Wednesday, May 19, 2010
If you are caught having an affair and it ends up being the demise of your marriage, who is to blame? Can you sue the person or persons who revealed your secret to your spouse? What if the person who revealed your secret was actually a corporation? That is exactly what a Toronto woman is doing as a result of a cell phone company wrongfully combining the woman's private cell phone bill that was in her maiden name with that of her husband's. She is suing for breach of contract among other things and blames the cell phone company's wrongful act for her divorce and loss of job. While I believe that the breach of contract claim has merit due to the cell phone company's unilateral termination of her cell phone contract, I am not sure whether her claim that the cell phone company is responsible for her divorce has any merit at all. If you committed adultery and someone inadvertently reveals this to your spouse, should you be able to have any monetary recovery from that person or company that revealed your secret? What about personal accountability for your actions? Where do we draw the line? I am interested to hear any one's thoughts on this subject.
To read the article for which this blog is based, please see:
Monday, May 10, 2010
I sometimes come across issues when my clients' are going through a divorce that I have no legal remedy for. The biggest non-legal issue that comes up when dealing with children is when is it appropriate to introduce children to a new girlfriend/boyfriend and whether or not there is anything legally you can do to stop that from happening. Unless this new person is a sexual offender, child abuser or somehow a danger to your children, you have to come to terms with the fact that the courts cannot do anything to stop your ex-spouse from introducing whomever they feel appropriate to spend time with your children. However, many psychologists and experts would agree that there are many reasons why you should wait before introducing your children to your new girlfriend or boyfriend. When going through a divorce, its important to separate your feelings about your your ex's new friend from your children's feelings and do your best, no matter how angry you are, to co-parent your children with your ex. Your children will thank you for it in the future.