Working the System! Motion for Continuance

Working the System! Motion for Continuance.

Not Obeying Court Orders

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are divorced, you have a court order that either directs you or your spouse to perform certain obligations. This can be the payment of child support and/or alimony, making mortgage or rent payments,  executing a quit claim deed, or transferring property or other tasks.

If you are charged with the obligation, and willfully do not do what you are supposed to do, you may suffer the consequences of contempt of court, that being substantial fines or incarceration.

If you are the recipient, and you do not receive what you are entitled to under the court order, it is up to you to take affirmative legal action by filing a motion for enforcement or contempt.

in that event the parties will have to go to an evidentiary hearing  and present evidence and testimony.  For more information about this or other divorce topiplea all one of the divorce a lawyers at Robin Roshkind, P. A. At 561 835 9091, or click on the Firm’s web site at http://www.familylawwpb.com.

“He Said She Said” Not Enough In Divorce Court

by Robin Roshkind, Esquire, West Palm Beach, Florida
After filing for divorce in Palm Beach County, it is mandatory that the parties exchange financial information by way of proof.  This helps to settle divorce issues like alimony and attorneys fees, child support and division of marital assets and debts.

Each party must provide to the other things like tax returns, bank statements, credit card bills, pay check stubs or income statements, mortgages, investment and retirement accounts and the like.  Both parties are required to disclose this information under Florida Family Law Rule 12.285, which is commonly referred to as the mandatory disclosure rule.  In most cases, the court requires going back one to three years with these statements.

The court views these statements as the back up data to a parties’ sworn financial affidavit, perhaps the most important document in any divorce.  A divorce cannot be granted without one.  Proof of income is used for child support calculation purposes; to show need or ability to pay alimony and attorneys fees.  Credit card and other billing statements show debt.  Investment accounts, mortgages, and deeds to real estate show lifestyle of the marriage and determine equitable distribution schemes.

The paper pile tends to grow but merely standing in court and testifying as to your need, or lifestyle or debt is just not enough for the divorce court judge.  Your allegations must always be backed up by proof.  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.

Does It Matter Who Files For Divorce First?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Clients who come in to see me for a divorce consultation often ask if there is any advantage to filing for divorce first and before their spouses do.  As far as substantive facts and law, there is no advantage or disadvantage as to whether you are the petitioner, asking for the court to grant a divorce, or the respondent, the spouse who is served with the petition and has to respond.

However, strategically, there is an advantage to being the petitioner and filing for the divorce first.  In terms of going to trial, if you are the petitioner, you get to present your case to the judge first.  You make the first impressions on the judge.  You get to present the facts of the marriage from your perspective first.  You make opening statements and closing arguments first.

The disadvantage of filing for divorce first, is you have to pay the filing fee to the court.  You have to pay to have the other spouse served with your petition.

Often times, there is a “race to the courthouse” when spouses live in two different states.  Here it would matter who files first because of convenience.  For example, if the parties have been separated, and Husband lives in Connecticut and the Wife lives in Florida, and they own a home in each state, whoever gets to file first generally will have the divorce take place in their state.  There are extenuating circumstances and time frames, but generally whoever filed first will prevail with having the divorce proceedings in their jurisdiction.  For more information about this or other hot topics in divorce, 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.

Marital Settlement Agreements Are “Special” Contracts

by Robin Roshkind, Esquire, West Palm Beach, Florida

When you are going through the divorce process in Palm Beach County, Florida, you will have to go to mediation, prior to going to trial in the courtroom.  This is court  mandated, and gives a divorcing couple a formal way to settle out their differences by themselves, instead of having the judge dictate how the family will live from final judgment forward.

Marital settlements agreements become part of final judgments of divorce.  They are based upon both the husband and the wife fully disclosing all finances, separate and marital property, legal obligations and debt.  They equitably divide marital assets and debts, setting aside separate property, they provide for spousal support or alimony, and also set forth guidelines to follow for any children of the marriage.

That can include child support, time sharing, vacation time, grandparents rights, shared parental responsibility, health insurance, doctors visits travel and just about anything else.

After full disclosure and negotiations, if the parties can agree, they will sign a marital settlement agreement, freely, with full knowledge of their rights and obligations and with intent to be bound.  Marital settlement agreements are enforceable by the court as is any court order. For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, PA at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

Liars, and Cheaters and Fraud…Oh My!

by Robin Roshkind, Esquire, West Palm Beach, Florida

I once heard a divorce court judge address a courtroom full of lawyers, husbands and wives, court reporters and spectators, and what he said will never leave my memory…he said something to the effect that, this is divorce court.. everyone is lying.

Appraisers can place valuations of heirlooms to real estate to benefit the party who hires them…accountants can make the numbers say anything they want to…lawyers can interpret statutes and case law from their ownone sided  perspectives…financial affidavits of husbands and wives generally and regretably leave something off the asset column.  One can conclude divorce court is not an exact science.

So how do you reconcile the difficulties of litigation?  The first and best answer is to stay out of court.  At least in settlement talks the parties can determine their own destinies, like it or not.  The next best step is zealous advocacy.  Hire professionals who really on are your side and are dedicated to doing the best job possible for you.  This includes the accountant, the lawyer, the appraiser, the shrink, and private eye and anyone else you need to rely upon for zealous advocacy.

Lastly, you must not have personality conflicts involved in your case.  If you are not comfortable with your “team” do something about it before it is too late.  You can always change attorneys, CPAs, shrinks, etc.

For more information about this or other hot 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.