No palimony, no common law marriage in the State of Florida.

By Robin Roshkind, Esquire, West Palm Beach, Florida

I often get inquiries from women who have spent the greater part of 15 to 20 living together in the relationship, usually with a very wealthy man.  The relationship ends, and the women come  to me to find out what their rights are.

Unfortunately, I have to be the bearer of bad news.  In the State of Florida, unlike California and some other states, there is no palimony law.  That means that the client has “WASTED” 15 to 20 of the best years of her life, with no legal recourse after the relationship ends.  “BUT WE LIVED AS HUSBAND AND WIFE”, they say.  “EVERYONE THOUGHT WE WERE MARRIED”  they say.  They weren’t!  At least under the law. 

In New York State, if you hold yourselves out to the public as husband and wife for 7 years, it is as good as a marriage license under New York law.  BUT NOT HERE IN FLORIDA!  Marriage laws are specific to each individual state.  What applies in New York or California, does not always apply in Florida.

The way around this is to have a CO HABITATION AGREEMENT which provides rights by contract between the parties.  That contract gives rights.  Without one, it is too bad so sad.  And yes, it is sad to spend that much time in a relationship with nothing to show for it.  That is why I recommend marriage in the State of Florida, or at the least, have a co habitation agreement.  For more information about this or other topics in family law, call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

New Shared Parenting Laws you need to know.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Florida statutes talked about shared parental responsibility.  The meaning behind it included things like keeping the other parent informed of the whereabouts of the children, allowing children to communicate with the other parent by unlimited telephone or internet access, informing the other parent of any medical emergencies, no disparagement or alienation of affection of the other parent and things that required joint decision making.  Violations of this statute were to be brought to the court’s attention and the most severe recourse was a change in custody.

Florida laws also talked about custody and visitation.  One parent was the primary residential parent and the other was the “visiting” parent. 
With new statutes, the law now talks about SHARED PARENTING.  More specifically, custody and parental responsibility is now a parenting plan, and visitation is now time sharing.

For reference, see Florida Statute 61.046(13) through my web site at www.familylawwpb.com. 

The statute combines parental decision making with time sharing schedules, in the best interests of the children.  If the parents cannot come to agreement on the issues or the parenting plan, then the court will have to micro manage the children.   The parenting plan takes into consideration the reorganization of families to try to reduce post dissolution arguments. 

If you have questions about this or other divorce topics, call one of the attorneys at the Firm at 561-835-9091 or click on the ROBIN ROSHKIND, P.A. web site at www.familylawwpb.com.