What Are Grounds For Divorce In Florida?

by Robin Roshkind, Esquire, West Palm Beach, Florida

There are many reasons to divorce.  Among the most common are problems with in laws and children in extended families, money problems, addiction to drugs, sex, alcohol, gambling, shopping or whatever.  There could be mental health issues such as depression, paranoia, or a bi polar personality.  There could be mental or physical abuse or repeated domestic violence.  A marriage can be a sham without a basis, just for immigration purposes, for example, or for health insurance.

There could be fraud in the inducement, (riches, babies) and the spouse finds out too late that whatever attracted him/her to the marriage is not true. 

There are many reasons to divorce.  But in the State of Florida, the only grounds you need to divorce include a 6 month residency, and a declaration that the marriage is irretrievably broken.  That’s it.  All other grounds are emotional ones, not legal ones. 

Are these emotional grounds relevant?  In some circumstances, when it comes to dividing the marital estate, marital debt, and providing support, they could be.  But Florida is a no fault state.  If you meet the residency requirement and declare the marriage irretrievably broken, you will get your divorce.  For more information about this or other divorce topics, call one of the Palm Beach 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.

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Can A Judge Deny A Divorce In Florida?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The answer is yes… a judge can deny a divorce on several different levels.

First it is a requirement that financial affidavits and full disclosure of marital assets, debts and pre marital property is available to the other party.  Without this requirement of MANDATORY DISCLOSURE being met, the judge WILL postpone the divorce proceedings until one or both parties comply.

Secondly, where there are children involved in the devastated marriage, a child support calculation worksheet MUST be in the court file.  Without this, the judge can deny the divorce.

Thirdly, both parents must take the 4 hour parenting class and provide a certificate as proof.

The marriage has to be irretrievably broken and the parties have to testify as such.  Or else the judge can deny the divorce.

If residency requirements of 6 months prior to filing the petition for dissolution of marriage is not met, the judge can deny the divorce.

There are other reasons a judge may deny a divorce or at least postpone the proceedings.  If the judge passes a court order and the parties don’t comply, someone is going to be sanctioned.  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.

CASE OF THE MONTH: Divorce Your Spouse, Not Your Child

By Robin Roshkind, Esquire, West Palm Beach, Florida

I had a client come in who was married to an airline pilot.  She said her husband came home one day and packed his things and left saying he was “done and owtta here”.    His teenage son was standing in the kitchen after school while all this was going on.

No one knew it at the time, but this  father would not have contact with his son for more than 3 years.  The mother receives a child support check every month.   What are the ramifications of this case?

First, the marriage was irretrievably broken and a divorce was granted.  But more important than that, the son blames himself for driving his father out of his life.  When he is done acting out on that, he blames his mother for driving his father out of his life.

Needless to say, this teenager has been in trouble with the law, does poorly in school and has self esteem issues.   While the real blame should be on the father himself.  What was he thinking?  He single handedly ruined this child, perhaps for life.

If you want a divorce, you will get a divorce.  But don’t turn your back on your children.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 51-835-9091 or click on the Firm’s web site at http://www.familylawwpb.com.

Can You Postpone a Divorce Proceeding?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If one spouse wants a divorce in Palm Beach County, Florida, and meets the six month residency requirements, and declares the marriage is irretrievably broken, a divorce will be granted.  That is, if the proceedings go forward all the way to conclusion.

There is a way to put off a divorce, pending a reconciliation or a reconciliation attempt.  That is by Motion to Abate the Proceedings.

Essentially, you are asking the judge to stop the divorce from going forward to 1) give the parties time to go to marriage counseling, 2) give the parties time to get their lives back on track whether it be for school or a job, 3) or generally give the parties time to negotiate a settlement.

Abatement of divorce proceedings is a temporary measure and usually does not last longer than 60 to 90 days unless warranted.   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.

Spouse wants a divorce…you think marriage can be saved. What to do?

By Robin Roshkind, Esquire, West Palm Beach, Florida

You spouse has started divorce proceedings.  You do not want a divorce, and think that the marriage can be saved.  What should you do?

One of the requirements of a divorce here in the state of Florida, is that the marriage be declared irretrievably broken by the spouse petitioning the court for the divorce.  If the responding spouse does not agree that the marriage is broken, he or she can file a motion to abate divorce proceedings pending reconciliation or marriage counseling.    It may or may not be granted by the court but at least it is worth a try. 

If the abatement is granted, this gives the couple time to patch things up and go to marriage counseling.  The court usually does not allow more than 3 months abatement unless the parties agree to it. 

If a reconciliation is achieved and the parties then wish to stay married, the petitioner must file a notice of voluntary dismissal of the divorce case. 

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

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.

Postponing divorce…why it is NOT a good idea.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Often in my practice, I get clients coming in for consultations and they tell me “We have been separated on and off for a year and now I want a divorce.”  Here is why it is not good to postpone a divorce once the marriage is broken:

 The fact remains, under the eyes of the law, you are STILL married.  You are still responsible for your spouse in terms of health insurance, car insurance, auto liability and marital bills, including the IRS unless you file separately, and the mortgage.

Asset valuations, including stock accounts, savings accounts, and business valuations usually are valued at the time of filing for divorce

It is the filing date that is a cut off date for marital debt as well.

So, the more time you live separate and apart, but remain married, the more time your spouse has to depreciate assets and run up debts.

Or run a business into the ground.  Remember, if both names are on a lease or a deed to real property, i.e. the marital home, the estranged spouse still has a right to come and go at will.  This scenario has lead to engagement rings and other jewelry to be “stolen”, houses to be emptied of its contents, and other such problems. 

So the best legal advice I can give is if  you are fairly certain the marriage is over, don’t delay.  Don’t give documents and records a chance to “disappear”.  For more information about this or other divorce subjects, click on the Robin Roshkind, P.A. website at www.familylawwpb.com or consult with one of the attorneys at the firm by calling for an appointment at 561-835-9091.