When an extramarital affair takes place, there is more than just the emotional damage and potential impact on divorce proceedings. What if the unfaithful spouse contracted a a sexually transmitted disease, and then transmitted it to their husband and wife?
That is what Carl Levine claims happened when his wife allegedly has an extramarital affair. To add even more intrigue to the case, the man who has allegedly had sex with the woman was also her psychiatrist, Dr. Robert Werboff.
Mr. Levine is claiming that Dr. Werboff had a legal duty to warn him that he had herpes simplex before having unprotected sex with his wife. And, Westchester County Supreme Court Justice Nicholas Colabella agreed with him.
Westchester County Supreme Court Justice, Nicholas Colabella
“There is nothing unfair about extending such a duty of care to a spouse of the infected person,” wrote judge Colabella in Levine v. Werboff, 24873/09.
Dr. Werboff’s attorney, Bruce M. Brady, plans to appeal the decision.
According to the complaint, Dr. Werboff did not warn the alleged adulteress, Susan Levine, that he has herpes.
Mr. Levine’s official complaint states: “As a result of the acts of the Defendant, Carl Levine has been rendered sick, sore and disabled” and “suffered, among other things, infection with HSP, numerous internal injuries; illness and sickness, severe fright, shock, pain, discomfort, and anxiety, and is informed and believes… that the injuries are permanent.”
Actor Charlie Sheen has had a long and rocky relationship with the law. In his latest legal entanglement, the actor has been issued a new court date for domestic violence allegations involving his wife.
Could Charlie Sheen end up behind bars?
The charges stem from a December incident involving his wife Brooke Mueller. Sheen is considering a plea deal that may include jail time.
Sheen had initially pleaded not guilty to menacing, criminal mischief and assault charges stemming from an argument with his wife, Brooke Mueller Sheen, on Christmas Day.
There’s a report that says Sheen is planning on pleading guilty in exchange for other more serious charges being dropped. If that is the case, it is possible he will do some modest amount of jail time.
When dividing property during a divorce, one of the most complicated and potentially heart-breaking aspects is the issue of pet custody.
One way to ensure that you will gain guardianship of the pet is to prove that you are the rightful and most qualified owner. You and your divorce attorney can work together to assemble a body of evidence to present to the court. This should include:
- Written recommendations from your pet’s veterinarian, groomer or trainer.
- Bills, receipts, or vet records that prove you were the primary person responsible for pet care during the marriage.
- Photos or video that demonstrate a bond between you and your pet.
Visit our library to learn more about pet custody issues.
After going through a divorce and division of marital property, you might discover what you believe to be a critical error in the divorce settlement.
In most states, you will have 30 days from the court’s order to file an appeal or motion to vacate the judgment (also called a motion to reconsider).
Below are some circumstances under which a court may consider an appeal:
- One spouse is discovered to have committed fraud, such as hiding assets
- When one spouse is put under extreme duress during the divorce
- Discovery of new information and a valid reason the information wasn’t presented during the initial case
Visit our library to learn more about property disputes during divorce.
If you and your estranged spouse have already worked with your divorce attorneys to divide your major marital assets and are now looking to save time and agony while divvying up the remaining items in your household, it might be beneficial to think outside the box.
A few creative and unconventional ways to divide the contents of your home and other items of marital property are listed below:
List all items of community property, leaving out items that you both can agree are of personal or sentimental value only to one spouse
- Hold a sale of all items and divide the profits equally
- Ask a neutral party to broker an “auction” between you and your spouse, awarding each piece of property to the highest bidder
Read more about how to split marital property.
When dividing assets during a divorce, it is in the best interest of both spouses to put aside their differences long enough to ensure the continued value of their marital properties, particularly in a down economy.
A bit of cooperation and the guidance of skilled divorce attorneys can ensure a higher settlement for both spouses. Below are a few tips on how to divide marital property in a way that ensures something will remain after divorce proceedings are over.
Hold onto new assets and properties and evaluate yearly until a fair appraisal can be made
- Don’t sell in a “weak market“ this goes for the home, stocks, and other property
- Consider giving assets to children
- Offer non-marital property in exchange for a larger percentage of marital properties
Learn more about the division of property during a divorce.
While it is understandable that you would want to use every resource available to get a fair deal while dividing marital property in a divorce, never resort to illegal or immoral acts in order to win property or assets.
Engaging in such questionable acts can result in earning the judge’s ill will, fines, or jail time. A few rules of engagement to follow during a division of property battle are listed below:
- Never falsify records
- Do not attempt to hide marital property from your spouse or his or her divorce lawyer
- Do not lock your spouse out of the marital home or change the locks
- Do not make false claims of domestic abuse
Learn more about dividing property during a divorce.
When selecting a divorce attorney you will want to ask critical questions such as:
- How long have you been practicing family law?
- Do you have experience with complex divorce cases?
- How many of these cases have you won?
