Divorce Settlements Require Cooperation AND Ability to Contract

Divorce Settlements Require Cooperation AND Ability to Contract.

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Divorce Settlements Require Cooperation AND Ability to Contract

by Robin Roshkind, Esquire, West Palm Beach, Florida

So you want to settle your divorce case…that is great.  But if your spouse disagrees with your values of the business, the house, the artwork, the jewelry, your income, where the kids should live, or anything else, settlement is not possible.  Without an agreement between the husband and the wife, a judge will have to hear each side’s evidence and testimony at a trial and decide what is going to be by issuing a ruling and a court order for the parties to follow.

Another instance where settlement is not possible, is where there is a spouse who doesn’t understand.  This could be because of a language problem, (i.e. he/she can’t understand or read English), or an illness such as dementia or incapacity.  Where a spouse is unable to read, understand and agree to terms of a contract, it is impossible to have a valid and enforceable marital settlement agreement.

In cases such as these, which are problematic for settlement, a judge will have to hear the matter and issue a ruling.  This often happens where there are elderly couples seeking to divorce.  Illness can get in the way of any settlement.  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 http://www.familylawwpb.com for more information.

What Is Punishment For Contempt Of Court In Palm Beach Divorce Cases

by Robin Roshkind, Esquire, West Palm Beach, Florida

In Palm Beach County divorce cases, there is very often a spouse who feels above the law.  When a court order comes down in the case, it is simply defied, ignored, or only partially complied with.  This usually happens when there is a “know it all” attitude of the spouse in question.

It is up to the offended spouse to file a motion for contempt against the offending spouse.  Needless to say this happens more often than judges would like.  Intentional defiance of a court order translates to willful contempt of court, which is punishable.

If the spouse has the ability to comply with the court order, and simply chooses not to by defiance, ignoring it, or stalling, the court will set a hearing to determine if there is willful intent or simply an inability to comply.

Punishment for willful or intentional non compliance with a court order is often a monetary sanction and/or a fine, including the payment of the other party’s attorneys fees and costs.  Punishment could also be the court’s striking of the offending party’s pleadings, or in extreme cases, incarceration, which most often happens with intentional non payment of child support. 

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.

What Is Contempt Of Court In Palm Beach County Divorce Cases?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Contempt of court under general law is a WILLFUL disregard for court orders.  What that means is there has to be intent to violate a court order.  The intent could be out of vindictiveness, punitive in nature, out of anger, or in some other way meaningful intent to violate the court’s ruling.

In divorce cases in Palm Beach County, this could mean many things.  Where a court order states that certain documents are due by a certain date, if this is not complied with, the court may hear a motion for contempt for violation of such an order.  The burden of proof is upon the movant who is filing the motion.  The movant would have to show the court that the order could have been complied with, but was not, out of willful intent.  Not out of inability. 

Most motions for contempt of court are filed with regard to court orders to make some form of payment from spouse to spouse.  This could be child support, alimony, attorneys fees, or some other form of equitable distribution or some other action court ordered in the divorce case.  If a party is ordered to make a payment to another party, and willfully with holds that payment although the funds are readily available, that is contemptible.  If a party simply does not have the means, that is an affirmative defense to a contempt claim.  That party then should file a modification based upon a change of circumstances since the court order was entered.

For more information about motions for contempt or petitions for modifications of alimony, child support or other 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 for more information.

Low Cost Divorce

By Robin Roshkind, Esquire, West Palm Beach, Florida

We all hear about the high costs of a divorce,  But believe it or not, there is such a thing as a low cost divorce.  But again everything is relative.

It is obvious that if both the husband and the wife both want to settle a divorce case, and cooperate to do so, this is going to cost much much less than if there is no cooperation, and no agreements.  We lawyers have a name for it: collaborative divorce.  This is where both parties are on the same page as far as settlement of the divorce goes.  They agree on the income of the parties; they agree on the value of the assets of the marriage; they agree on the debts of the marriage; and if there are any children they agree on time sharing and child support also.

When this happens, the parties can have a relatively low cost divorce.  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 http://www.familylawwpb.com.