Two Reasons To Head To A Divorce Lawyer

Two Reasons To Head To A Divorce Lawyer.

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Two Reasons To Head To A Divorce Lawyer

by Robin Roshkind, Esquire, West Palm Beach, Florida

As a practicing divorce lawyer for more than 14 years, I find some common themes.  I want to share these to see if they apply to my readers.  In my opinion, there are two reasons marriages break down:

Loss of respect and loss of trust.

From these, all other things follow, that most people incorrectly label the “cause” of their divorce: infidelity, in law problems, lack of communication, lack of intimacy, extended family problems, sex or lack thereof, money problems, mental abuse, domestic violence, secrecy, spying, stealing, destruction of property, power struggles, discipline of children or lack thereof, not taking responsibility and the list could go on and on.

Once a marriage falls apart due to either the loss of respect or the loss of trust, it is very hard to put it back together.  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.

Why Paternity Cases are So Heart Wrenching

by Robin Roshkind, Esquire, West Palm Beach, Florida

With more and more unwed parents, certain issues regarding their children raise their ugly heads.  For example, a father wants to be in a child’s life.  He is paying child support.  The mother is remarried or has another relationship and doesn’t want him around.  The father has to petition the court for his paternity rights.  Or the mother knows who the dad is, but the dad accepts no responsibility as a parent for either supporting the child or having a relationship and spending time with the child.  It is the mother who has to petition the court for paternity rights.  

What mothers and fathers fail to understand in these paternity cases, is it is the child’s rights to two loving supportive parents under the law that is violated.  The child suffers when the parents can’t agree or cooperate.

What mothers and fathers also fail to understand is that just because one party is not paying child support (in violation of court orders or otherwise,) that does not give the other parent rights to with hold the child from the non paying parent.   Time sharing and paying child support are two distinct and separate causes of action.  A mother may rationalize that if the father is not paying, he should not have the joy of seeing the child.  In these cases, it is the child who suffers.  There are court proceedings as recourse for the mother in these types of cases.

A paternity determination is simple if the mother has SOME idea of who the father might be.  A cheek swap of the child and the father in question will collect DNA and tell paternity with almost 100% certainty.  In cases where the mother does not know who the father could be, the child grows up fatherless unless another man in the mother’s life takes over emotionally as well as financially. For more information about this or other family law topics, call one of the lawyers at ROBIN ROSHKIND, PA at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

 

Special Problems With Elder Divorce

by Robin Roshkind, Esquire, West Palm Beach, Florida

Everyone knows that having assets precludes one from claiming medical benefits they may otherwise be entitled to.  So often times, older couples file for divorce to separate themselves from their assets purposely.  It can be problematic, when the divorce is not a true divorce but rather done for fraudulent purposes.  Or hypothetically, assuming the husband gets sick, and the wife simply wants out.  These are tough decisions usually about long term marriages. 

However, in cases where there is a real divorce among octogenarians, the issue arises as to whether or not a party to the divorce is clear thinking enough to negotiate a settlement and contract.  In order for any negotiation and marital settlement agreement to be valid and enforceable, the parties signing it, agreeing to it, have to be of sound mind.  This comes into question, when the elderly divorce and want to settle their cases.

The capacity to contract is a threshold question in any divorce involving people over the age of 80.  For more information about this of 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.