One Spouse Wants Divorce, Other Does Not…

One Spouse Wants Divorce, Other Does Not….


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

“Irreconcilable Differences” and Other Divorce Terms You Should Know.

By Robin Roshkind, Esquire, West Palm Beach, Florida

 Two requirements for divorce in the state of Florida are residency and irreconcilable differences.  Without these two conditions being admitted to in fact, a divorce cannot be granted.  What exactly does it mean to have irreconcilable differences?  Residency?  And what other terms are divorce related in Florida?

“Irreconcilable differences” means that not under any circumstances, even with marriage counseling, can the marriage be repaired or saved…and that the marriage is “irretrievably broken”.   “Residency” means that a person must live, work, have possessions, drivers license, lease, or deed to property, and eat and sleep in the state of Florida for 6 months prior to filing for a “divorce action”.  “Action” means “lawsuit” in the courts.  When your attorney files a divorce case, he or she is really filing for a “dissolution of marriage”.  “Dissolution” means to dissolve a legal relationship, i.e. the marriage.  “Child support” is easy to define.  It is the monies to which a child is entitled to from BOTH parents.  “Alimony” is the spousal support from one spouse to the other.  Sometimes alimony and child support are classified as “undifferentiated support”.  Attorneys fees from one party to another puts the divorcing parties “on equal footing”.  “Deposition” is the formal questioning of a party “under oath” in discovery of financial facts of the marriage and can also encompass affairs, living arrangements, income, expenses, trips, and just about anything else an “opposing counsel” wishes to ask.  “Temporary relief”  is the support and timesharing of children established pending the divorce “proceedings”.  These terms to live by are temporary until a “final judgment” is entered by the judge.  “A court order on divorce” is enforceable by the court.  A “final judgment” is the actual “divorce decree” when the whole thing is finished and signed by the judge. 

For more information call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at

What “Causes” Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Many married couples go along not realizing how a relationship can deteriorate into a bad situation.  Then when their partner mentions divorce, they are completely taken by surprise.

The list is a short one as to the main causes for divorce: sex, money, power.

Take sex first…either there is not enough sex in the marriage, or no sex, or sex outside the marriage.  Affairs, adultery, cheating, broken loyalty and broken trust is the result.  Irreconcilable differences arise.

Re: money, financial strain on the marriage causes arguing as to what bills go unpaid, foreclosure of the marital home, loss of job or income, laziness to find work, mounting expenses… all are ripe grounds for discontent, dispute and divorce.

Then comes power, which can result in controlling behavior of one over the other.  Verbal or physical abuse, domestic violence claims, criminal behavior of stealing a spouse’ personal property (like jewelry or tools), is the result.

Other causes of divorce include mental health problems, issues with in laws or extended families, children of another marriage, drug or alcohol use. While each case is different, if you see yourself in any of the above scenarios, consult with a divorce lawyer immediately to protect your rights.   Call one of the lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at