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.

Prenuptial Agreements and the 30 DAY RULE

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are thinking about getting married for the first time or remarried, if you have assets, it is important to protect them.  That is where the prenuptial agreement can help you, especially if you already have children from another relationship.

The prenuptial agreement predetermines death issues as well as divorce issues.  I work with estate planning counsel and tax advisors to assure clients the protections they require.   This is a highly skilled process and it determines the rest of your life.

I also want to observe the 30 day rule:  the prenuptial agreement must be negotiated, worked out and agreed upon by the fiance, at least 30 days prior to the wedding.  This gives the fiance time to reflect, time to seek independent tax advice and legal counsel without pressure.   If you want more information, come in to see me.  Call 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

Collaborative Law…Will It Work For You?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If BOTH you and your spouse will agree to agree, to work out the terms of your divorce without court interception, then a collaborative divorce is for you.  A collaborative law divorce is less time consuming, less expensive, and less stressful for all involved.

The parties agree to stay out of court.  They have motivation to come to a settlement of all the divorce issues:  child care, time sharing, child support, holiday vacations, alimony, attorneys fees, division of assets and debts, what to do with the marital home.

It is especially relevant in today’s economy, where money is generally tight and the parties wish to proceed to divorce anyway.  Agreements are more likely to be adhered to, easier to come by, and fashioned in a economical way.   Both parties can economize by using one accountant, one therapist and two attorneys who are working together.  For more information about collaborative divorce, call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

How to prepare for a divorce court hearing.

By Robin Roshkind, Esquire, West Palm Beach, Florida

You have done all your discovery.  The pleadings are in  order.  You have been to mediation with your spouse and you could not agree on a settlement.  Now it is time to prepare to go before the divorce court judge.

How is it best to prepare.  Follow the following checklist:

1.  KNOW YOUR FINANCES.  You have produced a financial affidavit, and other documents.  Know what they say.  Review and review some more.

2.  KNOW YOUR ISSUES.  Think about where you and your spouse have differing opinions.  Think about how you want this resolved.

3.  ADDRESS WHERE YOUR SPOUSE WILL ATTACK. Know the weaknesses of your case.

4.  ROLE PLAY.  Practice with your attorney on answering key questions.

5.  FOLLOW THE ADVICE OF YOUR ATTORNEY.  He or she has done this before. 

For more information about preparing for your divorce court hearing or other information, click on the Robin Roshkind, P.A. website at www.familylawwpb.com or consult with one of the attorneys at the Firm by calling for an appointmentat 561-835-9091.