Divorce Settlements Require Cooperation AND Ability to Contract

by Robin Roshkind, Esquire, West Palm Beach, Florida

So you want to settle your divorce case…that is great.  But if your spouse disagrees with your values of the business, the house, the artwork, the jewelry, your income, where the kids should live, or anything else, settlement is not possible.  Without an agreement between the husband and the wife, a judge will have to hear each side’s evidence and testimony at a trial and decide what is going to be by issuing a ruling and a court order for the parties to follow.

Another instance where settlement is not possible, is where there is a spouse who doesn’t understand.  This could be because of a language problem, (i.e. he/she can’t understand or read English), or an illness such as dementia or incapacity.  Where a spouse is unable to read, understand and agree to terms of a contract, it is impossible to have a valid and enforceable marital settlement agreement.

In cases such as these, which are problematic for settlement, a judge will have to hear the matter and issue a ruling.  This often happens where there are elderly couples seeking to divorce.  Illness can get in the way of any settlement.  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.


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