case law
Preparing for a Divorce Trial
by Robin Roshkind, Esquire, West Palm Beach, Florida
If the issues of alimony, child support, time sharing, and division of marital property, assets and debts cannot be agreed to by the parties in a marital settlement agreement, a divorce case that is pending, will be going to trial. After extensive and detailed discovery, and the exchange of documents and financial information between the parties, one or the other spouse can request a trial date from the judge. The judge will then review the history of the case by checking the docket sheet to make sure all pleadings are closed and replied to. That being the case, the judge will issue an order setting a trial date and informing the two attorneys of the requirements prior to trial.
This includes filing a pre trial stipulation as to what facts are agreed to by the two opposing attorneys, what facts are in dispute, what issues need to be adjudicated. It also includes the requirement of providing in advance any relevant case law or memorandum of law on a disputed issue, a fact witness list and rebuttal witness list for either party, an inspection and filing of exhibits and evidence and any objections thereto. The judge will also order a mediation to occur sometime prior to the trail date.
Copies of all relevant documents have to be provided to the opposing attorney, as well as be available for the judge. Also in advance of trial depositions have to take place and court reporter transcripts have to be ordered. Trial preparation is a huge and costly task, involving lawyers, paralegals, expert witnesses, and support staff, along with document logs and generation. That is why going to trial is such an expensive undertaking. 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.
What Is A Short Term Marriage And What Is The Legal Significance?
By Robin Roshkind, Esquire, West Palm Beach, Florida
Marriages fall into several categories and depending upon the category, there are legal ramifications. A marriage can be short term, middle of the road or long term.
In Palm Beach County, Florida, a short term marriage is approximately 1 to 5 years as defined by the case law. If a spouse is seeking alimony support, the fact that the marriage is short term may work against that spouse. Also, with regard to prenuptial agreements, if a marriage ends in the short term, a spouse may be better off without a prenuptial agreement than if there is one giving the other spouse a pay out. In short term marriages, alimony is rarely given by the court, especially where the requesting spouse is employed or employable.
In 5 to 13 year marriages, this is called a gray area, and alimony awards depend upon other facts and circumstances in addition to the length of the marriage.
For those marriages that lasted longer than 14 years, the courts view those as long term marriages. If a spouse has not worked during that time, or makes substantially less money than the other spouse, the court is likely to give either lump sum or permanent alimony.
There are many other factors a court considers in awarding alimony. But the length of the marriage is very significant. 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.
Legal Ramifications of Being a Lover, Paramour, the Other Woman or Other Man.
By Robin Roshkind, Esquire, West Palm Beach, Florida
The laws of marriage, divorce, familial and intimate relationships are governed by state statutes and case law. That means that each state has different laws. For example, in some states like New York and California, there are laws governing palimony arrangements, common law marriages, and alienation of affection. However, Florida is a “no fault” state, and an equitable distribution state, and therefore does not have such laws.
Where adultery exists in a case in the State of Florida, there are two issues of concern to the divorcing spouse; one being detriment to the children, potentially resulting in a custody battle, and the other involves expenditure of substantial marital funds on a lover outside the marriage. It is the worngdoer spouse, not the lover, who carries any liability to the spouse who is cheated on. This is because there is no alienation of affection in Florida between a person involved in an extramarital affair and the innocent spouse. Bottom line: In Florida, the lover cannot be sued by the innocent spouse for interrupting the marriage.
If you want more information about relationships and divorce, click on the Firm’s website at www.familylawwpb.com or consult with one of the attorneys of Robin Roshkind, P.A. by calling 561-835-9091.
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