What Are “Rosen” Fees in Florida Divorce Courts?

by Robin Roshkind, Esquire, West Palm Beach, Florida

In divorce cases, because one side cannot control the actions of the other, divorce lawyers work on an hourly basis at a specified hourly rate.  The hourly rate itself can vary from attorney to attorney, but most divorce lawyers will work a case on an hourly basis.  There are certain normal procedures in the life of a divorce case.  Things like mandatory disclosure due dates, motions, mediations, and temporary relief hearings.  However, where one party intentionally, vindictively, and vexatiously either delays the case, files unnecessary pleadings, or stalls the matter by disobeying court orders, the offended party may request the court award him/her attorneys fees and costs from the offending party under Rosen v. Rosen and other cases that came after that case in time.  The language and meaning is clear:  Should one spouse cause a the other to incur unnecessary or unreasonable attorneys fees and costs due to vexatious litigation, the court should award attorneys fees and costs for that. 

This award of fees and costs is very different from the statutory award of fees and costs under the “need of one spouse and the ability of the other spouse to pay” attorneys fees and costs due to a substantial difference in incomes or assets.  That is a different pleading with a different legal basis, even though an award of attorneys fees and costs is the same result, but for different purpose.   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 for more information.

Negotiating The Terms Of A Marital Settlement Agreement In Divorce

by Robin Roshkind, Esquire, West Palm Beach, Florida

Generally speaking, the divorce issues that need to be dealt with include as follows: alimony or spousal support, attorneys fees and costs, mediation fees, declaring what property is marital and what is non marital, fairly dividing up what is marital property and personal property, and dividing up marital debt, then declaring what is not marital debt. There is also the issue of the marital home and other real property, as to who will buy out whom, or will the properties be rented, or listed for sale and what happens then.  

Aside from these financial issues, are children’s issues, which include as follows: time sharing to each parent, child support worksheet calculations, shared parental responsibility or sole parental responsibility on certain decision making, (who will do homework), a parenting plan, schooling, religious training, counseling, and whether a parenting coordinator will be beneficial to facilitate the matter between the parties. 

All of these terms go into a 30 or so page document called a marital settlement agreement.  This agreement is agreed to and signed by the parties and becomes part of a final judgment of dissolution of marriage. 

As anyone can imagine, with all that there is to decide, two divorcing people will have a hard time.  That is where lawyers, accountants and shrinks come into the picture.  With knowledge about the possible ruling from a judge under the law, the team of experts guide the parties.  They can either negotiate in good faith and reach a resolution no one likes but everyone can live with, or the judge will decide their futures by enforceable court order.  For more information about this or other divorce topics, call one of the lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

How Do I Pay For My Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

I go over this question every time I have a divorce consultation.  After I go through the facts of the marriage and discuss the various options and outcomes that can be anticipated, I always get two questions from clients:  How much is my divorce going to cost?  and How do I pay for my divorce?

As far as cost of the divorce, I usually give a range of attorneys fees and costs according to different scenarios, one being a quick settlement, another, settlement in the normal course, or the last option, trial.   As to how to pay for it, here are some ways clients pay for their divorce:

1.  Pay from savings, checking or investment accounts.

2.  Pay from income.

3.  Put the attorneys fees and costs on a credit card.

4.  Borrow from family members or friends.

5.  Get a loan or cash advance.

6.  Sell separate property such as pre marital jewelry, real estate, vehicles, heirlooms etc. 

If I am representing the “have not” spouse, I can go into court for a court award of attorneys fees and costs from the “have” spouse, in a temporary relief hearing.  However, the client has to have enough funds on account with the Firm  to pay for these services.  That is why married couples should always have either some funds stashed away for private use, or support from family and friends until I can get this accomplished.  For a complete discussion on 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.