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Sex, Lies, and Divorce

On behalf of Feinberg & Waller, APC | Jun 2, 2014 | Divorce

Here’s a nightmare scenario. Imagine divorcing from a spouse and then being diagnosed as HIV positive. Such a scenario would be a nightmare because of both the disease and the fact that it was transmitted by someone you loved and someone with whom you might have believed yourself to be in a monogamous relationship. Fortunately, should this kind of event occur, there is something you can do about it. Legally, you can seek restitution against your partner by filing a claim known as a domestic tort.

Domestic, or inter spousal torts, are claims for damages that arise when those who have been in a relationship experience a betrayal. Not every betrayal, however, has to be as serious as being transmitted a serious disease. Other examples that might warrant a domestic tort include physical, emotional, and psychological abuse, or fraud or theft of property. Whatever the case may be, those who file domestic torts will attempt to have a judge order their former spouse to pay damages. These damages might include medical treatment in the example of a sexually transmitted disease like HIV. More broadly, the damages could be anything that allowed a spouse to be compensated for any losses stemming from the betrayal by their partner.

An additional scenario that domestic torts would also be useful in resolving is invasion of privacy. If, for example, a divorcee felt that a spouse was following them, they could use domestic torts as a means to seek damages. One can also seek Domestic Violence restraining orders in that context. In the case of an invasion of privacy (or other domestic tort), the divorcee filing the tort might claim that the invasion of privacy caused them to suffer panic attacks or other symptoms of stress. Whether a judge chose to award damages in this instance would be entirely up to them. At the very least, though, domestic torts do offer some means of relief from the scenarios that can entangle spouses, long after they have divorced.

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Intake Process

Step 1

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How Do You Pick the Right Family Law Attorney? First, you must start scheduling consultations with different attorneys to be sure that your attorney is someone with whom you get along with and whose personality blends with yours. You need to find an attorney who is knowledgeable and one who has years of experience in family law. Price is also a consideration. When it comes to family law, this is not an area where you want to “bargain shop.” To simplify your experience in finding the right attorney, here is the Intake Process so you know what to expect when calling our office.

Step 2

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When you call Feinberg & Waller, APC for an initial consultation, our Case Intake Manager will ask some basic questions about you, your spouse, your financial picture, and your case. Our Intake Process helps us determine if we can handle your matter while managing the needs of our existing clients. Feinberg & Waller, APC limits the number of cases we accept because we’ve found that selectivity advances our commitment to excellence.

Step 3

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After we receive your basic information, we run a conflict check to make sure we have not spoken with your spouse in the past. We want to confirm there will be no conflict for us working with you as a potential new client. Thereafter, we will call you back to inform you of the results of the conflict check. If we are able to assist you, our Case Intake Manager will go over the range in fees, from our paralegals at $195/hr, to our associate attorneys starting at $250/hr, and our Certified Family Law Specialists (CFLS) starting at $550/hr. 

Step 4

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If we are able to handle your matter, we will schedule your consultation with one of Feinberg & Waller’s Certified Family Law Specialists. A CFLS has gone through a rigorous process of proven qualifications. They are better trained and more experienced than most other non-certified family law attorneys. You want to be sure to be on equal footing, if not better, than your spouse in terms of the credentials of your team. You want a lawyer who is committed enough to their craft to become board certified.

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