The battered women's syndrome; tort liability makes it essential to separate myths from reality

Article Abstract:

Battered women's syndrome may be used in tort recovery, but myths about victims and batterers must be dispelled when defendant and plaintiff do not fit stereotypes. In 'no-fault' divorce, traditional mental and physical cruelty arguments are no longer proper grounds for division of property. However, the option of filing a personal injury suit against the batterer is open. Expert witnesses are necessary for explaining the 'learned helplessness' of syndrome sufferers. Family law practitioners should notice signs of battering and determine the viability of a personal injury claim.

Cases, Personal injuries, Family law, Battered woman syndrome (Law), Battered person syndrome

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Old divorce problems: special issues arise when elderly couples split up

Article Abstract:

Unique issues are raised when elderly couples divorce, involving estate law, domestic relations law and elder law as well as divorce law. Attorneys need to be prepared for the involvement of children, who may be encouraging the divorce for inheritance purposes, especially when one parent is a step-parent. The pension is often the couple's key asset while most elderly couples have a working and a non-working spouse. Life insurance, long-term care insurance and management of the settlement funds and property after the divorce are important issues.

Social aspects, Aged, Elderly, Methods, Estate planning, Family, Divorce

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Uncovering the hidden tort: domestic violence may provide grounds for civil action against abusers

Article Abstract:

Some courts have found the continuing tort theory appropriate for domestic violence cases since some such relationships continue for some years. This theory finds specific instances of abuse to form part of a continuing act. Thus, the statute of limitations for tort actions does not start until the abuse ends. Other legal factors in domestic violence tort actions as well as further possible reasons for civil action in domestic violence cases are listed.

Innovations, Torts, Wife abuse, states

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