“He Said She Said” Not Enough In Divorce Court

by Robin Roshkind, Esquire, West Palm Beach, Florida
After filing for divorce in Palm Beach County, it is mandatory that the parties exchange financial information by way of proof.  This helps to settle divorce issues like alimony and attorneys fees, child support and division of marital assets and debts.

Each party must provide to the other things like tax returns, bank statements, credit card bills, pay check stubs or income statements, mortgages, investment and retirement accounts and the like.  Both parties are required to disclose this information under Florida Family Law Rule 12.285, which is commonly referred to as the mandatory disclosure rule.  In most cases, the court requires going back one to three years with these statements.

The court views these statements as the back up data to a parties’ sworn financial affidavit, perhaps the most important document in any divorce.  A divorce cannot be granted without one.  Proof of income is used for child support calculation purposes; to show need or ability to pay alimony and attorneys fees.  Credit card and other billing statements show debt.  Investment accounts, mortgages, and deeds to real estate show lifestyle of the marriage and determine equitable distribution schemes.

The paper pile tends to grow but merely standing in court and testifying as to your need, or lifestyle or debt is just not enough for the divorce court judge.  Your allegations must always be backed up by proof.  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.

Video Tapes, Transcripts and Other Evidence At Trial

By Robin Roshkind, Esquire, West Palm Beach, Florida

You’ve been to mediation and tried to settle with your spouse.  Unfortunately, the case is going to trial.  It’s time to hire a lawyer, if you have attempted to get your divorce without counsel.

What types of evidence will be necessary at trial?  Things like deposition transcripts, documents including tax returns, court papers, deeds to property, mortgage and car loan docs, the parties financial affidavits, credit card bills, appraisals of real and personal property, and any other relevant proof.

What are you trying to prove?  It depends if you are asking for child support, alimony, or attorneys fees, in which case incomes are important, or if  you are asking for distribution of marital assets and debts, then what the asset values are and what the debts are.

If a pre nuptial agreement is being challenged, then produce the video of the signing.  If a spouse is suspected of hiding income, then lifestyle studies are important.  If a spouse is unemployed, an employability study can be used as evidence of the marketable skills of the spouse.

Remember, you are in court because you could not agree.  At this point, don’t go to court without a lawyer.  This is too important and too tricky for a do it yourself divorce.  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.

Divorce Is About Change.

By Robin Roshkind, Esquire, West Palm Beach, Florida

When you go through divorce, you have to realize that, for better or worse, it is all about change.

You may be changing your residence, your schedule with your children, your expenses, your education, your employment, your lifestyle.  You go from being a pair to a single.  You have to have a different mindset about what it is that makes you happy.  You discover the real you.

You change your credit cards, your cell phone account, your electric bill.  You change your name, your driver’s license, your bank, your state.

You may even change your look by dying your hair, plastic surgery, a complete makeover.  And certainly you change your outlook.

Divorce should be considered growth.  You are leaving a bad situation for a better one.  And if you are the one who does not want the divorce, you are leaving a bad situation for a better one.  Why live with someone who doesn’t want you?  Change is a good thing.  It changes the way you look at change.

For more information about any 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.

“Irreconcilable Differences” and Other Divorce Terms You Should Know.

By Robin Roshkind, Esquire, West Palm Beach, Florida

 Two requirements for divorce in the state of Florida are residency and irreconcilable differences.  Without these two conditions being admitted to in fact, a divorce cannot be granted.  What exactly does it mean to have irreconcilable differences?  Residency?  And what other terms are divorce related in Florida?

“Irreconcilable differences” means that not under any circumstances, even with marriage counseling, can the marriage be repaired or saved…and that the marriage is “irretrievably broken”.   “Residency” means that a person must live, work, have possessions, drivers license, lease, or deed to property, and eat and sleep in the state of Florida for 6 months prior to filing for a “divorce action”.  “Action” means “lawsuit” in the courts.  When your attorney files a divorce case, he or she is really filing for a “dissolution of marriage”.  “Dissolution” means to dissolve a legal relationship, i.e. the marriage.  “Child support” is easy to define.  It is the monies to which a child is entitled to from BOTH parents.  “Alimony” is the spousal support from one spouse to the other.  Sometimes alimony and child support are classified as “undifferentiated support”.  Attorneys fees from one party to another puts the divorcing parties “on equal footing”.  “Deposition” is the formal questioning of a party “under oath” in discovery of financial facts of the marriage and can also encompass affairs, living arrangements, income, expenses, trips, and just about anything else an “opposing counsel” wishes to ask.  “Temporary relief”  is the support and timesharing of children established pending the divorce “proceedings”.  These terms to live by are temporary until a “final judgment” is entered by the judge.  “A court order on divorce” is enforceable by the court.  A “final judgment” is the actual “divorce decree” when the whole thing is finished and signed by the judge. 

For more information 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.

What “Causes” Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Many married couples go along not realizing how a relationship can deteriorate into a bad situation.  Then when their partner mentions divorce, they are completely taken by surprise.

The list is a short one as to the main causes for divorce: sex, money, power.

Take sex first…either there is not enough sex in the marriage, or no sex, or sex outside the marriage.  Affairs, adultery, cheating, broken loyalty and broken trust is the result.  Irreconcilable differences arise.

Re: money, financial strain on the marriage causes arguing as to what bills go unpaid, foreclosure of the marital home, loss of job or income, laziness to find work, mounting expenses… all are ripe grounds for discontent, dispute and divorce.

Then comes power, which can result in controlling behavior of one over the other.  Verbal or physical abuse, domestic violence claims, criminal behavior of stealing a spouse’ personal property (like jewelry or tools), is the result.

Other causes of divorce include mental health problems, issues with in laws or extended families, children of another marriage, drug or alcohol use. While each case is different, if you see yourself in any of the above scenarios, consult with a divorce lawyer immediately to protect your rights.   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.