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Kevin S. Sanders |
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The "Game of Love" can be a wonderful game and for a lot of people it lasts a lifetime, but for others, the game of love goes sour and if irreconcilable differences occur, the marriage of the parties often winds up in divorce. The key legal phrase in Florida upon which a judge may grant a divorce is when the marriage is "irretrievably broken". Such term has been defined loosely as the parties merely grew apart, and then in other situations, accusations of infidelity, abuse, or improper behavior, can show proof that the marriage is irretrievably broken. The law in Florida is fairly clear and established. In a situation of divorce equity will rule. All formerly jointly held assets and debts will be equitably distributed between the parties. The question for the court in the situation of divorces is where does equity lie and what would be fair between the parties. This is where a good lawyer has an opportunity to benefit the client. As each divorce has its own particular set of facts and circumstances, it is not possible to set out standards of distribution for the benefit of this article. It is stated for the record that in heavily contested divorce situations, neither party really can claim victory no matter what the outcome. As most attorneys work on a per hour basis, it is clear most often that the attorneys in contested divorces are the ones who benefit the most. In the situation where the divorcing couple have minor children, it is clear that the children suffer the most. Far too often when love goes bad, there is a tendency for the divorcing parties to be as vindictive as they were loving in the beginning. With the rules set for equitable distribution, many times the only "battleground" that is left is custody. This is a sad situation as the children, already emotionally distressed from the breakup of their parents, are often forced to choose which parent they love the best and desire to live with. Each parent will try to wield their influence, either through love or guilt, causing the children even more emotional distress and depression. The effect usually manifests itself on the lower end with failing grades and difficulties in future relationships and on the upper end could cause some children to consider suicide. All the while neither parent noticing what they are doing to the well being of the children. The cost, not only monetarily, but emotionally, is just not worth the effort. It would seem that any relationship that fostered enough love to result in marriage and children, should end in an amicable fashion out of respect for that former love and for the continuing love that the parties share for the children that resulted from the union. A good attorney is always the key to protecting your monetary as well as emotional interests. A good attorney will try to resolve the differences in a quick and amicable fashion and will not delay the final resolution thereof for the benefit of charging more for their time. |
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1997-2004
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