What Happens If You Reconcile After Signing A Marital Settlement Agreement?

By Robin Roshkind, Esquire, West Palm Beach, Florida

You have filed for divorce.  You and your spouse both have hired divorce lawyers.  You have produced documents.  You have gone to mediation and settled your divorce case.  Both of you have signed the marital settlement agreement dividing up the property and debt.  What happens if you both want to reconcile and stay married?

You can abate the proceedings, meaning putting the case on hold for a short time certain.   You can totally dismiss your divorce case, as if it never existed.  BUT the terms of the marital settlement agreement stay in place and are enforceable in court under contract.

We divorce lawyers sometimes use this as a tactic for a spouse who is controlled by the other spouse through money.  In this way, the assets and debts are divided, and alimony support is in place.  If you choose to stay married and reconcile, the “have not” spouse now has.

For more information about this or other divorce tactics, 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.

Reasons Judges Delay Divorce Trials

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are many reasons a divorce trial may be delayed.  But there are some recurring reasons that you should know about:

1.  First, the judge may have a personal emergency and needs to reset your trial.

2.  The judge may have a case before him/her that requires emergency action., thus displacing your trial with a more pressing case.  Child kidnapping, child endangerment, and  domestic violence are some examples of emergencies in family court.

3.  The judge feels your case may have a chance of settling if he/she orders the two parties back to mediation.

4.  The judge feels your case may have a change of settling if he/she orders the two parties out into the hallway of the courtroom to discuss the matter one last time.

5.  The case is not yet ripe and motions to compel discovery, attorneys fees, depositions, and the like are needed first.

6.  The trial may be delayed if the issues need to be bifurcated into two parts, for example custody and then everything else.

7.  If witnesses like CPA’s and therapists have sudden schedule changes, the trial may be delayed upon motion and order of the court.

Those are some of the reasons a judge in family court would postpone a scheduled trial.  But don’t think you can do the same.  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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Postnuptial Agreements Have Two Purposes.

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are two major reasons for doing a Postnuptial agreement.  First, if done after the wedding, say in the first year of marriage, the postnuptial agreement can reaffirm the prenuptial agreement and all its terms.  It adds a second layer of protection to the prenuptial agreement, making it that much harder to prevail in a challenge down the road.  Postnuptial agreements can also modify prenuptial agreements by changing some of the terms, now that the marriage has taken place.

Postnuptial agreements can also serve as separation agreements where a divorce is not imminent.  It gives the parties a sense of control over separate assets and debts, during a time when the husband and wife may be trying to figure out whether or not to divorce.  Postnuptial agreements can be viewed as separation agreements, or marital settlement agreements should a divorce be filed in the court.

The subject matter of the postnuptial agreement can be anything from asset and debt division to who pays for what household expenses, or what happens to a spouse if he/she gets caught cheating.  They are valid, enforceable agreements if signed under the proper circumstances.  For more information about 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.

Be Sure You Want To Divorce Before You Start.

By Robin Roshkind, Esquire, West Palm Beach, Florida

There could be no greater waste of money and aggravation then starting the divorce process only to realize you’ve made a mistake.  It happens.  In cases where that happens, husbands and wives usually reconcile, only to get back to bad habits and divorce court one year later.  Or not.

The best advice I can give you is go to marriage counseling.  Come to some conclusions together that either you are going to stay together or divorce.

Only then will your money be well spent on divorce lawyers.   For more divorce tips 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 If You Want To Reconcile During Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are in divorce proceedings, and you want to reconcile, or you change your mind, in order to stop the process, your spouse has to be on the same page as you are.  If you filed a petition for dissolution, you can do a voluntary dismissal.  However, if your spouse has filed an answer and a counter petition, he/she also has to do a voluntary dismissal to stop the divorce proceedings in court.

Reconciliation is possible at any step in the process.  Let’s say you have already signed a marital settlement agreement.  The agreement is valid, the rights and obligations need to be adhered to, but a divorce does not have to be sought.  Just divide up the property and debts, and continue with the marriage.  Or modify the agreement to something else, given your new situation.

The point is, that in reconciliation, it has to be done by both of you.  If one person wants to continue through to divorce, reconciliation is not possible.  Counseling and therapy are good ways to ascertain whether you and your spouse are in agreement concerning reconciliation.  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.

Can A Judge Deny A Divorce In Florida?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The answer is yes… a judge can deny a divorce on several different levels.

First it is a requirement that financial affidavits and full disclosure of marital assets, debts and pre marital property is available to the other party.  Without this requirement of MANDATORY DISCLOSURE being met, the judge WILL postpone the divorce proceedings until one or both parties comply.

Secondly, where there are children involved in the devastated marriage, a child support calculation worksheet MUST be in the court file.  Without this, the judge can deny the divorce.

Thirdly, both parents must take the 4 hour parenting class and provide a certificate as proof.

The marriage has to be irretrievably broken and the parties have to testify as such.  Or else the judge can deny the divorce.

If residency requirements of 6 months prior to filing the petition for dissolution of marriage is not met, the judge can deny the divorce.

There are other reasons a judge may deny a divorce or at least postpone the proceedings.  If the judge passes a court order and the parties don’t comply, someone is going to be sanctioned.  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.

Can A Judge Deny A Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

You have filled out all the papers, taken hours to compile documents, and now you want to go get divorced.  Can a judge deny the divorce?  The answer is yes.

The first reason is improper notice to your spouse.  If your spouse was not properly served with divorce papers, or had not signed a waiver of service of process, then the divorce will be denied for improper notice to your spouse.

If there is a child involved in the break up of the marriage, and the child support obligations are not within the statutory guideline amount, the judge can deny the divorce.

If there is no parenting plan for time sharing, the judge will deny the divorce.

If there are no financial affidavits in the court file, and proper exchange of financial documents called mandatory disclosure  has not been done, the judge can deny the divorce.

If the parenting class has not been completed by both parties, the judge can deny the divorce.

There are a host of other reasons why a judge can deny the divorce.  However, the denial is “without prejudice” which means that the reasons for denying the divorce can be fixed and the parties can come back to court once that is accomplished.  

If you are planning to get divorced in Palm Beach County, Florida, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 for more information or click on the Firm’s web site at www.familylawwpb.com for more information.