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 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

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