Exchanging Information In Divorce Cases

by Robin Roshkind, Esquire, West Palm Beach, Florida

It is common knowledge that divorce is all about money.  Sometimes it is amazing at how two people can greatly differ in opinions at to what things are worth.  For example, a marital home, a piece of jewelry, a painting, a business…the parties can be worlds apart as to what the true value is of any marital asset. 

That is why parties in divorce cases employ appraisers.  And even appraisers can differ.  But in dividing marital assets and debts, no matter how you look at it, there has to be  an exchange of financial information.  This takes up most of the time in a case early on.  It is called the discovery phase of the case.  There is mandatory disclosure, and there are requests for documents to be produced. There are also interrogatories to be answered.  All this information has to be gathered, photocopied, logged and presented to the opposing side in the divorce case.  This is extremely tedious, time consuming and downright annoying for both parties involved but it is a necessary evil.  Upon the exchange of financial information, the lawyers will set a mediation in an attempt to settle the matter.  Any disputes will be presented at trial in a temporary relief hearing, and the divorce lawyers will then start preparing for trial.  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.  

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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.

What Happens If I Don’t Follow A Court Order?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In divorce court, there are many court orders for many things:  temporary relief orders order a party to pay child support or alimony to another; orders to compel production of discovery documents usually have a deadline by which to comply; orders on time sharing of children set forth parameters of when and where to pick up and deliver kids;  there are all sorts of court orders in divorce cases.

So if you don’t or can’t obey a court order, the other party has the option of holding  you accountable.  If that party takes an affirmative step to hold you accountable, you may face a motion for contempt and enforcement of a court order.

Depending upon whether you intentionally violated the order, or it simply was impossible for you to comply makes a big difference.  For more information about this or other divorce topic, 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.

What Type Of Divorce Will You Have? Part 2 Settlement or Trial

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are thinking about getting a divorce in Palm Beach County, Florida, know that your divorce can go only one of two ways.  Either you and your spouse will settle your divorce issues, (including alimony, attorneys fees, child support, if any, child time sharing, equitable distribution of assets and debts, non marital property, name changes,) or  you will take all or some of the disputed issues to the judge.

Settlement is quicker, less expensive and less stressful.  But it can only happen if both parties want to settle.  If one spouse wants to settle but the other does not, you are going to trial.  Going to trial entails extensive discovery, depositions, witness preparation, transcripts, document production and analysis by a forensic CPA, court reporters, evidence and logs, and costs a bundle.   It also takes up a great deal of time and could cause illness from the stress of it all.

Counseling and therapy more than lawyering can help husbands and wives decide how to proceed.  Parties who can set aside emotion and just get the job done have a better chance of settlement.  Also judges would rather the spouses manage their own future lives.  They do not like to micro manage families. 

If you are thinking about 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.

What Are Interrogatories?

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are many tools divorce lawyers use to determine the truthful facts of a marriage.  Depositions are one way to seek information.  Production of documents or discovery documents are another.  This is where a party has to produce tax returns, bank statements, credit card bills and the like.  A financial affidavit is a sworn statement that asserts the truth about one’s expenses, income, assets and debts.

Interrogatories are another way a divorce lawyer can gather information.  They are a series of questions that ask everything from whose name is on the deed of the marital home to how much is set aside for kids’ college educations.  They are sworn to as correct and truthful by the party who answers the questions.

If you are getting divorced in Palm Beach County, Florida, and want more information about this or any other divorce topic, 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.

Things You Can Waive In Divorce Court

By Robin Roshkind, Esquire, West Palm Beach, Florida

 There are certain things you can waive when going through the divorce process.  Why would you waive certain rights?  See below:

1.  SERVICE OF PROCESS.  You can sign a document waiving your right to be served divorce papers by a sheriff or a process server.  Then your spouse or his/her attorney can simply mail you the petition for dissolution of marriage.  It is less embarassing than being served at work, or at home in front of your family.  I often have the opposing side waive service of process when there is an amicable divorce.

2.  FILING AN ANSWER AND COUNTER PETITION.  You can waive your right to file an answer within 20 days or a counter petition for dissolution of marriage.  This speeds up the process, costs less money and where there is already a marital settlement agreement, it is unnecessary.

3.  RIGHTS TO MARITAL PROPERTY.  You can waive your rights to any marital property in order to get a settlement on the table.  It serves as an inducement.

4.  RIGHTS TO ALIMONY and ATTORNEY FEES.  You may be entitled to collect alimony and attorneys fees, but you can waive your rights and get more of the marital estate or less of the marital debt.  This is done in the marital settlement negotiations.

5.  RIGHT TO DISCLOSURE.  You or your spouse can waive your entitlement to extensive discovery of the family finances.  This saves time and money, especially if  you both know exactly what the marital assets and debts are.

One thing spouses cannot waive is YOUR CHILD”S RIGHT TO SUPPORT FROM BOTH PARENTS.  So if you are considering a divorce in Palm Beach County, Florida, and want more information, 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.

How To Work With a Divorce Lawyer.

By Robin Roshkind, Esquire, West Palm Beach, Florida

When you hire a divorce lawyer, you become partners in a mission…that being protecting your rights during your divorce.  Understand that divorce is a process.  There are time frames that must be met according to law.  And your divorce lawyer needs your cooperation.

The lawyer needs to know the facts of the marriage.  Things like how long you are married, did you both work during the marriage, was a business formed during the marriage, are there any inheritences during the marriage, number and ages of children, why did the marriage break up.

You will be required to produce documents about the family finances.  Many clients don’t realize how costly it becomes when they don’t cooperate with their own attorneys.

You will be expected to be level headed and non emotional.  Save the fear, anger, depression for the shrink.  Let the lawyer do the lawyering.

You need to budget funds to pay your lawyer until he/she can get into court to get your spouse to pay, if that is what is required under the law and facts of your marriage.  This usually takes about 3 -4 months in Palm Beach County.  Mediation has to come first, and before that, financial disclosure.

For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. or click on the Firm’s web site at http://www.familylawwpb.com.