The Many Faces of Cheaters

By Robin Roshkind, Esquire, West Palm Beach, Florida

You caught your husband/wife cheating.  Now what?  You have two options.  Leave or stay.I hate to boil it down to such a simplistic statement because I recognize the frustration, confrontation, anger, disappointment, hurt, fear and even sometimes violence that results. The emotions of being betrayed are intense and heart wrenching.  What follows discovery of the cheating is either an admission of guilt or denial of same; then there is the blame game.  Or making light of a serious situation. Or remorse and apologies followed by useless promises.  No matter how you look at it, cheating causes marital trouble.

But here’s the big punch:  I am not just talking about cheating as being extra marital sex, adultery, affairs, or romances.  In addition to sex cheating, I am also talking about financial cheating; food cheating; chores cheating; gambling cheating; emotional cheating; alcohol or drugs cheating.  Think about it for a minute.  Some marriages have more than one!

These many faces of cheating can have serious and disastrous effects on a marriage.  Things like financial ruin,broken trust, abandonment, domestic violence.

If you find yourself to be the victim of a cheater, like I said before, you can either leave or stay.  If you stay, hope for change.  If you leave, your life is then under your control.

For more information about divorce 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 http://www.familylawwpb.com.

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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.

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.

What Is A Guardian Ad Litem?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Where there are children in a divorce situation, often times the court will appoint, upon motion of either parent , a guardian ad litem to advise the court as to what is in the best interests of the child/ren.  In order for the judge to appoint a guardian ad litem, there has to be some detriment to the child under the present circumstances; either abuse, abandonment or neglect.  If the child is harmed by physical violence, exposed to drugs or sex, has bruises, goes to school dirty or shows signs of disease, these are the types of cases where a guardian ad litem may be asked to do an investigation and write a report of recommendations to the judge.

Guardians are used in custody situations.  They have to be qualified in some manner to serve.  Sometimes they are even attorneys, but do not act as advocates, but rather as advisors to the court.  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.

Can You Live Together While Getting Divorced?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Can divorcing couples live together while getting divorced?  It might sound ridiculous, but it happens, mostly out of fear of abandonment accusations or to conserve finances.   While there is no abandonment statute in the State of Florida, it is cheaper to have one household than two.

So for couples who want to or need to tough it out until one or both have to relocate outside of the marital residence, here is some advice:  if the house is large enough to not get in each other’s way, stay together…if the divorce is amicable, if there are no boyfriends or girlfriends in the picture, stay together.  If there is no intense anger or domestic violence, stay together.  But be forewarned:  the togetherness may spawn violence, mental abuse, or other unbearable behavior from your spouse due to the divorce pending and the circumstances.

A good general rule:  If there is alcohol abuse or drug use by your spouse, or violence, move out.   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.

Other State Laws Do Not Apply in Florida.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Florida has many residents from other states who seek out the warm weather and make it their new home.  However, what people may not realize is that marriage and divorce laws are state specific.  Each state of the Union has its own laws.  Many states have similar laws but there are some big differences.

In New York State, for example, there is a one year waiting period before a divorce can be granted.  In California, divorces cannot be granted unless 6 months have passed from the date of filing for the divorce.  In Florida, you have to be a resident of the state for 6 months prior to filing for divorce.

New York and Georgia have fault, such as abandonment and adultery, while Florida is a no fault state.   Divorce court in Georgia is by a jury while in Florida it is by a judge.

Florida has equitable distribution of marital assets and debts, while California has community property and a strict 50/50 split.   

Where you get divorced depends upon residency.  You must show a lease or deed, where you receive mail, where you keep your “stuff”, where you own property, where you have a driver’s license, and where you pay your taxes.

For mor information about this or other divorce topics, please 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.

Changing the locks…when is it legal?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Can a husband or wife be thrown out of the marital home?  The answer is “it depends”.  Certainly if there is domestic violence and the police are called, if they arrest one of the spouses, there is a no contact order put in place until a hearing before the court two weeks later.  The alleged perpetrator is immediately removed from the marital home.

If a spouse voluntarily moves out of the marital home, but his/her name is clearly on the deed, or the lease, as the case may be, the remaining spouse under the law cannot change the locks unless the moving spouse has all his/her personal effects and gives permission.  Under this circumstance, it is advisable for the moving spouse to take photos of the contents of the marital home before moving out.

Moving out of a marital residence, in the state of Florida, does not constitute abandonment.  In other words, if a moving spouse has a title interest in the leasehold or fee simple property, he/she does not lose rights by vacating.

In divorce cases, often a temporary relief court order awards a marital residence to one or the other spouse for exclusive use and possession of the marital residence, pending the divorce proceedings.  In that case, and with the court order, the remaining spouse can change the locks.  The moving spouse is allowed access to get personal property from the home, often accompanied by a police officer and by appointment with the remaining spouse.

For more information about changing the locks or other divorce topics, call on one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at http://www.familylawwpb.com.