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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Pre Nuptial Agreements and Divorce…Do They Stick?

By Robin Roshkind, Esquire, West Palm Beach, Florida

I get this question all the time in my practice…is my prenuptial agreement enforceable, now that I wish to divorce?  The answer is it depends upon the circumstances in which it was agreed upon.

The initial test is how long before the wedding was the prenuptial agreement negotiated and executed?  If was less than 30 days, there could be a duress claim.

Did both parties have representation by lawyers?  If one party had a lawyer and the other didn’t, there could be an over reaching claim.

Was there truthful and full disclosure of finances on behalf of both parties?  You need to know what rights you are waiving when you waive rights via a prenuptial agreement.  Also, full disclosure avoids a claim of fraud.

Did the parties read, understand and agree to what they were signing with full knowledge and intent to be bound?  Everyone should read and understand what they are agreeing to.

Is there any language barrier?  This goes to the last point of reading and understanding the prenuptial agreement.

If there is any doubt about the above points, a prenuptial agreement can be challenged and perhaps voided.

Prenuptial agreements control what happens to your future.  They are expensive to prepare and sometimes require the expertise of tax advisors and estate planning counsel as well as divorce counsel.  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 for more information.

Can You Get Divorced Without Property Settlement?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Yes, in Palm Beach County, Florida you can get your divorce and then settle the property, asssets and debts later.  It is called BIFURCATION.  Your lawyer can “bifurcate” the case, meaning do the divorce first and later on do the division of assets and debts, or property and liabilities.

This is accomplished by a motion to the court with a specific legal reason to get the divorce over with quickly.  Either you want to remarry in a hurry, or you have children that you do not want to be used as pawns in a property settlement.  There could also be mental health issues to quickly bifurcate a case, or  there is a dying witness who needs to testify in the matter.

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.