Working the System! Motion for Continuance

Working the System! Motion for Continuance.

Mental Health Issues In Divorce Cases

by Robin Roshkind, Esquire, West Palm Beach, Florida

Mental health issues often raise their ugly heads in divorce cases where there is violence, drug use, alcoholism, or a custody battle over the children of divorcing couples.  In many cases, the courts, upon motion, issue orders to deal with spouses who exhibit unusual behavior towards the other spouse or the parties children.

These cases can be particularly heart wrenching, because the spouse with the problem often doesn’t realize he/she has a problem.  The court, upon motion, can order counseling, anger management classes, parenting classes, rehabilitation, and supervised time sharing or no time sharing at all.  In violence cases, the court can order probation, restraining orders or incarceration.  The court can temporarily postpone parental rights by giving the other spouse sole decision making concerning the children, instead of shared parental responsibility.    

The job of the court is to protect the children and the public.  So if a spouse exhibits threatening behavior during divorce proceedings, the judge must order what is in the best interests of the children and the public.  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 www.familylawwpb.com.

Preparing For A Divorce Trial In Palm Beach County

By Robin Roshkind, Esquire, West Palm Beach, Florida

You have filed for divorce; you have gathered and exchanged financial documents like tax returns, pay stubs, expenses, valuations and appraisals.  You have been to court ordered mediation, which did not resolve anything because you and your spouse cannot agree.  Depositions have been taken, a trial date is set.  Now you and your attorney really have to use the remaining time before trial carefully. 

If you have any expert witnesses, like a forensic accountant to determine incomes of the parties, or appraisers to determine value of real estate, artwork etc., or shrinks to determine mental health and custody, it is time to let the opposing party know that you plan to call these experts as your  witnesses.  They have to do the same for you. You also have to organize with your attorney and/or your accountant, all your exhibits, such as those financial documents, social or vocational evaluations, appraisal reports and the like.  Things you may not have thought of have relevancy in divorce court, like cash value of life insurance policies, frequent flier miles and the like.

Lastly, your divorce lawyer has to assist you with your testimony.  The subjects to cover and the order in which you will testify to them should be discussed with your divorce lawyer.   There should be a logical flow of facts of the marriage to get across to the judge. 

Remember, whatever you allege in the courtroom, you have to follow up with proof and evidence.  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.

 

What Are The Two Types Of Divorces?

By Robin Roshkind, Esquire, West Palm Beach, Florida

As a divorce lawyer, I see two types of divorces out there…the legal one and the emotional one.  Often we divorce lawyers get the legal divorce resolved for our clients, but the now former wife and former husband fail to get an emotional divorce.

This often happens when there is a co dependency relationship.  Even though the former husband and former wife have moved on, legally speaking, there is still the anger, resentment, frustration and the intent to get even.  This can cause ongoing litigation in terms of modifications of alimony and child support, disputes over the kids clothing, costs, and time sharing, and contempt of court for not doing what the court order states just to be difficult.

That is why I often suggest my clients seek counseling.  It is a good idea to have professional help to get you to make the decision to divorce; to assist you with getting through the divorce process, and ultimately to achieve that all important emotional divorce so you can move on with your life.  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. 

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.