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.

Can A Divorce Lawyer Ask About Sexual Activity In A Deposition?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The divorce lawyer can ask just about anything in a deposition and the opposing lawyer just has to sit there and take it while the client answers.

Lawyers cannot advise clients  to not answer deposition questions, unless they are objecting to the form of the question or to accuse the lawyer of harassment.  In those instances, the specific question can be marked by the court reporter taking down the testimony, and the asking attorney can summon the judge on the case to decide whether or not the deponent has to answer the question.  In Palm Beach County, Florida, this is normally done on the spot by telephone to the judge for a ruling, or if the judge is unavailable, by motion and hearing.  If a hearing is necessary, the deposition will be continued to another time.

Deposition testimony is often used in the courtroom to either verify or contradict courtroom testimony.  They are an integral part of any trial.  For more information on this or other divorce topics, call the Family Law Offices of ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more information.

Deposition questions in divorce are usually about finances, companies, relationships, drug or alcohol use, anything that is probative to the issues in the divorce case.  Behavior, records, financial affidavits all come into question.

What does “irretrieveably broken” marriage really mean?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Since Florida is a “no fault” state, you only need to meet two criteria to get divorced here:  6 month residency and to declare under oath that the marriage is “irretrieveably broken”.

What exactly does that mean?  It means that you and your spouse have tried everything possible to mend the marriage and that nothing can put it back together.  At final hearings, even if the divorce is uncontested, the judge will always ask if the marriage is irretrieveably broken.  Without your testimony that it is,  the judge may deny the divorce and order the husband and wife to marriage counseling, or individual therapy, anger management classes, parenting classes and the like. 

Sometimes couples take years to try to mend a marriage.  Sometimes just one or two visits to a marriage counselor.  However you try to do it, if the marriage is forever broken and cannot be fixed by any means, then you can get your 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 www.familylawwpb.com.