What Do Divorce Paralegals Do?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The paralegal staff at ROBIN ROSHKIND, P.A. are highly trained, experienced paralegals who have been with the Firm for more than 10 years.  They serve both the divorcing clients of the Firm, and the lawyers who advocate for those clients.  When a new client retains the Firm for legal representation in a divorce case, the client is assigned to a paralegal and attorney team, because that is the most cost effective way for the client to get through the process. 

The paralegal will handle all the administrative and ministerial tasks on a divorce matter.  She works at a much lower billable rate per hour than does a divorce lawyer.  She does things like assist the client with filling out financial affidavits or finding an accountant for the client to work with on this task.  She will issue to your spouse or the attorney representing your spouse, the standard requests for mandatory disclosure of financial information, standard interrogatories, requests to produce documents, and also schedule when these things are due back pursuant to the Family Law Rules.  She will remind the divorce lawyer when these documents are due back, so if they are not back timely, the lawyer will then do a motion to compel and for fees for having to do so.  The paralegal will organize and log in all this discovery, which could be boxes and boxes of documents.

Paralegals generally schedule and keep the attorneys calendar of conferences, meetings, mediations, depositions, court hearings; she will coordinate these with opposing counsel’s office and the judicial assistant to the judge assigned to the case.  She will hire translators, appraisers, private investigators, real estate agents, gather information about life insurance, credit cards, and perform other helpful services to the divorcing client.  She will notarize documents, send pleadings to opposing counsel, file documents in the courthouse, courier urgent deliveries of documents,  write letters, issue subpoenas, all in service of the client’s best interests during this pressing time.

Paralegals keep a divorce case moving from point to point to point with clarity, efficiency, accuracy, and diligence.  They are invaluable to the attorneys who they work for, and priceless to the divorcing clients they work with. 

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.

 

 

Exchanging Information In Divorce Cases

by Robin Roshkind, Esquire, West Palm Beach, Florida

It is common knowledge that divorce is all about money.  Sometimes it is amazing at how two people can greatly differ in opinions at to what things are worth.  For example, a marital home, a piece of jewelry, a painting, a business…the parties can be worlds apart as to what the true value is of any marital asset. 

That is why parties in divorce cases employ appraisers.  And even appraisers can differ.  But in dividing marital assets and debts, no matter how you look at it, there has to be  an exchange of financial information.  This takes up most of the time in a case early on.  It is called the discovery phase of the case.  There is mandatory disclosure, and there are requests for documents to be produced. There are also interrogatories to be answered.  All this information has to be gathered, photocopied, logged and presented to the opposing side in the divorce case.  This is extremely tedious, time consuming and downright annoying for both parties involved but it is a necessary evil.  Upon the exchange of financial information, the lawyers will set a mediation in an attempt to settle the matter.  Any disputes will be presented at trial in a temporary relief hearing, and the divorce lawyers will then start preparing for trial.  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.  

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.

What Are Interrogatories?

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are many tools divorce lawyers use to determine the truthful facts of a marriage.  Depositions are one way to seek information.  Production of documents or discovery documents are another.  This is where a party has to produce tax returns, bank statements, credit card bills and the like.  A financial affidavit is a sworn statement that asserts the truth about one’s expenses, income, assets and debts.

Interrogatories are another way a divorce lawyer can gather information.  They are a series of questions that ask everything from whose name is on the deed of the marital home to how much is set aside for kids’ college educations.  They are sworn to as correct and truthful by the party who answers the questions.

If you are getting divorced in Palm Beach County, Florida, and want more information about this or any other 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 for more information.

Financial Disclosure An Important Legal Matter

By Robin Roshkind, Esquire, West Palm Beach, Florida

Financial disclosure, sometimes called discovery, or mandatory disclosure, is an important requirement of several legal situations.  Without it, the validity of an agreement cannot be verified, a divorce cannot be granted and a prenuptial agreement may be declared voidable.

For example, a financial affidavit and supporting documents such as tax returns are a requirement for a divorce in Palm Beach County.  Without the parties’s disclosure, the judge cannot grant a divorce.

In cases where the parties wish to marry and have a prenuptial agreement, disclosure is required before a party can waive his or her marital rights.

In a marital settlement agreement, if there is any hidden money, secreted bank accounts or funds not disclosed, a divorce will turn nasty, lengthy and expensive.

We lawyers have our ways of getting hold of these documents.  We issue a request to produce certain documents, interrogatories, or a request for admissions.

We divorce lawyers also  have our ways to limit disclosure.  Discovery can be protected though if it causes undue burden, is a vague request, too broad in time frames.  This is accomplished by a motion for protective order and a hearing before the judge. 

If you are thinking about getting divorced or married in Palm Beach County, Florida, call ond of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com for more information.