“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.

If Your Marriage Is On The Rocks, PROTECT YOURSELF!

By Robin Roshkind, Esquire, West Palm Beach, Florida

Clients come in for a consultation for information.  They either are thinking about getting out of a bad marriage or relationship, or their spouse has mentioned something about a split.  I often get the question, how do I protect myself?

The first easy piece of advice is PHOTOGRAPH EVERYTHING.  That includes the cars, the boat, the grand piano, grandmother’s sterling silver, jewelry, antiques, paintings, and collections such as wine, coins, stamps, even the big screen.

The second easy piece of advice is PHOTOCOPY EVERYTHING.  The wine lists, coin and stamp logs, mortgages, car titles, deeds, corporate documents, bank statements, credit card bills,  income statements, tax returns, pay stubs, investment accounts, whatever you can get your hands on.

Drop the cartons of pics and copies off to your lawyer.  Don’t leave them in the trunk of you car!

Lastly, don’t leave car keys, wedding rings and other small valuables lying around the house.  They have a tendency to be “stolen”.  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.

PLANNING YOUR DIVORCE for the new year.

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are unhappy in your marriage, but are not sure what to do, chances are you will stick it out as a family until after the holidays.  BUT NOW is a good time to plan your exit strategy.  While your spouse is out shopping with the kids, or visiting Mom’s house, start photocopying everything you can get your hands on:  income statements, pay stubs, credit card bills, bank statements, loan documents, mortgage papers, retirement accounts, real estate listing agreements, titles to cars, boats, trucks, household expense accounts, investment statements, everything that will show ASSETS, DEBTS, OR INCOME.

Divorce planning is important because it helps you sort out the details of your marriage…this is useful when you go to the lawyer for the consultation.  It gives everyone a better idea of what is at stake and what the issues are to be addressed.

Job changes, job loss, sale of property, Christmas bonuses, year end commissions, relocation, new school districts, are all considerations that need to be looked upon by your lawyer.  You can help your lawyer to better serve you if you have all the right information going into the consultation.  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 www.familylawwpb.com for more information.