How To Navigate The Deadlines In Divorce Litigation

By Robin Roshkind, Esquire

Divorce is a process.  It takes time to get from one point to the next.  First, when you file, your petition for dissolution of marriage, the other spouse must be served with divorce papers.  Once served, that spouse has 20 days to file a responsive pleading and/or a counter petition for divorce.  Should a counter petition be filed, you, the filing spouse, have 20 days to respond to that counter petition.  Then comes the discovery and disclosure of financial information.  A financial affidavit must be filed along with supporting documents given to the other side.  Motions to compel mandatory disclosure may have to be heard by the judge.  However, once all the disclosure requirements are met, the parties can set a mediation in an attempt to settle the matters in dispute.  At this point, you have already spent 3 to 6 months or longer to get to mediation.  At mediation, the divorce may fully settle, partially settle or there may be no settlement at all.  If there is no settlement, a temporary relief hearing will be scheduled before the judge.  Typical relief is child support, alimony and attorneys fees to finance the litigation of this pending divorce. 

This, of course, is an overly simplified discussion of the process and curve balls may get in the way, costing time and money.  The important thing to do is talk to your lawyer and understand the time lines, so you don’t have unrealistic expectations.  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. 

It Takes Two To Settle A Divorce

by Robin Roshkind, Esquire, West Palm Beach, Florida

I often have clients come into my office seeking a divorce settlement.  They tell me that their spouse agrees to “everything” and that they want to settle their case.  You would be surprised at how quickly this turns into a contested divorce.  The reason is that a husband or wife cannot agree to something if they don’t know their rights.  Once they know their rights, they certainly can waive them.  But until that time, any agreement is not an agreement at all, as it is garnered under false pretense, bad advice or both.

Areas of contention in divorce cases abound in terms of things like: what is one’s TRUE income; appraised values of real estate, art collections, jewelry, antiques etc.; what is best for the children;  who should pay for what debts. 

In order for a divorce to settle, BOTH the husband AND the wife have to want to settle.  If then they can’t agree, there is no possibility of settlement.    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.

 

 

A Speedy Trial In Divorce Court?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Getting divorced is a process, and the wheels of justice turn ever so slowly.  That is the answer to the question of a speedy trial in divorce court:  it is highly unlikely.  Here’s why:

1.  The first reason is that all divorcing couples in Palm Beach County must provide a financial affidavit backed up with documents called mandatory disclosure.  This includes things like pay stubs, tax returns, bank account statements, bills, and lots of other paper proof, including appraisals, mortgages, car loan documents and the list goes on and on.  These things take time to gather and there are mandatory deadlines along with extensions for good cause.  Often times you can’t rush those deadlines.

2.   Along with discovery of documents, comes depositions.  Each side has the opportunity to take the deposition of the other party, their witnesses and expert witnesses like the CPA, appraiser or the psychologist. 

3.  Expert witnesses need time to put together reports for the judge to consider. Whether it is a social evaluator, a vocational evaluator, a real estate appraiser, a forensic CPA, or any other expert, they need time to analyze and prepare their evidence and reports.

4.  All parties to a divorce in Palm Beach County must go to mediation before ever seeing the judge.  This needs to be scheduled and involves several people: the lawyers, the CPAs, the parties, and the mediator.  It is a challenge to get everyone available at the same time, and this takes some doing.

5.  Negotiations are ongoing.  While all of the above is ongoing, settlement is always a possibility.  Some parties have a habit of offering up settlement offer after settlement offer just to keep the litigation ongoing or to buy some time to strategize. 

In conclusion, if you are thinking about a divorce, the process can take anywhere from a few months to a few years, depending upon how much is involved in the marital estate, and vindictive the husband and wife want to be toward each other.  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 for more information.

 

 

The BEST Divorce…The WORST Divorce

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are thinking about getting a divorce in Palm Beach County, Florida, it could be an amicable or nasty experience.  The determinant factors are the personalities of the parties involved, and the facts of the marriage.

Here is what the BEST DIVORCE looks like:  There is an unchallenged prenuptial agreement which sets forth the division of assets and debts, and provides spousal support and other agreed upon divorce terms.  This contract is enforceable and was agreed to by clear heads, prior to the wedding.  Sounds strange, but this is the best case scenario in my divorce world.

If there is no prenuptial agreement, but both parties can agree that the marriage is over, by removing emotions from the equation, the parties can be reasonable in agreeing to divorce terms.

