What Is An Agreed Order In Divorce Court?

What Is An Agreed Order In Divorce Court?.

If You Think You Have A Divorce Settlement, BE CAREFUL!

by Robin Roshkind, Esquire, West Palm Beach, Florida

We divorce lawyers have a old trick…get the other side to think we are settling the case, but then move forward to the divorce proceedings.  The moral of the story is, in divorce court, if you do not have a signed settlement agreement, or a signed agreed order, you do not have an agreement.  You may think you do, but therein lies the problem for you.

In Florida, it is a statutory requirement that all “agreements” be in writing and signed by the husband and wife.   So if you have discovery that is due, temporary alimony payments that are due, depositions that are set, a court hearing to attend, your lawyer still must prepare as if there is no settlement at all until such time as there is a signed document.  Don’t fall into the settlement trap.

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.

It Is Possible To Have A Partial Divorce Settlement

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are so many issues to discuss and resolve in divorce cases, that it is possible to have a partial marital settlement agreement.  You may agree with your husband or your wife on custody of the children, time sharing and exchange of the pets.  But you might not agree on alimony or incomes for purposes of a child support calculation.

In the event that you can divide up the marital stuff, but can’t agree on anything more, you can resolve disputed issues in mediation or ultimately in the courtroom.

If you are thinking about getting divorced in Palm Beach County, Florida, 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.

Agreed Orders And How They Work

By Robin Roshkind, Esquire, West Palm Beach, Florida

In divorce cases, sometimes the problems are caused by opposing counsel. We divorce lawyers have an obligation to represent our clients diligently, to the best of our knowledge and ability.  We also have liability and the Florida Bar breathing down our legal necks.

So even though we may not want to do certain things in the representation of our divorce clients, even though we may want to avoid running up our client’s attorneys fees, we may have to.  That is when I often suggest agreed orders.

If there is a mediation, instead of going to court for an order, I get an agreed order from opposing counsel.  In discovery requests, instead of doing nasty motions to compel, I like to do agreed orders giving the other party time to gather the documents.    On motions for extension of time, I ask for an agreed order stating when the extension will run.  I try as much as possible to defuse disputes with the opposing party by asking or demanding agreed orders.  I also expect the same courtesy from my colleagues.

Agreed orders are signed by the judge and submitted into the court file.  They are as enforceable as if they came from a court hearing.  If you are planning on getting a divorce in Palm Beach County, Florida, 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.