Common Mistakes About Divorce In Florida.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Many people who are going through a divorce for the first time,  do not understand Florida law.   I get questions like the following:

1.  REGARDING JEWELRY: husbands and wives think that because a piece of jewelry is a gift given during the marriage,  the jewelry belongs exclusively to them.  Not true… it is marital.  This can make a big difference if the jewelry is substantial.

2.  REGARDING PUNISHMENT:  couples often think that the one who files for divorce, or the one who leaves the marriage,  is the one who will be “punished” by the court in terms of receiving less assets from the marriage.  Not true, because Florida is a no fault state.

3.  REGARDING ADULTERY:  same premise as above.  If your husband or wife is cheating on you, the only recourse you have is to divorce the cheater.

4.  REGARDING MOVING OUT OF THE MARITAL HOME:  Floridians do not lose their property rights by “abandoning” the marital home.  If you have sweat equity in the house, or your name is on the deed, or have any other marital interest, you have an entitlement to your property whether or not you live there.

5.  REGARDING NAME CHANGES: if you want your name restored, you should do it now during the divorce proceedings.  If you wait, you will have to pay another filing fee for a new case in the courthouse.

6.  REGARDING YOUR SPOUSE SUPPORTING YOU:  you don’t have to get a divorce to get your spouse to support you.  If you have the need and your spouse has the ability to pay, you can get support without divorce.

7.  REGARDING CHILD SUPPORT:  the statutory child support guidelines have not changed in a generation.  The Florida legislature really needs to address this.

8.  REGARDING RESIDENCY: you have to be a Florida resident for at least 6 months prior to filing for divorce.  That means having your “stuff” in the state, having a Florida driver’s license, owning property, or having a leasehold interest here.

If you are thinking about getting a divorce in Palm Beach County, Florida, 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.

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“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 www.familylawwpb.com.