My Husband Has A Divorce Lawyer, I Do Not…

by Robin Roshkind, Esquire, West Palm Beach, Florida

Times are tough and everyone is trying to save money.  However, in divorce court, do not fall prey to the statement, “Honey, we can use one lawyer and save money.”  Or worse, “Honey, I have a lawyer to do the work for both of us, you don’t need a divorce lawyer, as we agree on everything anyway.” Do not be penny wise and pound foolish.Do not fall prey to these tactics of control.

First of all, the Rules Regulating the Florida Bar do not permit one lawyer to represent the best interests of two parties that are potentially adversarial.  It makes sense.  But what about mediation, you ask.  A mediator does not represent either party and must stay neutral.  A mediator cannot represent the best interests of one party over another and give legal advice.

So back to the question…if your spouse has a divorce attorney and you do not, get one!

In divorce court, the party who has the need will get attorneys fees paid by the party who has the superior ability to pay.  The purpose of this law is to put the parties on equal footing.  In divorce court, both parties should have equal benefit of counsel. 

So, for example, the doctor husband will pay not only his own attorney, but the attorney for his stay at home wife as well.  Of course, he will try to convince the wife that she doesn’t need her own lawyer and direct her to think of the expense…the old guilt trip.  Run, don’t walk, to the phone to secure counsel. 

Only then can you be assured that your best interests are being represented in either settlement negotiations or litigation.  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.

Are You “Entitled” To A Divorce Lawyer?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Often I get the question about whether or not a spouse should retain a divorce lawyer.   In Palm Beach County, it is not a requirement that one have a divorce lawyer to get a divorce.

In fact, many couples who cannot afford legal counsel have DIY divorces.  These are called pro se litigants by the courts.  They are spouses without divorce lawyers.   WHERE IT GETS TRICKY IS IF ONE PARTY HAS A DIVORCE LAWYER AND THE OTHER DOES NOT. When this happens, I often get the question, AM I ENTITLED TO COUNSEL?  The answer is no.

Divorce is a civil matter, unlike criminal law, and does not require the courts to appoint a lawyer for you.  Although divorce does have far reaching effects on one’s future, finances and family life, your life and liberty are not at risk, and so you are not entitled to appointed counsel even if your spouse has a lawyer.   It is highly suggested by me that you beg and borrow to hire a divorce lawyer if your spouse has one.  You may be awarded fees in your case later.  But you should not go it alone and up against your spouse’ lawyer.   Where the distinction lies is that in criminal cases, your liberty and life are at stake.   That is why in criminal cases, the court will appoint counsel for you if you cannot afford one.  Not so in divorce court, but maybe it should be.

If you are thinking about getting a divorce in Palm Beach County, 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.

Pro se divorce litigants…doing divorce by yourself.

By Robin Roshkind, Esquire, West Palm Beach, Florida

NEWS FLASH!  Because we lawyers are aware of the economies of divorce along with everything else that is going on in the world, we, at the law offices of ROBIN ROSHKIND, P.A. announce that we are now offering PRO SE LITIGANTS HELP with doing the divorce on your own.

HOW CAN WE DO THIS?  By not being attorney of record.  By offering piece meal services to help you help yourself.  Attorneys are now COUNSELORS in these cases.

So if you want to do your divorce by yourself, but are not sure how, CALL US and use the CODE WORD:

“COUNSELING”.    Tell the receptionist you are interested in only Counseling.

We have lawyers and paralegal staff who can counsel you at the hourly rate.  On the other hand, if you want to retain the Firm to represent you as attorney of record, of course we would be happy to assist.  Call the Firm today at 561-835-9091 or click on the ROBIN ROSHKIND, P.A. website at www.familylawwpb.com.  We service clients in Palm Beach County, Florida, men, women, or children.