Divorce Consultations Are Very Telling

By Robin Roshkind, Esquire West Palm Beach, Florida

If you are not sure about the state of your marriage, it can never hurt to SECRETLY consult with a divorce lawyer.  A consultation will do many things:  it will help you understand your marital rights;  it will help you determine how to protect your assets and your children;  it will help you decide whether to go to marriage counseling, reconcile, or move forward with the divorce, and further, when and how to time the filing for divorce.

Divorce lawyers ask a lot of questions.  They also provide a lot of information which can ease your mind.  For a complete list of documents to bring to a consultation, see the Firm’s web site at http://www.familylawwpb.com for more information, or call one of the divorce lawyers at 561-835-9091.

What To Do If You Want OUT!

by Robin Roshkind, Esquire, West Palm Beach, Florida

If you have been thinking about getting divorced, you almost answered your own question about whether or not to proceed.  But proceed with caution.  Seek out a divorce lawyer and go for a consultation.  Know what your rights are regarding the marital home, the cars, the bank accounts.  Know what your rights are regarding the children, and how to deal with their best interests.

Know what your rights are to alimony support, attorneys fees, settlements, and mediation. It might take the work of an accountant AND a divorce lawyer, but get informed.  Only with information, will you feel good about making that final step towards divorce. For more information, 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.

New Year Time To Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

It’s a new year…time to face facts:  and change jobs, go on a serious diet or leave your marriage.  In all cases, it’s about time!  Make some improvements in your life.  Life IS too short. 

Whether you are collecting alimony or paying it, it is worth it.  Whether you have the kids part time or full time, it is worth it.  Whether you need to move out or move on, it is worth it.  Seeking alimony, child time sharing, child support, or enforcing court orders you already have, are worth it! 

Whether you are going to mediation or divorce court, it is worth it.  Call a divorce lawyer to find out your rights.  It is worth it!  For more information about divorce call one of the 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.

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.  

What Is Contempt Of Court In Palm Beach County Divorce Cases?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Contempt of court under general law is a WILLFUL disregard for court orders.  What that means is there has to be intent to violate a court order.  The intent could be out of vindictiveness, punitive in nature, out of anger, or in some other way meaningful intent to violate the court’s ruling.

In divorce cases in Palm Beach County, this could mean many things.  Where a court order states that certain documents are due by a certain date, if this is not complied with, the court may hear a motion for contempt for violation of such an order.  The burden of proof is upon the movant who is filing the motion.  The movant would have to show the court that the order could have been complied with, but was not, out of willful intent.  Not out of inability. 

Most motions for contempt of court are filed with regard to court orders to make some form of payment from spouse to spouse.  This could be child support, alimony, attorneys fees, or some other form of equitable distribution or some other action court ordered in the divorce case.  If a party is ordered to make a payment to another party, and willfully with holds that payment although the funds are readily available, that is contemptible.  If a party simply does not have the means, that is an affirmative defense to a contempt claim.  That party then should file a modification based upon a change of circumstances since the court order was entered.

For more information about motions for contempt or petitions for modifications of alimony, child support or other issues, 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.