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.  

 

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.  

Using Private Investigators In Palm Beach Divorces

By Robin Roshkind, Esquire, West Palm Beach, Florida

If Florida is a no fault state, and there is no punishment for adultery, why then hire a private investigator?  I get this question all the time when I recommend to my clients that they hire one.

The reasons are many:  First a private investigator can assess all public records on a spouse to ascertain if they are property owners, car owners, boat owners, alone or with another person.  You, the divorcing spouse, may not have the entire picture of assets, property wise, and a private investigator will find that information for you.  If a spouse purchased a condo for a paramour, for example, this will show in the property records, and that is money in your pocket, as you will file a dissipation of marital assets claim based upon that information.

Secondly, a private investigator can ascertain all criminal activity, driving records, and behavior of your spouse or your spouse’ live in.   If your spouse “forgot” to tell you about the DUI he/she got, this information may be helpful if you are going for custody of the kids.

Thirdly, a private investigator or forensic computer specialist can access computer files, telephone records, text messages, internet postings on facebook, match.com and the like.  Information is always helpful.   A private investigator can be a great witness at the divorce trial.

If you are being stalked, your car damaged, or other unusual behavior, a private investigator will discover that as well.  There are many other reasons to use a private investigator and/or a computer forensic specialist.  For 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 http://www.familylawwpb.com for more information.

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.

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.

Financial Disclosure An Important Legal Matter

By Robin Roshkind, Esquire, West Palm Beach, Florida

Financial disclosure, sometimes called discovery, or mandatory disclosure, is an important requirement of several legal situations.  Without it, the validity of an agreement cannot be verified, a divorce cannot be granted and a prenuptial agreement may be declared voidable.

For example, a financial affidavit and supporting documents such as tax returns are a requirement for a divorce in Palm Beach County.  Without the parties’s disclosure, the judge cannot grant a divorce.

In cases where the parties wish to marry and have a prenuptial agreement, disclosure is required before a party can waive his or her marital rights.

In a marital settlement agreement, if there is any hidden money, secreted bank accounts or funds not disclosed, a divorce will turn nasty, lengthy and expensive.

We lawyers have our ways of getting hold of these documents.  We issue a request to produce certain documents, interrogatories, or a request for admissions.

We divorce lawyers also  have our ways to limit disclosure.  Discovery can be protected though if it causes undue burden, is a vague request, too broad in time frames.  This is accomplished by a motion for protective order and a hearing before the judge. 

If you are thinking about getting divorced or married in Palm Beach County, Florida, call ond of the attorneys 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.