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 Difficult Days For Those In Troubled Marriage

By Robin Roshkind, Esquire, West Palm Beach, Florida

It is no surprise that along with the holidays comes the stresses of the season.  It is a well known fact that people stress out over the holidays.  It is especially hard for couples who have failing marriages, couples who are trying to stay together for the sake of the kids, couples who just hopelessly don’t know what to do.

Husbands and wives who have already moved out and on mentally, especially have a hard time keeping it together at this time of year.  How do you pretend?  How do you stay pleasant?  How do you keep from blowing up?  Psychological counseling or marriage counseling is one answer.  A consultation with a divorce lawyer is another.  It may put your mind at ease and give you a plan to keep you from unraveling.   If you know your rights in divorce court, you may be able to make better choices during the season’s festivities.  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 www.familylawwpb.com.

Misconceptions About Divorce

By Robin Roshkind, Esquire, West Palm Beach, Florida

I often get asked questions from clients that seem so elementary to me that sometimes I feel like a therapist.  But I get these same questions over and over again, so I thought I should address them for the benefit of those who need the advice:

1.  Is divorce going to devastate my family?  It doesn’t have to.  If you and your spouse are adult enough to put children first, you will realize you will be co parenting for a long time and do what you think is in the best interests of the children.  The problem is that often the two opinions don’t jive but rather conflict.  When that happens, there is mediation or therapy.

2.  Do I have to list every penny I spend and earn on my financial affidavit?  No, as long as you estimate closely to what the real figure is.   This is not an exercise in balancing your checkbook.

3.  Will my spouse follow a court order?  He/she should, but if he/she doesn’t, you have legal recourse.

4.  Will my case settle?  In my practice 75% of our divorce cases do settle.  As for a particular case, who knows?  We certainly advocate for amicable settlement, but sometimes that is just not possible.

5.  Will I have to leave the family business?  If you are divorcing, yet working in a family business, it is highly likely that you will be foreclosed from continuing in that position if the family is on your spouse’ side.

6.  Will my lifestyle suffer as a result of the divorce?  It depends.  Some people prosper without their spouse dragging them down financially or emotionally.   Others face problems on their own that they never had before as part of a married couple.

7.   Who gets the dog?  This is an interesting one.  Pets are viewed under the law as chattel or things, no different than a living room sofa.  However, pets carry the emotions of their owners as if they are children.  I have done cases where the former spouses exercise time sharing.  Also I usually try to have the pet go where the children go at the time.

8.  Can I date and have sex?  Of course.  Florida is a no fault state.  Just be sure the children aren’t harmed in some way from your behavior.

There are hundreds of these types of questions.  If you have one, pick up the phone and call 561 835 9091 to arrange for a consultation with me on your specific case.  Or click on the Firm’s web site at www.familylawwpb.com.

Shared Parental Responsibility vs. Sole Parental Responsibility…what are the reasons?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In family law in the state of Florida, there is a presumption that parents should equally share in the major decisions concerning the upbringing of their children.  This Florida statute is called “shared parental responsibility”.  But there are reasons for SOLE parental responsibility, that is where the court orders that only the “better parent” make major decisions regarding the upbringing of a child.  The court will do what is in the best interests of the child/ren.

Here is a check list of why courts might order SOLE parental responsibility in the best interests of the child/ren:

1.  If one of the parents has a serious mental illness.

2.  If one of the parents is far superior parent.

3.  If one of the parents is neglectful, totally irresponsible, abusive, or simply has no interest in the child/ren.

4.  If one of the parents is a sexual predator, child molester, or otherwise a pervert.

5.  If one of the parents is totally unfit to be a parent.

6.  If one of the parents is incapacitated.

Parents are expected to administer medicine properly, pick up and drop off children at school timely, monitor children so they stay out of harm’s way, feed and clothe them properly, care about them, pay attention to them, help with their homework, participate in their lives.  If a parent will not or cannot perform as a parent should, the other parent should litigate for SOLE PARENTAL RESPONSIBILITY in the best interests of the child/ren.

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 for more information.

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.

How Many Times Must You Go To Mediation?

Bhy Robin Roshkind, Esquire, West Palm Beach, Florida

All parties to a divorce action in Palm Beach County must go to mediation at least once prior to taking the divorce to the judge.  This is an administrative court order.  The policy behind it is that 70% of divorce cases are able to be settled without court intervention.  Judges prefer the parties to settle their differences rather than rule and have to micro manages family life.

So you have to go at least once.  At mediation you can have a global settlement, a partial settlement or no settlement at all.  You are not forced to sign anything.  But if you want to go to mediation more than once, you will need a court order to do so, or an agreement from your spouse.  Mediation fees can run from as little as $120 up to $400 per hour.

For more information about mediating divorce cases, or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, PA at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

What Happens If You Want To Settle Your Divorce, But Your Spouse Doesn’t?

By Robin Roshkind, Esquire, West Palm Beach, Florida

I get this question in my practice all the time…clients come in wanting to settle their divorce.  The spouse just can’t or won’t agree.   What happens then?

There are three very good reasons to settle a divorce matter: less expensive, less stress, faster resolution.  But in order for a settlement to occur, BOTH parties have to be on the same page.  Both the husband and the wife have to agree to agree to stay out of court.  If that is not the case, settlement is just not possible.

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 for more information.