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.

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Can A Judge Deny A Divorce In Florida?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The answer is yes… a judge can deny a divorce on several different levels.

First it is a requirement that financial affidavits and full disclosure of marital assets, debts and pre marital property is available to the other party.  Without this requirement of MANDATORY DISCLOSURE being met, the judge WILL postpone the divorce proceedings until one or both parties comply.

Secondly, where there are children involved in the devastated marriage, a child support calculation worksheet MUST be in the court file.  Without this, the judge can deny the divorce.

Thirdly, both parents must take the 4 hour parenting class and provide a certificate as proof.

The marriage has to be irretrievably broken and the parties have to testify as such.  Or else the judge can deny the divorce.

If residency requirements of 6 months prior to filing the petition for dissolution of marriage is not met, the judge can deny the divorce.

There are other reasons a judge may deny a divorce or at least postpone the proceedings.  If the judge passes a court order and the parties don’t comply, someone is going to be sanctioned.  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.