Did You Know Divorce Settlement Talks Are Confidential?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In divorce court, there are many opportunities for the parties to settle their disputes.  The first, being upon retention of counsel.   Counsel can set the stage for coming to the table with the opposing party and attorney to effectuate a settlement.  If that does not work, after much discovery and production of financial statements and back up docs, the parties can then go to a formal mediation.  Settlement talks can be had as many times as the parties desire or need to follow up with additional information or documents.

Any negotiations or statements made in settlement conferences are not admissible in court and must be kept confidential.  Any breach could result in a contempt of court action and financial penalties or sanctions.  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.

What Happens If I Don’t Follow A Court Order?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In divorce court, there are many court orders for many things:  temporary relief orders order a party to pay child support or alimony to another; orders to compel production of discovery documents usually have a deadline by which to comply; orders on time sharing of children set forth parameters of when and where to pick up and deliver kids;  there are all sorts of court orders in divorce cases.

So if you don’t or can’t obey a court order, the other party has the option of holding  you accountable.  If that party takes an affirmative step to hold you accountable, you may face a motion for contempt and enforcement of a court order.

Depending upon whether you intentionally violated the order, or it simply was impossible for you to comply makes a big difference.  For more information about this or other divorce topic, 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 To Do If You Catch Your Spouse CHEATING???

By Robin Roshkind, Esquire, West Palm Beach, Florida

I get this question all the time in my practice.  You really only have two options: you look the other way and enjoy life, or if you are not enjoying life, you file for divorce.  Florida is a no fault state.  Spouses can and do cheat.  It’s how you react and what you do or how your spouse reacts and what he/she does that determines the future.

If the cheating takes on a serious turn, the cheater may file for divorce.  Or the innocent spouse may file first, depending upon emotions.  But what I see more and more, it is not the cheater filing for divorce, but rather the innocent spouse.  The cheater generally likes things just the way they are.

The innocent spouse should gather photographs, documents, copies of everything financial, store small valuables like jewelry off premises, and spend time preparing for the other spouse to know you are angry…angry enough to file for divorce.  Sweetness helps to garner information, and often the cheater will brag to the spouse how amazing life is.  Let them talk, all the while finding out who the other person is, where he/she lives, and other forthcoming information.   Information turns into amunition.  Especially when you have all the information to give to your private investigator to determine if your spouse is dissipating marital assets on the paramour.  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.

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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Do I Need A Divorce Lawyer To Get A Divorce In Palm Beach County?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The answer is it depends.  Legally, you do  not need a divorce lawyer.  Your life is at stake, but this is not criminal court.  If you have virtually nothing to divide, no children to worry about, you can probably do your own divorce.

However, if you have a claim for alimony, or a defense to it, or have children, or assets and debts to fight over, chances are you need counsel.  The more issues there are between the husband and the wife, the more likely there is a disputed issue (or several) and you will want someone on your side.

Additionally, you might want other professionals to assure that you will get what you are entitled to.  That could be a CPA or even a psychologist.  For more information, come in for a consultation.  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.

Can A Divorce Lawyer Ask About Sexual Activity In A Deposition?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The divorce lawyer can ask just about anything in a deposition and the opposing lawyer just has to sit there and take it while the client answers.

Lawyers cannot advise clients  to not answer deposition questions, unless they are objecting to the form of the question or to accuse the lawyer of harassment.  In those instances, the specific question can be marked by the court reporter taking down the testimony, and the asking attorney can summon the judge on the case to decide whether or not the deponent has to answer the question.  In Palm Beach County, Florida, this is normally done on the spot by telephone to the judge for a ruling, or if the judge is unavailable, by motion and hearing.  If a hearing is necessary, the deposition will be continued to another time.

Deposition testimony is often used in the courtroom to either verify or contradict courtroom testimony.  They are an integral part of any trial.  For more information on this or other divorce topics, call the Family Law Offices of ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more information.

Deposition questions in divorce are usually about finances, companies, relationships, drug or alcohol use, anything that is probative to the issues in the divorce case.  Behavior, records, financial affidavits all come into question.

Using Private Investigators In Palm Beach Divorces

By Robin Roshkind, Esquire, West Palm Beach, Florida

If Florida is a no fault state, and there is no punishment for adultery, why then hire a private investigator?  I get this question all the time when I recommend to my clients that they hire one.

The reasons are many:  First a private investigator can assess all public records on a spouse to ascertain if they are property owners, car owners, boat owners, alone or with another person.  You, the divorcing spouse, may not have the entire picture of assets, property wise, and a private investigator will find that information for you.  If a spouse purchased a condo for a paramour, for example, this will show in the property records, and that is money in your pocket, as you will file a dissipation of marital assets claim based upon that information.

Secondly, a private investigator can ascertain all criminal activity, driving records, and behavior of your spouse or your spouse’ live in.   If your spouse “forgot” to tell you about the DUI he/she got, this information may be helpful if you are going for custody of the kids.

Thirdly, a private investigator or forensic computer specialist can access computer files, telephone records, text messages, internet postings on facebook, match.com and the like.  Information is always helpful.   A private investigator can be a great witness at the divorce trial.

If you are being stalked, your car damaged, or other unusual behavior, a private investigator will discover that as well.  There are many other reasons to use a private investigator and/or a computer forensic specialist.  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 http://www.familylawwpb.com for more information.

What Does A “Conflict Of Interest” Mean?

By Robin Roshkind, Esquire, West Palm Beach, Florida

I will explain by example:  Suppose you and your spouse use a real estate lawyer or a business lawyer for your investment properties or your corporation where you both work.  Now you are getting a divorce and may be potentially adversarial. Your real estate lawyer cannot now represent only one of you in the divorce, because he/she would have a conflict of interest, having represented the best interests of both of you in real estate investment matters.  That lawyer knows too much about both sides of the marriage and both of your circumstances, to be able to represent only one of you in a potentially adversarial  situation.  He/she has a conflict of interest.

Suppose he/she took your spouse’ case anyway.  You can file a motion  with the court for the lawyer to recuse,  set it for hearing, and the judge will probably grant your motion.  Your spouse would then have to find other counsel.  That is how a conflict of interest works.  For more information on this or other divorce topics, call one of the divorce lawyers in Palm Beach County 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.