Legally Speaking, Do You Have To Speak To Your Spouse?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are in divorce proceedings, and each party is represented by a divorce lawyer, do you have to speak to your spouse, legally speaking?

This question comes up often, in marriages where there is abusive behavior.  The reasonable answer is this: you only have to speak to your spouse regarding your children.  Any other topic, you can leave to the lawyers.

In marriages where there are children, both parents are presumed to have shared parental responsibility and an equal say in raising the children, interacting with the children, and taking care of the children, UNLESS a court order says otherwise.  Both parents have the right to be informed as to the whereabouts of the children and the welfare of the children, even without court order.

So if you do not care to speak to your spouse, you don’t have to, unless it concerns your children.  If your spouse asks about any other issue, you can tell him/her to call the lawyer.   In cases where there is no representation, in pro se divorce, obviously that’s a game changer, and you then need to communicate with that party regarding hearings, expenses and other household issues.

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