a few years, depending upon how much is involved in the marital estate, and vindictive the husband and wife want to be toward each other.  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 for more information.

 

 

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