By way of comparison, here is what the WORST DIVORCE looks like:  There is drug and alcohol abuse, domestic violence, infidelity, death threats, threats of financial ruin, restraining orders, fighting over the kids as pawns, lots of screaming, crying, destruction and very mean spirited behavior by both the husband and the wife. Someone loses his/her job, the house goes into foreclosure, the lights get turned off, the clothes get thrown onto the front lawn, cars get wrecked, along with good credit and lives.  The school knows, the office knows, the family knows, the neighbors know every sordid detail.

As a divorce lawyer, I have handled these extreme divorce cases and everything in between. One husband told his wife she could have both the car and the house in a divorce settlement.  He then proceeded to drive the car through the front door of the house.  He was laughing all the way to jail.   For more information about divorce and divorce law, 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.

Your Divorce Is Public Record!

by Robin Roshkind, Esquire, West Palm Beach, Florida

You may not be aware of this, but your friends, private investigators, nosy neighbors, future husbands or wives, and complete strangers can have access to your final judgment for divorce and more, to be found right there in your court file.  Anyone can see what assets you get or give away in your divorce.  Anyone can see how many children you have, how many homes you have, how many cars you have and what debts you walk away with…it’s all right there for the looking and available to anyone who cares to see right there in public view.

Things that are protected from prying eyes of the world include bank account and credit card numbers, social security numbers, children’s names and birthdates, adoption records, mental health and other health records.  These are privacy protected by the court system.

However, all pleadings in your divorce matter and all allegations made in court documents are on public view, no matter which party makes them.  So if you are going to call your husband or wife a liar and psychopath, or a child molester, you may want to think about the effect on the children in the future.  Financial affidavits, like arrest records, are also public record.  Financial affidavits list everything from
 a person’s monthly dry cleaning bill to rent or mortgage payments.

Perhaps the most damaging or privacy invasive court document available for the world to see is the final judgment of divorce or the marital settlement agreement.  These are very detailed documents which set forth marriage and divorce details you might not want your neighbors to know.  Unfortunately, it is in rare cases that certain documents can be kept out of the court file.  If you want more information about your particular case, 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 Is Temporary Relief?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Temporary relief includes any kind of relief for the “have not” spouse, to allow the spouse to live and pay bills, pending the outcome of divorce proceedings.  There is usually a temporary relief hearing before the judge, in the event that a court ordered and required mediation does not resolve in a global settlement of the divorce.

Temporary relief can include a court order on child support, time sharing, shared parental responsibility, alimony, attorneys fees, exclusive use and possession of the marital home, a partial division of marital assets and debts, and any other relief requested by the spouse, to allow normal household bills to be paid, and maintain the status quo pending any outcome in the divorce.  Temporary relief stays in place until further order of the court, or an agreement of the parties.  Temporary relief may or may not be precedent setting.  For more information about this or other divorce topics, call one of the Palm Beach divorce lawyers at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

Judge’s Decision vs. Amicable Settlement In Divorce Court

by Robin Roshkind, Esquire, West Palm Beach, Florida

When you are thinking about filing for divorce, you had better think about what kind of marriage you have.  That is to say, is it full of hate and vindictiveness?  Is it full of secrets?  Is money scarce?  Does your spouse withhold sex?  Are you just room mates without passion?  Is there a paramour involved?

The personalities of the husband and the wife are key along with the circumstances for the bad marriage.  Often this determines what type of divorce you will ultimately be involved in.  If both parties realize the marriage has been over for years, it will be a much easier divorce than if your spouse just caught you in the bedroom with another and ran out to file papers.

Is there a way to predict?  Sometimes marriage counseling can help husbands and wives resolve the issues of whether to go forward or not with an amicable divorce, or to litigate and let the judge decide how  you will live the rest of your lives.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091.

What Happens If You Want To Settle Your Divorce, But Your Spouse Doesn’t?

By Robin Roshkind, Esquire, West Palm Beach, Florida

I get this question in my practice all the time…clients come in wanting to settle their divorce.  The spouse just can’t or won’t agree.   What happens then?

There are three very good reasons to settle a divorce matter: less expensive, less stress, faster resolution.  But in order for a settlement to occur, BOTH parties have to be on the same page.  Both the husband and the wife have to agree to agree to stay out of court.  If that is not the case, settlement is just not possible.

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.