Newsletters

Matrimonial Actions and Health Insurance

Health insurance issues must be considered in matrimonial actions. In some jurisdictions, as a matter of law, one must pay for the medical necessaries of one's children and spouse even during legal separation.

Interspousal Tort Immunity Doctrine

Interspousal tort immunity is a doctrine that precludes tort actions between married individuals. The doctrine has common-law roots. The doctrine is based on the theory that a married couple is a single entity. In the early 1900s wives were considered the property of their husbands, therefore they were not permitted to sue their husbands. Obviously now this is no longer the case.

An Overview of School Discipline

School discipline is an issue that may arise with respect to a student's improper activities while attending a public school. Typically, if the student commits an improper act, the situation is handled in an administrative manner without formal judicial review of the student's conduct. However, if the student's conduct was grossly improper or harmed the lives of others, judicial intervention may be necessary and required.

Sterilization of an Incompetent Individual

Sterilization of an incompetent individual is a hotly contested area of the law. Some states permit sterilization requests and others do not. From a traditional standpoint, the decision of whether to sterilize an incompetent individual is a family decision.

Misuse of Adoption Affecting Economic Rights

Courts generally prohibit parties from using the adoption process to achieve purposes that would have a detrimental economic effect on the children involved. An attempt by a birth parent to adopt his or her own children for the purpose of terminating the other birth parent's relationship with the children is a misuse of adoption. Also, an agreement to release birth parents from support obligations in exchange for their consent to an adoption is a misuse of adoption.