Misconceptions About Divorce In Palm Beach, Florida

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are many myths and misconceptions about divorce in Palm Beach County, Florida.  One of the most common is that the judge is concerned about why the marriage broke down.  The judge doesn’t care about  punishing a cheating spouse.  Since Florida is a no fault state, the job of the judge is only to divide the assets and debts of the marriage in an equitable fashion and protect any children of the marriage.  Only where there is significant and substantial economic misconduct in a marriage, such as gambling or drugs, or spending large sums on a paramour, will the judge address a deviation from a shared split of assets.

The second misconception is that everything should be divided equally.  Equitable distribution of assets and debts does not necessarily mean equal to the penny.  There are many statutory factors a judge must consider and he/she must also make certain findings about the facts of the marriage in doing an equitable distribution scheme.

Another misconception is that divorces must go to trial.  More than 70% of Palm Beach County divorce cases settle in mediation or prior to mediation.  While it is true that all parties to a divorce in Palm Beach County, Florida MUST go to mediation at least once to attempt a settlement, most cases settle there.  The mediator and lawyers indicate what the outcome will likely be if a particular case is tried in the courtroom, and the parties can settle based upon that.  It is far cheaper and the results will likely be similar. 

Remember, it is always better to have a divorce lawyer to advise you.  Sometimes, you also need tax advice from a tax advisor, and in cases where there are children involved, therapists and other professional are advised.  If you are thinking about getting divorced in Palm Beach County, Florida, 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.


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