New Year Time To Divorce?

New Year Time To Divorce?.

New Year Time To Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

It’s a new year…time to face facts:  and change jobs, go on a serious diet or leave your marriage.  In all cases, it’s about time!  Make some improvements in your life.  Life IS too short. 

Whether you are collecting alimony or paying it, it is worth it.  Whether you have the kids part time or full time, it is worth it.  Whether you need to move out or move on, it is worth it.  Seeking alimony, child time sharing, child support, or enforcing court orders you already have, are worth it! 

Whether you are going to mediation or divorce court, it is worth it.  Call a divorce lawyer to find out your rights.  It is worth it!  For more information about divorce call one of the 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.

How To Modify Divorce Final Judgments And Other Family Court Orders In Florida

by Robin Roshkind, Esquire, West Palm Beach, Florida

In Palm Beach County, Florida, once the divorce is over and a final judgment is entered, there are certain aspects of the divorce that are literally carved in stone.  Equitable distribution of assets and debts, once decided, and unless taken up to the appellate court, are final.  If a judge made an error of fact or law in considering the equitable distribution of assets or debts of the marriage,  the flawed final judgment must go up on appeal rather quickly.  You have 10 days to file for a rehearing, and then 30 days to file a notice of appeal.  If there is no error of fact or law, then the equitable distribution scheme is set in stone.  The parties must follow the intent of the order by transferring assets, title, or rolling over retirement plans.  The parties must pay the debts assigned to each of them and hold the other party harmless from  creditors.  Enforcement and contempt proceedings are the recourse against a disobeying ex spouse.

However, certain parts of a final judgment of dissolution of marriage or a divorce decree are modifiable under the right set of circumstances.  This includes anything to do with children, and the award of alimony.   Things that can be modified by the court AFTER a final divorce decree is entered include: child support, time sharing, shared parental responsibility, health insurance for the children, uncovered medical bills, and alimony. 

The ex spouse wishing to modify the final judgment must allege a material, substantial, unanticipated, change of circumstances since the time of final judgment.  Typical changes of circumstances include a loss of employment, sickness, increased income of the ex spouse, change of work schedules, and other substantial changes in the lives of the parties.  These allegations of changed circumstances need to be set forth in a petition to modify and filed with the court.  The proceedings require the exchange of updated financial information by the parties, a mediation session where the matter may be settled by agreed order, or a visit to the judge with proof and evidence of the need for the modification.  Modifications can be tricky to achieve.  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. 

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.  

 

Behaviors That Can Lead To Divorce Court

by Robin Roshkind, Esquire, West Palm Beach, Florida As a divorce lawyer, I see the bad in very good people.  Over the years, I have noticed some recurring themes in my clients or their spouses, that lead me to understand why the marriage failed.  Here are some of the more obvious behaviors that lead couples to divorce:

1.  Disrespect.  When the respect for each other is gone, the marriage cannot be saved.

2.  Unmet needs.  If the spouses “grow apart” leaving each with unmet needs, what more is there to hold onto.

3.  Being critical, judgmental.  These are personal attacks upon someone you are supposed to be in love with.

4.   Being in love with someone else.  This one is obvious.

5.  Blaming without taking responsibility.  A marriage does not fail because of just one side.

If you recognize yourself or or spouse in any of these examples, either get to a marriage counselor, or get to a divorce lawyer.  For more information about the divorce process, 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.

Two Reasons To Head To A Divorce Lawyer

by Robin Roshkind, Esquire, West Palm Beach, Florida

As a practicing divorce lawyer for more than 14 years, I find some common themes.  I want to share these to see if they apply to my readers.  In my opinion, there are two reasons marriages break down:

Loss of respect and loss of trust.

From these, all other things follow, that most people incorrectly label the “cause” of their divorce: infidelity, in law problems, lack of communication, lack of intimacy, extended family problems, sex or lack thereof, money problems, mental abuse, domestic violence, secrecy, spying, stealing, destruction of property, power struggles, discipline of children or lack thereof, not taking responsibility and the list could go on and on.

Once a marriage falls apart due to either the loss of respect or the loss of trust, it is very hard to put it back together.  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.