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.

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Common Mistakes About Divorce In Florida.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Many people who are going through a divorce for the first time,  do not understand Florida law.   I get questions like the following:

1.  REGARDING JEWELRY: husbands and wives think that because a piece of jewelry is a gift given during the marriage,  the jewelry belongs exclusively to them.  Not true… it is marital.  This can make a big difference if the jewelry is substantial.

2.  REGARDING PUNISHMENT:  couples often think that the one who files for divorce, or the one who leaves the marriage,  is the one who will be “punished” by the court in terms of receiving less assets from the marriage.  Not true, because Florida is a no fault state.

3.  REGARDING ADULTERY:  same premise as above.  If your husband or wife is cheating on you, the only recourse you have is to divorce the cheater.

4.  REGARDING MOVING OUT OF THE MARITAL HOME:  Floridians do not lose their property rights by “abandoning” the marital home.  If you have sweat equity in the house, or your name is on the deed, or have any other marital interest, you have an entitlement to your property whether or not you live there.

5.  REGARDING NAME CHANGES: if you want your name restored, you should do it now during the divorce proceedings.  If you wait, you will have to pay another filing fee for a new case in the courthouse.

6.  REGARDING YOUR SPOUSE SUPPORTING YOU:  you don’t have to get a divorce to get your spouse to support you.  If you have the need and your spouse has the ability to pay, you can get support without divorce.

7.  REGARDING CHILD SUPPORT:  the statutory child support guidelines have not changed in a generation.  The Florida legislature really needs to address this.

8.  REGARDING RESIDENCY: you have to be a Florida resident for at least 6 months prior to filing for divorce.  That means having your “stuff” in the state, having a Florida driver’s license, owning property, or having a leasehold interest here.

If you are thinking about getting a divorce 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.

Separation without divorce…is that possible?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In Palm Beach County, Florida, it is possible to file for support without divorce.  This allows a couple to separate, by agreement, and give the marriage a chance to heal.  Or not.

Couples generally take this time to “date” each other, go to marriage counseling, or “try on” the single life.  A written agreement between the parties can be filed with the court, as to who pays for what with reference to mortgage payments, child support, groceries, car payments, utility bills and the like.  It can also set forth living arrangements and who stays in the marital residence.

Another concept under the law in the state of Florida is the abatement of proceedings.  If you or your spouse has already filed for a divorce, and you wish to go to marriage counseling, or try to mend the marriage, you can abate the divorce proceedings for as long as 4 months by agreement of the parties.  You still need a written agreement as to the children’s issues, living arrangements and such, but the divorce is bascially put on hold with an abatement by court order.

Judges want to be certain that before granting a divorce, the marriage is in fact irretrievably broken.  Support without divorce, or abatement of divorce proceedings are the way to determine that.  For more information about this or other divorce questions, please call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091, or click on the Firm web site at www.familylawwpb.com.