What Is A Motion To Compel?

By Robin Roshkind, Esquire, West Palm Beach, Florida

A motion to compel is filed with the divorce court and heard by the divorce court judge when a party to a divorce does not do something required to get the divorce finalized.  Usually a motion to compel has a request for attorneys fees or sanctions in it, since the filing of this type of motion was caused by the bad behavior of the other party, for which he/she might have to pay your attorneys fees and costs for having to bring the motion in the first place.

Motions to compel are filed when your spouse does not provide things you are entitled to in the divorce process.  For example:

1) A financial affidavit which is a requirement for a divorce in Palm Beach County, Florida

2) Mandatory disclosure, including tax returns, bank statements, credit card bills, pay stubs, and the like,  including other financial information to which you are entitled to.

3)  If your spouse refuses to take the required parenting class and file a certificate of completion.

4)  If better answers to requested interrogatories are necessary and not provided, the divorce court judge may compel better or more complete answers.  The divorce court judge can also compel a party to comply with a request to produce.

5)  The court can also compel attendance at mediation and require the erring spouse to pay for the other party.

Motions to compel are case specific and depend upon what is required and what is not complied with in the divorce process.  Don’t forget to ask for an award of attorneys fees in motions to compel.  For more information about this or other divorce topics in Palm Beach County divorce courts, 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.

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What Is Court Ordered In A Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

I can only speak for the 15th Judicial Circuit in and for Palm Beach County, Florida, because that is where I practice divorce law…but here, there are certain court ordered procedures that MUST be completed, or the judge will not grant a divorce, whether or not it is amicable settlement or by trial.  Here are the requirements:

1.  A financial affidavit of both parties must be in the court file.

2.  If there are children of the marriage, a parenting class certificate must be in the court file indicating that both parents have taken and completed the required 4 hour parenting class either on line or in person. 

3.  The parties MUST attend mediation to attempt a settlement prior to appearing before the judge for temporary support issues such as residency of the children, child support amounts and alimony and attorneys fees.

4.  If there are children, a child support calculation worksheet must accompany the final paper work in the divorce case.

Sometimes in a divorce case there are other court orderred procedures such as a status check on the matter or a second mediation.  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 www.familylawwpb.com.