How To Correctly “Time” Your Divorce

by Robin Roshkind, Esquire, West Palm Beach, Florida

They say that timing is everything, and that includes the time to divorce.  Some clients come in at this time of the year and ask me to quickly get them divorced before January 1, 2014 for tax reasons.  Some clients want to stay together for the family during the holidays; and other clients want to be rid of the family for the holidays; it just depends.   I have had clients serve their husbands or wives on their birthdays.  I have other clients who wait for Valentine’s Day to serve a spouse with divorce papers. 

Football or golf widows come in to file for divorce when they feel abandoned and ignored.  Other couples try all sorts of marriage counseling to keep the marriage intact, to no avail.  These clients come in and then I don’t hear from them for months, until they finally come to realize the marriage is really broken, or they just can’t take the loneliness, pain, abuse, anymore.

Then there is the husband or wife who wants to beat out the other to the courthouse by filing for divorce first.  Petitioners are not respondents.  They are definitely the take charge of the couple.  Sometimes that makes a difference to the person who leaves the marriage leaving the other behind.

Timing a divorce is a totally subjective issue.  What is right for one client may not be right for another.  Every case is different.  But in any case, filing for divorce requires some thought, some knowledge of your rights, and some protection from the fallout.  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 for more information.

 

 

Can I Talk To My Spouse Directly During Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The answer is, it depends.  Technically, if a husband and a wife are in divorce court, and both are represented by divorce lawyers, there should be no direct communication between spouses.  This is because if the spouses are communicating directly with each other, leaving the lawyers out of the loop, then the lawyers are acting or continuing with the representation without the benefit of knowledge as to these discussions.

Certainly if there is animosity between spouses, direct communications need to be limited to just discussions about the children, to fulfill shared parental responsibility principles.  Otherwise, the conversations can be abusive and detrimental to the process.

Where one party is represented by a divorce lawyer, and the other party is not, it is obvious that the party who is unrepresented needs to be speaking directly to the other spouse’ attorney. 

In my experience, where the husband and wife are divorcing and amicable, sometimes I encourage communications between parties, provided they keep both lawyers informed of any substance of the conversation and of any pending agreements.  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.  

 

 

Working the System! Motion for Continuance

Working the System! Motion for Continuance.

Working the System! Motion for Continuance

by Robin Roshkind, Esquire, West Palm Beach, Florida

In my continuing series of blogs on how to “work the system” in divorce litigation, the first blog was about getting your name changed during divorce proceedings so you don’t have to pay extra to do it later.  The second blog was about imputation of income where a spouse is voluntarily under employed or unemployed but has a fruitful work history.  These strategies are perfectly legal and accepted among the Bench and the Bar.

This third blog is how to work the system by using motions for continuance.  Why and when would a divorce court judge in Palm Beach County postpone a legal proceeding?  Here are some examples:

1.  Motion for continuance of mediation.  Mediation is set by court order.  Your spouse and/or his or her attorney does not comply with mandatory disclosure of financial documents which are necessary to go to mediation with, if you are to attempt a settlement of your divorce case.   In addition to doing a motion to compel these documents and information, your divorce lawyer should do a motion to continue mediation to another date.

2.  Motion to continue a temporary relief hearing.  Your divorce lawyer wants to take the deposition of your spouse’ accountant.  The lawyer or your spouse play the “unavailable game”.  If your lawyer cannot schedule the depositions, he/she has to ask for a continuance of the temporary relief hearing in addition to a motion to compel the requested depositions.

3.  Motion to continue trial.  A trial date is set by the court.  A discovery cut off date has come and gone while trial is imminent.  If your side does not have the information you are entitled to, like a witness list for example, your divorce lawyer would want to file for a continuance to allow more time to get the other side’s witness list and perhaps even take depositions of those witnesses.

Those are just three examples of when your lawyer might work the system by asking the court to reschedule litigation events via a motion for continuance.  It is perfectly legal.  There are many others, in response to the other lawyer’s “working the system” too.  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.