781.708.4445

info@levinedisputeresolution.com

Divorce Mediation Blog

Hoisted on Her Own a Fraudulent Petard, or There’s Just No Damn Honor Among Frauds Anymore: Shea v. Cameron – Part 1

Wednesday, March 21, 2018

Levine Dispute Resolution - Alimony

It isn’t often that we get to see the phrase “joint stipulation of fraud”.

But, in the Massachusetts Appeals Court’s recent Shea v. Cameron, it is the perfect appetizer to a meal of mutual marital chicanery that resulted in the court’s decision to distance the itself from the:

    … “ingratitude, avarice, broken faith, brutal words, and heartless disregard of feelings of others,” which although blameworthy, are not legally compensable.

He lied about loving her. They married. He cheated. She filed for divorce. She withdrew her complaint. She filed a new complaint, this time for annulment. He snapped up that opportunity, only too happy to admit his faux amour.

Not so fast. After the parties presented their cooked-up annulment petition to the court, Ms. Shea served Mr. Cameron – on his way out of the courtroom, no less - with an complaint demanding a cookbook of damage remedies based on his “fraudulent inducement to marry”.

First, the Probate and Family Court, and then the Superior Court, kicked out Shea’s claims on summary judgment. But, the second judge “reported” the question to the Appeals Court, which took the matter up despite its procedural reservations. After a scholarly review of the history of various “heart balm” actions, the court wisely ended the matter for good, with unassailable logic:

  1. the law provides remedies for married persons when they break up, for equitable property division and support; and
  2. when the wife chose annulment instead of divorce, she gave up those remedies, since no marriage ever existed, a fiction of her own design.

Thus did Ms. Shea hoist herself, luring Mr. Cameron into admitting fraud, while plotting to then show him, but accidentally giving him a free pass, in the process.

There is just no honor in fraud anymore.



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



Delivered by FeedBurner

other articles


recent posts


tags

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