Dear Reader: On May 3, the Supreme Judicial Court denied a paternity claim brought by a non-biological "father." According to the court, "The plaintiff attended childbirth classes with the mother and was in the delivery room.... His name appears as the father on the child's birth certificate. The parties chose the name of the child together and the child has the plaintiff's last name. They lived together as a family for three years. The plaintiff devoted much time to caring for the child. At times, he served as primary caretaker while the mother worked." After separation, the mother allowed the relationship to continue and the plaintiff voluntarily made child support payments. But as we all know, no good deed goes unpunished; the court decided that he had no visitation rights. If the mother was the one bringing a paternity action based on non-support, she probably would have prevailed. We question why justice is based on gender instead of the merits of the case. Perhaps the defendant should return the child support payments she received, and appeals courts should recognize that these kinds of decisions may add to the epidemic problem of domestic violence. Sharyn T. Sooho, editor Steven L. Fuchs, co-editor Two Newton Place, Suite 200 Newton, MA 02158-1634
In 1982, after the Heacocks were separated, they had a violent argument on the telephone. Mr. Heacock went to Ms. Heacock's home. When she refused to let him in, he broke a glass door panel, grabbed her by the arm, and repeatedly caused her to hit her head on the door frame. Ms. Heacock filed for divorce. Unbeknownst to Mr. Heacock, she also filed a civil suit against him in another court for monetary damages, claiming she suffered from traumatic epilepsy. In 1991 the Massachusetts Appeals Court finally ruled that Ms. Heacock could not sue her former husband because she allowed her divorce case to end without disclosing to Mr. Heacock or the divorce court that she was seeking an additional monetary award in another court. The Appeals Court implied that the divorce court should have heard the divorce case and tort claim simultaneously, leaving us to wonder whether the divorce court would have awarded more than the usual alimony and property to Ms. Heacock. What do you think? Send us your comments.
Divorced people are more likely than their married counterparts to suffer from sleep disorders, low work efficiency, memory lapses, greater loneliness and despair, increased smoking, drinking, and other self-destructive behavior. Observers also note an increase in violence, suicide, accidental falls, driving accidents, traffic violations, sexual promiscuity, poor eating habits, lack of exercise, and lapses in medical insurance. Stress and maladjustment reach a peak 12 to 18 months after divorce cases are filed. Deborah McCarter, nurse practitioner, recommends that people experiencing divorce: * maintain health insurance. * focus on behaviors that promote health. * avoid risks such as excessive drinking or unsafe sexual practices. McCarter advises health professionals to: * identify the stage in the divorce process in which a client finds herself. * consider the developmental needs of children involved. * consider appropriate intervention and patient education.
Unlike other retirement benefits, social security is not divisible on the day of your divorce. The divorced spouse, however, may receive benefits when the insured spouse receives benefits, if the divorced spouse is: * 62 years of age or older. * not remarried. * married to the insured spouse at least 10 years. Planning strategy: take social security into account when negotiating or litigating an alimony claim in a long-term marriage.
According to Black's Law Dictionary, a guardian ad litem, or G.A.L., is a spokesperson for a minor child or incompetent spouse for the duration of a case. Divorce courts appoint a G.A.L. to investigate and make recommendations in hotly contested custody cases. Usually a divorce lawyer or mental health professional, the G.A.L. interviews the parents, children, teachers, pediatricians, psychologists, neighbors, and anyone with pertinent information on custody. The final custody decision rests with the court, but a carefully prepared report receives great weight, since the G.A.L. makes observations and offers opinions from the point of view of the children's best interests. Judges often require the parties to share in the cost of the G.A.L., although in some cases the state will pay if the parents cannot afford the fees. If a spouse suffers from a major mental illness and cannot make appropriate decisions, the court will appoint a G.A.L. who becomes that spouse for purposes of the divorce. The G.A.L. offers a point of view supposedly representative of the spouse -- in a rational state of mind.
If your agreement calls for a cost of living adjustment ("COLA"),
the CPI for all urban consumers increased 3.1 % for the twelve
months ending April 30, 1995.
(source: Bureau of Labor Statistics)
The Road to Divorce (Oxford University Press, 1990) by Lawrence Stone provides an entertaining, lucid account of marriage and divorce in England from the middle ages through the 1980's. King Charles II disguised himself to attend divorce hearings of the aristocracy and proclaimed them "better than plays." "Justice? -- You get it in the next world, in this world you have the law." -- William Gaddis, A Frolic of His Own "Curses and blessings do not come through the gates uninvited; we invite their arrival." -- Lao-tzu, Treatise on Response and Retribution
* Moving Away with Children * Divorce and Your Will * Tips on Being a Good Witness