Can You Still Have Sex With Spouse While Divorcing???

by Robin Roshkind, Esquire, West Palm Beach, Florida

I am not a moralist…I am a Florida Bar divorce lawyer.  Legally speaking, you can have sex with whomever you want to.  Florida is a no fault state.

If you are in divorce proceedings, and are still having sex with your husband or wife, this just might make settlement EASIER.  Yes, EASIER.  You still have a commonality which obviously matters to both of you.  I am a lawyer, not a therapist.  And I am not suggesting you do this, but, as a lawyer, I don’t find it entirely bad.

Sex is communication.  Divorce settlements require communication.  You can connect the dots for yourself.  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 www.familylawwpb.com.

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Holidays Can Be Hard For “Bouncing Ball” Children

by Robin Roshkind, Esquire, West Palm Beach, Florida

In addition to the Holiday Season being difficult for those husbands and wives who find themselves in failing marriages, the holidays can be hard for the “bouncing ball” children, who bounce back and forth between divorced parents.   They want to share the excitement and joys of the season with each parent they love, but they are forced by the divorce to split the time up.  Often parents fight about time sharing in front of the children causing them high anxiety and literally taking the joy out of the moment.

Divorced parents may also have new families and spouses…extended families can be a source of comfort or confusion for the child of a divorce.  If adults can start acting as such and put the child first, alot of the tension will dissipate.  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 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.

In Divorce Court Your Spouse Is NOT Your Friend

By Robin Roshkind, Esquire, West Palm Beach, Florida

You are going through a divorce for whatever reason.  Don’t listen to your spouse about ANYTHING.  He/she may try to quiet you down by taking a passive aggressive approach, trying to “talk some sense into you”, telling you not to waste money on a divorce lawyer, saying things like “we can work it out ourselves”.    The best advice I can give you as a divorce lawyer for more than 13 years is don’t take any advice from your spouse.

Your spouse may try to give you legal advice.  Bully you.  Threaten you.  Push your hot buttons.  Make you feel like he/she is on your side.  It’s is all about unfair advantage.

You are getting a divorce.  It is time to think for yourself, consult people who will genuinely help you, and make your own decisions.  Get a life.  Know your rights.  For more information about 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 for more information.

Divorce Is A Very Confusing Time

ByRobin Roshkind, Esquire, West Palm Beach, Florida

During divorce proceedings, some people remain living together and others separate.  In either case, it is difficult to tell people how to behave toward each other.  Should you be cordial if you run into each other at the grocery store or at a party?  Should you check in to let the other person know what time you will be home?  Should you fill up the cars with gas like you always used to do?

Aside from the legal aspects of the divorce, and the ongoing household bills and conversations about the children, how one conducts oneself is often debateable.  In my divorce practice, we settle more than 70% of our cases.  So where the husband and the wife are still residing together, I often tell my clients to be calm,  cordial and business like.   This helps with settlement negotiations.  Leave the emotions out the front door if possible.  Surprisingly, many couples can do this, because they have lived together for so long under undesireable conditions, that by the time they are in divorce court, they both just want to get it over with. 

Dating and telephone calls, messages and texting from outsiders is another area of divorce etiquette that is really up to the individual parties as to how to maintain them.   One thing is for sure:  if you want to amicably settle divorce issues, don’t purposefully embarass your spouse.  Don’t intentionally aggravate human emotions of jealously, rivalry, territorial instincts, abandonment and the like.  It is easier to settle a divorce case without stirring the pot.

If you are thinking about getting divorced in Palm Beach County, 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.

Remarrying Your X!

By Robin Roshkind, Esquire, West Palm Beach, Florida

You suffered through some unhappy years of marriage…you’ve been to marriage counseling, and therapy on your own…you’ve survived your divorce and lived as a single or  a single parent…now you want to reconcile with your ex and your ex spouse agrees.

Some might say that that is a stupid thing to do, but in my practice of more than 12 years, I have seen it 5 times! With marital settlement agreements in place from the divorce, and all property and debts divided, it is starting over.

The terms of divorce stay in place.  What may be a new experience is the prenuptial agreement you should have with your now ex spouse JUST IN CASE it happens again.  Don’t remarry without one.  It gives both of you some certainty and an insurance policy of sorts. 

People grow through experiences.  Sometimes you realize what you had and what you lost.  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 www.familylawwpb.com for more information.

What Happens If I Change My Mind About Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are mad as hell and not going to take it anymore, and you file for divorce in the heat of the moment, what should you do if you have a change of heart?  It depends…

In Palm Beach County divorce court, if you file a petition for dissolution of marriage, and you change your mind, you can withdraw your petition by filing a notice of voluntary dismissal.  HOWEVER, if you spouse has already filed an answer to your petition, and a counter petition, your spouse’s counter petition is still active and there will still be a divorce case pending.  So essentially, your spouse also has to file a notice of voluntary dismissal on his/her counter petition as well in order for there to be no divorce case pending.

This is dangerous.  Because you may have changed your mind but there are no guarantees that your spouse has changed his/her mind also.  In addition, once a case is dismissed by the court, in order to reinstate it if you ultimately decide to go forward with the divorce, you will have to pay a new filing fee, which presently is a whopping $419 to re open the closed divorce case.

So be careful!  If you are in divorce court in Palm Beach County, make sure you and your spouse are both on the same page concerning dismissal of the divorce case in court.  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 http://www.familylawwpb.com for more information.