Can you date during divorce?

By Robin Roshkind, Esquire, West palm Beach, Florida

The divorce papers are filed.  You are even living separately.  But you are still married.  Can you date, start a new relationship, have sex while the divorce is pending?

The answer depends upon which state you live in.  Marriage laws, adultery laws, palimony laws are state specific.  I am licensed to practice law in Florida, so I can only address the laws of the State of Florida.

In Florida,  once divorce papers are filed, and even before, yes you can…date, have sex, be involved.  Florida is a no fault state.  If your spouse feels “cheated on” the legal recourse is divorce.  No questions asked.  But here is the danger:  If you do anything in front of the children which will detrimentally harm them, you might suffer the consequences of less time sharing with your children. 

Children are having a hard enough time going back and forth between separated parents.  Don’t add to their anguish by bringing another person into their lives.  They are still loyal to the other parent and oftentimes have not gotten “used to” the new arrangement.   You may be involved with a new significant other, but it is difficult for children to share your joy, at least at the beginning of the break up of the marriage.  So be sensitive to children and other close family members when deciding to date and form new relationships.

For more information about divorce, dating, and the process, 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.

Is he/she cheating on you???

By Robin Roshkind, Esquire, West Palm Beac, Florida

If you discover that your spouse has been unfaithful, what are your legal options? 

The MERE fact of unfaithfulness is not a legal matter. in Florida.  However, your recourse can be of the legal variety.  You can either forgive and forget, OR you can divorce. 

If you choose divorce, then the legal question becomes a matter of money.  Has any SUBSTANTIAL monies been spent on this OTHER MAN or OTHER WOMAN?  If so, then you have a dissipation of marital assets issue.

Another relevant legal issue would be detriment to any children.  If that is the case, you need to file those allegations, and let the court decide what is in the best interests of the children.

If you want more information about any divorce topic, consult with one of the lawyers at ROBIN ROSHKIND, P.A. by calling 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Adultery, infidelity, extra marital affairs…today there are lots of opportunities.

By Robin Roshkind, Esquire, West Palm Beach, Florida

When women started to infiltrate the workplace in great numbers back in the 60s and 70s, sex outside the marriage took a huge leap.   Today, there are emerging trends that are firing up the cause of many divorces once again.

We keep hearing the words “emotional affairs”, “girlfriend experience”, or “it’s just lunch”.  Internet relationships are booming, to the detriment of wives and husbands too.  Yes, women are having affairs now at much larger statistics than ever. 

Cheating spouses can be found on airplanes, golf courses, offices, coffee shops, banks, department stores.  Web sites are voluminous from Ashley Madison to Match.com.  So, what can a spouse do?

You have two choices:  preserve the marriage or get out.  Some spouses  “look the other way”; some apologize and never let it happen again.   Others want to “get even” by divorcing and moving on. 

Whatever choice you make, it helps to have professional guidance.  Marriage counselors, and in some extreme cases, psychiatrists, can help with the decision to stay in the marriage or to divorce.  If you are on the receiving end of a cheating spouse, and need more information, 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 for more information.

How to get “even” with your spouse in a divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

It is no secret that divorcing couples can do crazy things.  I represented one wife who totally trashed her husband’s office while he was out of town with his mistress.  Did he deserve it?  Yes, BUT who was the wrongdoer in this case…that is a rhetorical question…of course she was.   Did the judge “punish” her?  Of course he did, by establishing a value on the furniture and items she destroyed, and then taking one half of that value off her equitable distribution of marital assets.  Did it pay for her to vent her anger that way?  Maybe, but it certainly did not help me, as her counsel nor did it help her make a good impression on the judge to say the least.

Control yourself.  You’ve been cheated on, maybe even physically abused.  But in the State of Florida, the only way to get revenge is by living well, or finding a replacement for your spouse quickly.

If you want to win in divorce court, do what you are supposed to do and follow advice of counsel.  We divorce lawyers realize how important our job is…we have the rest of your life in our hands.

You need to trust your attorney to do what is in your best interests.  Anything and everything you do to “get even” will probably backfire.  So the best advice I can give someone in that situation is to keep your wits about you.  Think of this as a business deal.  Think of what is in your best interest and be smarter than your spouse.  For more iniformation about divorce proceedings click on the Robin Roshkind, P.A. website at www.familylawwpb.com or consult with one of  the attorneys at the Firm by calling 561-835-9091.

Legal Ramifications of Being a Lover, Paramour, the Other Woman or Other Man.

By Robin Roshkind, Esquire, West Palm Beach, Florida

The laws of marriage, divorce, familial and intimate relationships are governed by state statutes and case law.  That means that each state has different laws.  For example, in some states like New York and California, there are laws governing palimony arrangements, common law marriages, and alienation of affection.  However, Florida is a “no fault” state, and an equitable distribution state, and therefore does not have such laws.

Where adultery exists in a case in the State of Florida, there are two issues of concern to the divorcing spouse; one being detriment to the children, potentially resulting in a custody battle, and the other involves expenditure of substantial marital funds on a lover outside the marriage.  It is the worngdoer spouse, not the lover, who carries any liability to the spouse who is cheated on.  This is because there is no alienation of affection in Florida between a person involved in an extramarital affair and the innocent spouse.  Bottom line:  In Florida, the lover cannot be sued by the innocent spouse for interrupting the marriage. 

If you want more information about relationships and divorce, click on the Firm’s website at www.familylawwpb.com or consult with one of the attorneys of Robin Roshkind, P.A. by calling 561-835-9091.