Divorce Mediation Blog

Hoisted on Her Own a Fraudulent Petard, or There’s Just No Damn Honor Among Frauds Anymore: Shea v. Cameron – Part 2

Thursday, April 05, 2018

Levine Dispute Resolution - Alimony

It is tempting to dismiss the Massachusetts Appeals Court’s Shea v. Cameron as a confection of divorcing people behaving badly, and a tale of narcissistic comeuppance. But, the case actually has two important messages in it, for which we are grateful.

First, obviously, is that “not all human actions…have an avenue for legal recourse, no matter how much anger, sorrow, or anxiety they cause.” Those words would be well-posted over the courthouse door.

But second, the court underscored the gravity of the allegation “undue influence”, the key to many efforts to avoid enforcement of pre-marital and divorce agreements specifically, and to eschew responsibility for one’s own actions, more generally. The court aptly cited SJC precedent, in stating that:

    …a plaintiff must establish that the defendant overcame the will of the grantor …. [by]… some form of compulsion which coerces a person into doing something the person does not want to do.

And, in connection with Ms. Shea:

    …the undisputed evidence shows that [she] was in full command of her personal affairs and was neither ill, dependent nor enfeebled at the time of the transfer of real or personal property to Cameron.

Undue influence is a high bar, as well it should be.


Get e-mail notifications of new blog posts! Enter email address below.:

Delivered by FeedBurner

other articles

recent posts


alimony statute rehabilitative alimony divorce mediation special master Baseball Arbitration COLA General term alimony divorce process mediator private dispute resolution divorce mediations Massachusetts Lawyers Weekly divorced separation Levine Dispute Resolution Center mediators SJC fraud lawyer DOMA arbitrator Same Sex Marriage child support mediations Levine Dispute Resolution traditional negotiations Cohabitation divorce and family law mediators family support Massachusetts alimony litigation divorce mediators facilitated negotiations Massachusetts Alimony Reform Act divorce arbitrators health coverage alimony law The Seven Sins of Alimony Levine Dispute Resolution Center LLC support orders Baseball conciliation divorce arbitration health insurance self-adjusting alimony disputes Massachusetts divorce mediators Self-adjusting alimony orders Massachusetts lawyers Act Reforming Alimony in the Commonwealth family law mediation MLB labor agreement LDRC alimony reform legislation Boston Massachusetts divorce litigation divorce arbitrator alimony Major League Baseball Arbitration annulment Defense of Marriage Act pre-ARA alimony Chouteau Levine family and probate law disputes Baseball Players divorce agreement arbitrators Divorce Agreements arbitration Levine Dispute Resolutions family law arbitrator lawyer-attended mediation medical benefits Family Law Arbitration divorce and family law family law arbitrators divorce mediator med-arb high-risk methodology med/arb Divorce Matrimonial Arbitration divorce judgment family law Uniform Arbitration Act mediation alimony orders lawyers resolve disputes how baseball arbitration works Twinkies family mediation IRC §2704 Massachusetts alimony and child support Child Support Guidelines Alimony Reform Act divorce lawyers Obamacare dispute resolution