Is Your Marriage BROKEN?

Is Your Marriage BROKEN?.

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Is Your Marriage BROKEN?

by Robin Roshkind, Esquire, West Palm Beach, Florida

You can’t blame him for seeking out his old flame on facebook.  You can’t blame her for reconnecting with her college sweetheart.  You can’t blame a husband OR a wife for having a hot and steamy adulterous affair…at least not in the State of Florida, since Florida, legally speaking, is a no fault state.  What you can do is: 1) realize the marriage is broken;  2) live with it;  3)  fix it; or 4) divorce and move on. 

Infidelity takes many forms:  sexual, emotional, and financial.  Or any combination thereof.  What kind of infidelity are you sleeping with?  Whatever the case, only you can decide if it is worth trying to fix.  Even the best intentions are thwarted, sometimes when he won’t give her up…she won’t stop spending…they are room mates of convenience. 

If communication won’t break the ice resulting in fruitful discussions, maybe then marriage counseling will help.  You both have to want to go.  If that is not possible, or you tried and it isn’t working, then be smart about your bad fortune and seek legal advice before you lose the chance to protect yourself from the inevitable.  A break in the marriage may seem like the end, but in reality, it is just the beginning of a long a stressful process called divorce.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091or click on the Firm’s web site at www.familylawwpb.com for more information. 

 

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.

Divorce Allegations and Proof Required

by Robin Roshkind, Esquire, West Palm Beach, Florida

There are many allegations that can go flying around in divorce cases in Palm Beach County…drug and alcohol abuse, wife beating, illicit affairs and marital monies spent…these are just a few.

It is important to realize that whatever a spouse alleges in divorce court, must be proven in order for the judge to make a finding as to the validity of the allegation., and thereby rule upon it based upon fairness of the situation.

So, for example, to say or testify that your husband has been cheating is not enough.  You must show with substantial evidence that he purchased a car for his girlfriend, or is paying her rent regularly, thereby dissipating marital assets.  Another example:  If you find something incorrect on your wife’s financial affidavit, you must prove the falsity, rather than just put forth the allegation.

Trial judges don’t take your position on its face value.  What you allege in divorce court you have to prove.   And of course, the allegations have to be relevant and material to the issues at hand.  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.

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.

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.