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


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