Can A Cheating Spouse Be Punished By Florida Divorce Courts?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Sitting in my office, listening to potential divorce clients, it seems like no one is having sex within their marriage.  They are either sex deprived, or they or their spouse are cheating on the side.

To some extent, the Florida law protects cheaters, directing the “cheated upon” spouse to simply divorce the cheater.   That’s what is meant when we divorce lawyers say Florida is a “no fault” state.    However, the law does protect an innocent spouse from dissipation of marital assets.   What that means is if a cheater is spending significant sums of marital monies on the affair, that so called dissipation of marital assets can be considered in the financial scheme of the divorce.  There may be an unequal equitable distribution given in favor of the innocent spouse by the divorce court judge.

Case law defines significant sums as: buying a girl friend an expensive car, paying her rent, buying a condo for the paramour, taking numerous expensive vacations or shopping trips, all the usual but expensive trappings of keeping a lover.   A casual dinner out does not qualify.

If you suspect your spouse is the cheating kind, 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 for more information.  We may want to put a private eye on your spouse and use that testimony and evidence in court to get you the better part of the marital estate.

Children Often Caught In Middle Of Divorce

by Robin Roshkind, Esquire, West Palm Beach, Florida

Often when parents are divorcing, their children get caught in the middle.  They are used as pawns to negotiate settlements, they are used as messengers of bad news, they are used as meal tickets.  They are abused.

As a divorce lawyer who handles many, many cases involving children, these are the most difficult to navigate and settle.  Even where it is clear that one parent is by far the “better parent”, it is a hard case to settle and usually has to go to court.

Litigation is costly for all involved…it is also time consuming and tears at your emotions.   Add to that, the fact of extended families and half siblings, and the matter gets complex.  Add to that grandparents who wish to be helpful, but have no rights under the law.

If you are thinking about a divorce and have minor children at home, consult with 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.

What Is A Complex Divorce?

by Robin Roshkind, Esquire, West Palm Beach, Florida

A complex divorce is one in which there are many issues to resolve and the Husband and Wife are anything but agreeable.  It could involve many real estate properties, tax issues, a privately held corporation or several closely held businesses, marital assets in several states, trust assets, split siblings or special needs children, assets or businesses that need valuations, and supplemental issues including vocational studies, custody battles, an unfit parent, off shore bank accounts and the like.   Complex divorces can also include bad behavior including adultery and the dissipation of marital assets due to outside relationships, gambling, drug or alcohol use or uncontrollable shopping or other mental health issues.

The more complex the marriage, the more complex the divorce.  The more a couple has to fight over, generally the more complex the divorce.  This type of divorce usually turns ugly and requires the use of a divorce team.  This team includes psychologists or psychiatrists, appraisers, private investigator, real estate agents, CPAs, estate planning attorneys, corporate attorneys, tax attorneys, and of course the divorce lawyer.   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 http://www.familylawwpb.com.

Do I Need My Spouse’ Permission To Divorce In Florida?

by Robin Roshkind, Esquire, West Palm Beach, Florida

In the State of Florida, you do not need your spouse’ permission to divorce.  If one spouse wants a divorce and the other does not, a divorce is imminent.  Also, unlike some states, there is no waiting period of a year before the divorce can be granted.

There is a residency requirement to get divorced here…you must be a Florida resident for 6 months prior to filing a divorce petition.  You must also declare the marriage irretrievably broken, but other than that, Florida is a no fault state.  You do not have to declare adultery, abandonment, violence or any other reason to get a divorce.

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 http://www.familylawwpb.com.

Judge’s Decision vs. Amicable Settlement In Divorce Court

by Robin Roshkind, Esquire, West Palm Beach, Florida

When you are thinking about filing for divorce, you had better think about what kind of marriage you have.  That is to say, is it full of hate and vindictiveness?  Is it full of secrets?  Is money scarce?  Does your spouse withhold sex?  Are you just room mates without passion?  Is there a paramour involved?

The personalities of the husband and the wife are key along with the circumstances for the bad marriage.  Often this determines what type of divorce you will ultimately be involved in.  If both parties realize the marriage has been over for years, it will be a much easier divorce than if your spouse just caught you in the bedroom with another and ran out to file papers.

Is there a way to predict?  Sometimes marriage counseling can help husbands and wives resolve the issues of whether to go forward or not with an amicable divorce, or to litigate and let the judge decide how  you will live the rest of your lives.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091.

Abuse and Divorce…You Don’t Have To Take It Anymore

by Robin Roshkind, Esquire, West Palm Beach, Florida

Abuse comes in many forms:  physical abuse can be sexual, violence, imprisonment.  The courts recognize domestic violence and repeat domestic violence and upon proper claim, will remove the spouse from the home.

Abuse can also by psychological: taking away the car keys, cell phone, money,  children.  Courts recognize psychological abuse and will issue court orders to protect you upon presentation of proper evidence and testimony.
If you find you are the victim of either type of spousal abuse, your ultimate recourse is divorce.  You don’t have to live your life this way any more.   Either the husband or the wife can be a victim.  The best advice is to do something about it.

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 http://www.familylawwpb.com.

What Happens If You Reconcile After Signing A Marital Settlement Agreement?

By Robin Roshkind, Esquire, West Palm Beach, Florida

You have filed for divorce.  You and your spouse both have hired divorce lawyers.  You have produced documents.  You have gone to mediation and settled your divorce case.  Both of you have signed the marital settlement agreement dividing up the property and debt.  What happens if you both want to reconcile and stay married?

You can abate the proceedings, meaning putting the case on hold for a short time certain.   You can totally dismiss your divorce case, as if it never existed.  BUT the terms of the marital settlement agreement stay in place and are enforceable in court under contract.

We divorce lawyers sometimes use this as a tactic for a spouse who is controlled by the other spouse through money.  In this way, the assets and debts are divided, and alimony support is in place.  If you choose to stay married and reconcile, the “have not” spouse now has.

For more information about this or other divorce tactics, 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.