Do I Have To Appear In Person At Court Hearings?

By Robin Roshkind, Esquire, West Palm Beach, Florida

When you are in divorce proceedings in Palm Beach County, Florida, there are some circumstances when you do not have to actually be present in the courtroom for a court hearing.

In routine procedural motion hearings, where lawyers debate procedural issues such as disclosure deadlines, specific documents to be disclosed, deposition scheduling, compelling mediation, and other procedural issues, the parties need not be present in the courtroom at these hearings because there will be no testimony or evidence taken.  These hearings are just arguable by the attorneys who advocate for your position.  The judge makes a ruling.

For other types of hearings, where evidence and testimony will be taken by the judge, depending upon what the subject matter at issue is, you MAY be able to be present by telephone.  This is called a telephonic appearance.  However, you have to get permission to appear by telephone in advance by filing a motion for a telephonic appearance, AND you have to have a good, valid, legal reason to do so, which needs to be stated in your motion before the judge will grant it.

For divorce trials, both the husband and the wife have to be present in the courtroom.  For uncontested final divorce hearings, only one party need be present in the courtroom.  For more information about Palm Beach County Divorces, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site for more information at http://www.familylawwpb.com.

You Want To Divorce But Can’t Find Your Spouse…What to do?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Imagine separating and losing track of where your spouse is.  Now you want  a divorce and can’t find him/her.  What to do?

The courts require a due diligence search first, and if that fails to locate the spouse, then you must publish in a legal newspaper for 4 consecutive weeks.

Why do you need to do this?  To serve notice to the other party that you are instituting a legal action (a divorce) against him/her.  This is called one’s due process rights, to be notified of a legal action against you.

What is a due diligence search?  You must certify to the court that you have tried the person’s last known address, close relatives, last place of employment, clubs or other locations where the party might be located.

You can also contact the post office under the Freedom of Information Act to try to locate the person at a forwarding address.  If that fails, then you have to publish a public announcement in a legal journal for four consecutive weeks.  Only then can you proceed with your legal action without locating the person.

For more information about this or other divorce topics, call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at http://www.familylawwpb.com.