According to Webster the Definition of Marriage Has Changed

Recently there has been a lot of discussion over how to the term "marriage" should be defined legally. Although not a legal authority, Merriam-Webster's Collegiate Dictionary no longer defines marriage as the union of one man and one woman. Instead, the dictionary now also defines "marriage" as "the state of being united to a person of the same sex in a relationship like that of a traditional marriage," reports the ABA Journal.

While the law is lagging behind the dictionary, perhaps it will catch up soon. It is way past time for the legal definition of marriage to include committed same sex partners. Once this is accomplished, then we can move forward and open the doors for same-sex couples to enjoy all of the legal rights, entitlements and obligations currently available only to those whom the law permits to marry. Common sense and decency compel this result.

SO YOU SAY YOU WANT TO BE A PARENT...

I received the following "job description"from a fellow family lawyer and I share it with you to brighten your Monday morning:

POSITION:
Mother, Mom, Mommy, Mama, Ma
Father, Dad, Daddy, Dada, Pa, Pop

JOB DESCRIPTION: Long term, team players needed, for challenging, permanent work in an often chaotic environment. Candidates must possess excellent communication and organizational skills and be willing to work variable hours, which will include evenings and weekends, including frequent 24 hour shifts on call. Some overnight travel is required, including trips to primitive camping sites on rainy weekends and endless sports tournaments in far away cities! Travel expenses are not reimbursed. Extensive courier duties also required.

RESPONSIBILITIES: Job responsibilities continue for the rest of your life. You must be willing to be hated, at least temporarily, until someone needs $5. You must be willing to bite your tongue repeatedly. Also, you must possess the physical stamina of a pack mule and be able to go from zero to 60 mph in three seconds flat - in case, this time, the screams from the backyard are not someone just crying wolf. You must be willing to face stimulating technical challenges, such as small gadget repair, mysteriously sluggish toilets and stuck zippers. You must screen phone calls, maintain calendars and coordinate production of multiple homework projects. You must have ability to plan and organize social gatherings for clients of all ages and mental outlooks. Must be willing to be indispensable one minute and an embarrassment the next. Must handle assembly and product safety testing of a half million cheap, plastic toys, and battery operated devices. Must always hope for the best but be prepared for the worst. Must assume final, complete accountability for the quality of the end product. Responsibilities also include floor maintenance and janitorial work throughout the facility.

POSSIBILITY FOR ADVANCEMENT & PROMOTION: NONE. Your job is to remain in the same position for years, without complaining, constantly retraining and updating your skills, so that those in your charge can ultimately surpass you.

PREVIOUS EXPERIENCE: None required (unfortunately). On-the-job training is offered on a continually exhausting basis.

WAGES AND COMPENSATION: Get this! You pay them! Offering frequent raises and bonuses. A balloon payment is due when they turn 18 because one assumes that college will help them become financially independent. When you die, you give them whatever is left. The oddest thing about this reverse-salary scheme is that you actually enjoy it and wish you could only do more.

BENEFITS: No health or dental insurance, no pension, no tuition reimbursement, no paid holidays and no stock options are offered. This job supplies limitless opportunities for personal growth, unconditional love, and free hugs and kisses for life if you play your cards right.

Heart Balm Torts Alive & Well in NC

The vast majority of states have abolished the so-called “heart balm torts” of alienation of affections and criminal conversation. However, these two torts are alive and well in North Carolina. Because of this, it’s in your best interest for you to understand these torts so that you don’t run afoul of them.

For those of you who are not familiar with the term, a “tort” is defined by Black’s Law Dictionary (5th edition) as “[a] private or civil wrong or injury, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages.” In North Carolina, a Plaintiff who sues a Defendant for alienation of affections and/or criminal conversation is entitled to try his/her case before a jury.

To prove a claim for alienation of affections, the Plaintiff must produce evidence of the following: (i) Plaintiff and his/her husband were happily married and a genuine love and affection existed between them; (ii) their love and affection was alienated and destroyed; and (iii) the wrongful and malicious acts of Defendant produced the alienation of affections. (A malicious act, in the context of an alienation of affection claim, has been loosely defined to include any intentional conduct that would probably adversely affect the marital relationship).

While an alienation of affections claim is most often based upon conduct that occurred before the spouses began to live separate and apart, the claim can also be supported by evidence of post-separation acts by the Defendant. Destruction of the marriage is not a necessary element of claim for alienation of affections. Rather, the action lies for the diminishment of affection within the marital relationship. Thus, while damages will obviously be affected, the action lies for the diminished affection, and a partial loss of affection is sufficient to support the action. It is also not necessary for the Plaintiff to show that he/she knew about the alienating behavior at the time it was occurring. In fact, in most instances, the wronged spouse will only learn of the Defendant’s alienating actions after the damage has been done.

To prove a claim for claim for criminal conversation, a Plaintiff must present evidence demonstrating: (i) the existence of a marriage between the him/herself and his/her spouse, and (ii) sexual intercourse between Defendant and Plaintiff’s spouse during the marriage of Plaintiff and his/her spouse. It is also necessary to be able to show that the act of sexual intercourse took place in North Carolina.

A claim for criminal conversation can be based upon post-separation sexual intercourse between Defendant and Plaintiff’s spouse. The existence of a separation agreement between a Plaintiff and his/her spouse which purportedly contains a waiver between the spouses of their right to exclusive sexual intercourse with each other will not shield the Defendant from liability for criminal conversation based upon the Defendant’s post-separation sexual intercourse with Plaintiff’s spouse. The Defendant is only protected from liability in this regard if the Plaintiff and his/her spouse’s separation agreement contains an express waiver of grievances against third parties for tortious conduct. So, as unromantic as it may sound, if you are involved with someone who is separated but not yet divorced, you would be wise to ask to read his/her separation agreement and
make sure that the 3rd party waiver is included before you begin to have a sexual relationship with him/her.