How To Navigate The Deadlines In Divorce Litigation

How To Navigate The Deadlines In Divorce Litigation.

Divorce Now, Settle Later…It is possible!

By Robin Roshkind, Esquire, West Palm Beach, Florida

In Palm Beach County divorce cases, it is possible to file for and get a divorce decree, and then to settle all the property issues at another and later time.  This is done by a divorce lawyer by filing a motion to bifurcate the case and the court subsequently entering an order approving a bifurcation.

Why would someone want to divorce now and settle up later?  One reason would be to not have other divorce issues be held hostage by the divorce itself.  For example, if a party is going for full custody of a child, by bifurcating the matter to settle the custody issue first, the other party cannot “trade” custody for some other marital asset.  Another reason to bifurcate and get the divorce first, is to remarry.  If there is a baby on the way, for example, a party may want to be free to remarry before the birth.  Since division of assets and debts may take some time in litigation, and with evidence needed, at least the divorce is granted so the party is free to remarry.  

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 If I Don’t Like The Divorce Judge’s Ruling?

by Robin Roshkind, Esquire, West Palm Beach, Florida

You have lasted months or years under the stress of the divorce process.  You finally get to trial.  Now you think the judge made an error of fact or law.  You do not agree with the judge’s decision. AND HAVE A LEGAL BASIS ON WHICH TO DISAGREE. What can you do?

You have several steps:  file a MOTION FOR REHEARING to go before the same judge.  In this motion for rehearing, you must point out any error of fact or law for the judge to reconsider.  Just because you simply disagree with the ruling, does not mean you have a legal reason to get it changed.

If the judge considers and denies your motion for rehearing, hire this Firm or another to file a NOTICE OF APPEAL on your behalf in the higher court, the Fourth District Court of Appeal, which is for Palm Beach County.  If there is a legal basis for an appeal, i.e. abuse of discretion, error of fact or law, you may win a reversal on appeal.  This is another involved process and takes time and money.  But ultimately, you may have satisfaction if the judge’s decision in the lower court gets overturned or remanded back for reconsideration.

For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, PA at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

 

 

Mediation Can Accomplish A Divorce Settlement

by Robin Roshkind, Esquire, West Palm Beach, Florida

All parties to a divorce in Palm Beach County, Florida, must attend mediation at least twice in the course of a case, prior to taking the matter into the court room.  The first mediation occurs shortly after mandatory disclosure documents are received and analyzed by the opposing side.  The purpose of this mediation is to establish an agreed order on temporary relief pending the rest of the divorce proceedings.

Things to be decided include: children’s schedules, child support, alimony on a temporary basis, and who is to pay for which of the household bills to maintain the status quo during the divorce.

If that mediation results in an agreement, it is reduced to an enforceable agreed order until a final order on the entire divorce issues is entered by the court. If there is no agreement, or partial agreement, then  the parties, having satisfied the mediation requirement, can seek a temporary decision from the judge.

The second time the parties must attend mediation in Palm Beach County divorce cases, is when trial for the entire divorce is set by the court.  Sometime prior to that trial date, the parties must return to mediation to see if they can reach a global settlement on things like permanent alimony, equitable distribution of assets and debts of the marriage, time sharing schedules long term and the like. 

If the parties can settle the entire divorce, the terms are drafted into a marital settlement agreement and that becomes part of a final judgment of divorce. If the parties cannot agree, then they are free to continue on to court for the divorce trial, having met the mediation requirement yet again.  About 70% of this Firm’s cases settle in mediation.  It is a useful way to proceed, even with attorneys and CPAs present at the mediation.  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.

Making Out of State Divorce Decrees Enforceable In Florida

by Robin Roshkind, Esquire, West Palm Beach, Florida

Many couples get divorced in another state and then one of the parties moves to the State of Florida, oftentimes with the children.  This causes a situation in which the time sharing or other terms of the original “out of Florida” divorce must be changed.   The methodology Florida divorce lawyers use to accomplish this is called “domestication of a foreign judgment”.  What that means is that the out of Florida divorce decree has to be domesticated in the State of Florida, and then it can be modified or enforced. 

If the children relocated to Florida, then Florida becomes the home state of the children.  Out of state decrees MUST be domesticated in Florida where the children are subjected to the Florida jurisdiction, in order for a divorce decree to be changed.

Modifications of divorce decrees in general require a substantial change in circumstances.  Then if the divorce parents cannot agree, the judge has jurisdiction to modify the terms of time sharing and child support in keeping with the new circumstances, and what is in the best interests of the children.  For more information about this or other divorce topics, please 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.

 

Negotiating The Terms Of A Marital Settlement Agreement In Divorce

by Robin Roshkind, Esquire, West Palm Beach, Florida

Generally speaking, the divorce issues that need to be dealt with include as follows: alimony or spousal support, attorneys fees and costs, mediation fees, declaring what property is marital and what is non marital, fairly dividing up what is marital property and personal property, and dividing up marital debt, then declaring what is not marital debt. There is also the issue of the marital home and other real property, as to who will buy out whom, or will the properties be rented, or listed for sale and what happens then.  

Aside from these financial issues, are children’s issues, which include as follows: time sharing to each parent, child support worksheet calculations, shared parental responsibility or sole parental responsibility on certain decision making, (who will do homework), a parenting plan, schooling, religious training, counseling, and whether a parenting coordinator will be beneficial to facilitate the matter between the parties. 

All of these terms go into a 30 or so page document called a marital settlement agreement.  This agreement is agreed to and signed by the parties and becomes part of a final judgment of dissolution of marriage. 

As anyone can imagine, with all that there is to decide, two divorcing people will have a hard time.  That is where lawyers, accountants and shrinks come into the picture.  With knowledge about the possible ruling from a judge under the law, the team of experts guide the parties.  They can either negotiate in good faith and reach a resolution no one likes but everyone can live with, or the judge will decide their futures by enforceable court order.  For more information about this or other divorce topics, call one of the lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

If You Think You Have A Divorce Settlement, BE CAREFUL!

by Robin Roshkind, Esquire, West Palm Beach, Florida

We divorce lawyers have a old trick…get the other side to think we are settling the case, but then move forward to the divorce proceedings.  The moral of the story is, in divorce court, if you do not have a signed settlement agreement, or a signed agreed order, you do not have an agreement.  You may think you do, but therein lies the problem for you.

In Florida, it is a statutory requirement that all “agreements” be in writing and signed by the husband and wife.   So if you have discovery that is due, temporary alimony payments that are due, depositions that are set, a court hearing to attend, your lawyer still must prepare as if there is no settlement at all until such time as there is a signed document.  Don’t fall into the settlement trap.

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.