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.