781.708.4445

wmlevine@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 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


tags

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