Mental Health Issues In Divorce Cases

by Robin Roshkind, Esquire, West Palm Beach, Florida

Mental health issues often raise their ugly heads in divorce cases where there is violence, drug use, alcoholism, or a custody battle over the children of divorcing couples.  In many cases, the courts, upon motion, issue orders to deal with spouses who exhibit unusual behavior towards the other spouse or the parties children.

These cases can be particularly heart wrenching, because the spouse with the problem often doesn’t realize he/she has a problem.  The court, upon motion, can order counseling, anger management classes, parenting classes, rehabilitation, and supervised time sharing or no time sharing at all.  In violence cases, the court can order probation, restraining orders or incarceration.  The court can temporarily postpone parental rights by giving the other spouse sole decision making concerning the children, instead of shared parental responsibility.    

The job of the court is to protect the children and the public.  So if a spouse exhibits threatening behavior during divorce proceedings, the judge must order what is in the best interests of the children and the public.  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.

If You’re In Abusive Relationship, Get Out Now

By Robin Roshkind, Esquire, West Palm Beach, Florida

Although I am a divorce lawyer in Palm Beach County, Florida, I often think I could have been a therapist.  In dealing with legal issues of divorce matters, I often counsel my clients to help them to feel better about their decision , because divorce is not easy under the best of circumstances.

If you think you are being abused in your marriage, your recourse is 1) to get counseling to fix the problem, or 2) get out before the situation escalates.  Here are some tips to determine whether or not you should file for divorce immediately:

1.  If your spouse isolates you from friends and family.

2.  If your spouse is verbally demeaning, puts you down in front of people (even your children),  ridicules you, constantly critisizes at every turn, you can never do anything right,  bullies you, or purposely embarrases you.

3.  If your spouse blames everyone (mostly you) for all of his/her bad fortune.  It’s never his/her fault.

4.  If your spouse is jealous of you, what you do, who you are with, your time away from him/her.

5.  If you have a parent/child or master/servant relationship and you are the child or servant, you are being abused.

6.  If your spouse threatens you with leaving, hurting you or your children, cutting you off financially, or uses fear to control you, time to flee.

7.  If your spouse is an addict of any kind, i.e. illegal or prescription drugs, alcoholic, sex, shopping, gambling, internet surfing, or any other addiction, it is at YOUR expense emotionally.

8.  If you catch your spouse cheating on you or spying on you.

9.  Of course physical violence is the holy grail of abusers.  Get out while you still can before anyone gets hurt.

For more information about 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 for more information.

Do I Need A Divorce Lawyer To Get A Divorce In Palm Beach County?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The answer is it depends.  Legally, you do  not need a divorce lawyer.  Your life is at stake, but this is not criminal court.  If you have virtually nothing to divide, no children to worry about, you can probably do your own divorce.

However, if you have a claim for alimony, or a defense to it, or have children, or assets and debts to fight over, chances are you need counsel.  The more issues there are between the husband and the wife, the more likely there is a disputed issue (or several) and you will want someone on your side.

Additionally, you might want other professionals to assure that you will get what you are entitled to.  That could be a CPA or even a psychologist.  For more information, come in for a consultation.  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.

Should You Get Divorced?

By Robin Roshkind, Esquire, West Palm Beach, Florida

You know you are in an unhappy marriage, but should you pick up that phone to contact a divorce lawyer?  Below are some reasons why you should:

1.  If you are being physically hurt.  Domestic violence transcends all socio economic levels.  It should not be tolerated.  You must take your children and get out of harm’s way.

2.  You never have any money.  Your spouse doles out the dollars sparingly making you beg for more.   In divorce court, you will get your life back.

3.   You have no help at home.  It would be easier to just take care of yourself instead of your spouse’ needs too.

4.  Sex, alcohol, gambling, drugs, spending addictions are part of your life.  Your spouse is ruining your life and won’t get help.

5.  You are always on edge, nervous, or walking on egg shells.  No way to live, and life is too short.

6.  Too much yelling.  If you say the sky is blue and your spouse says it has a purple tinge to it, bail now.  Unless you are a litigator and want to spend your life arguing.

7.  Cheaters and liars, oh my.  A leopard does not change its spots.

There are many reasons to not stay married.  Find out today what your rights are for your specific marriage facts.  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.

Contract Law and Divorce Lawyers

By Robin Roshkind, Esquire, West Palm Beach, Florida

Many people don’t realize the amount of knowledge a divorce lawyer must have in order to effect  justice between the Husband and Wife in divorce court.

Often times, a divorce lawyer has to be well versed not only in FAMILY law, but also in TORT law, CRIMINAL law, and CONTRACT law.   Family law encompasses what is in the best interests of the child/ren, name changes, relocation matters, child support and time sharing between parents;  tort law comes into play when there is spousal abuse, physical injury, spread of disease between husband and wife; criminal law addresses stolen or damaged property of one spouse by another, violence, rape, battery and the like. 

But divorce lawyers also deal in contract law in terms of effectuating a valid, enforceable, marital settlement agreement between the parties,a division of assets and debts, future real estate arrangements, partnerships without the marriage factor.  Contracts can only be valid and enforceable if they are fairly negotiated, fully understood, and freely agreed to under controlled circumstances.   That is why in my practice, I go through a marital settlement agreement with my clients a page and paragraph at a time for an extra layer of protection.   In high asset or complex divorce matters I video tape the actual signing of these documents.   The other party always has the opportunity to challenge an agreement but the real issue is whether or not he/she will prevail.  I do everything possible to prevent a winning challenge to these contracts.

If you are thinking about getting divorced in Palm Beach County, Florida, or know someone who is, 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.

Deciding to Divorce…things to consider.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Deciding to divorce is like deciding to get married…it is life changing.  Below are several issues to think about while you see how this weekend goes with your husband or wife:

1.  The kids.  Some people stay together for the sake of the kids.  Some people get divorced for the sake of the kids.  The question is should you limit exposure of your kids to your spouse.

2.  The finances.  Divorce used to be for the rich and famous.  It is going back to that.   Divorce lawyers are expensive, and so is the divorce.

3.  Mindset.  Can the husband and wife have an amicable divorce or is it going to be like the movie, War of the Roses.

4.  Relocation.  Do you want to stay where you are or relocate and move on.

5.  Sex.  Are you getting any?

6.  Violence.  If there is abuse of any kind, get out.  People don’t change.

7.  In laws.  You can divorce them too.

Of course this is a simplified list, and every case is different.  To learn more about your rights in divorce court, 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.

Mental Health Issues in Divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are many issues in divorce that can be affected by one or the other spouse’ mental health.  The following is a list where mental health issues can determine and outcome of the case here in Palm Beach County, Florida:

1.  Custody battles.  The job of the court is to determine the best interests of the child/ren.  If a spouse is bi polar, clinically depressed, has anger management problems, eating disorders or suffers from alcohol or drug addicition, chances are likely that the other spouse will get much greater time sharing with the children.  The spouse suffering from mental health issues may get limited or supervised visits.

2.  Alimony.  A non breadwinner spouse with mentalhealth issues may get more in an alimony award for rehabilitation purposes as a special needs spouse. 

3.  Dissipation of marital assets.  A spouse who is a compulsive gambler will be accused of dissipating the marital assets, and as a result, will get a smaller piece of the marital pie in divorce court.

4.  Unfit to parent.  A spouse who abuses prescription medications may be seen by the court as an unfit parent.  Ditto for a spouse who returns the children in a dirty, hungry, neglectful  state. 

5.  Domestic violence.  A spouse who goes into a violent rage, destroying marital or separate property will be awarded less in equitable distribution of property.

Anyone suffering from these mental health afflictions should seek the help of a professional counselor for the benefit of the entire family and for him or her to be able to better cope with divorce and life in general.  For more information about this or other divorce topics, click on the Robin Roshkind, P.A. website at www.familylawwpb.com of call for a consultation appointment with one of the attorneys at the Firm at 561-835-9091.