Family Law Blog

Divorced Doctor Seeks $1.5 Million for Lost Kidney

By admin on March 18, 2009

According to a story reported by the New York Daily News, a New York doctor hopes to be able to receive $1.5 million in payment for a kidney donated to his ex-wife while they were married.

In 2001, Richard Batista donated one of his kidneys to his then-wife Dawnell, who was suffering from kidney failure. His act of generosity bucked the odds. According to the Daily News, the chance of Batista and his wife being suitable donor matches was approximately 700,000 to one.

After Dawnell’s health improved, she suffered an injury and underwent physical therapy, at which time Batista alleges she had an affair with her physical therapist. Dawnell filed for divorce in 2005. Since then Batista alleges that Dawnell has denied reasonable access to their three children and that his claim arises from her actions.

Practicing divorce attorneys are quick to point out the long odds Batista faces in getting a settlement in this case, odds every bit as steep as those against the match being possible in the first place. In a supplement to the Daily News story, Seymour Reisman, an experienced divorce attorney, unambiguously labels the kidney as non-marital property and therefore not subject to the type of settlement for which Batista is hoping. He also calls Batista’s delayed claim—eight years after the fact—“vindictive.” Also in the New York Daily News supplement, divorce lawyer Rauol Felder labels Dr. Batista’s claim as “tasteless.”

At issue in this case is what you can legitimately claim in a divorce settlement, as well as discovering if there are any limits on what can be defined as property. New York is an equitable distribution state, which means that courts have the right to divide assets between spouses even if one spouse clearly owns the property.

In equitable distribution states, need is occasionally a dividing factor in determining the split of assets. Even so, Batista’s case raises the thorny issue of who owns a bodily organ, and the rather ugly ramifications possible should the courts find in Batista’s favor. One does not envy the New York court system as it wrestles with this issue.

If you have any questions regarding divorce or any other matters of family law, please contact the top Colorado divorce attorneys at Kaplan Law, LLC. We offer free consultations and look forward to evaluating your case.

Going Public: High Profile Divorces

By admin on March 11, 2009

For most people who file for divorce in Colorado, the thought of how family and friends will react can be as frightening and stressful as the actual divorce proceedings. Imagine how much bigger the stakes become for public figures involved in a divorce.

Fear of public disclosure associated with divorce proceedings can be used to speed settlements. For example, Steven Steinberg, a Hamptons divorce attorney, speculated in a 2008 New York Times story that the much publicized open court divorce between Christie Brinkley and architect Peter Cook may have been an attempt by Brinkley’s legal team to leverage a settlement in her favor.

The Times article goes on to mention that the legal tactic, while successful at achieving the goal of obtaining child custody for Ms. Brinkley of the children involved in the marriage, may have cost the former super model some degree of local good will. This illustrates one of the potential pitfalls in a high profile divorce that goes public—even a win can hurt. For celebrities and public figures, the revelations that may be aired in public could damage a carefully constructed public image, or even damage a promising career.

When public figures divorce, it may add layers of complication to volatile situations even long after the dust from the divorce has settled. For example, in December 2008, the New York Times pointed out in an article the uncharacteristic “brevity” of New York Attorney General Andrew Cuomo concerning the speculation about who would be appointed to Senator Hillary Clinton’s seat upon her confirmation as Secretary of State.

Cuomo, normally outspoken about political matters, had made his intentions for the seat clear—overly clear to some according to the Times article—only to pull back in his press for the appointment when former in-law Caroline Kennedy began to jockey for the position. Cuomo acrimoniously divorced a cousin of Kennedy’s in 2003, and the Times article speculates that Cuomo’s sudden reluctance to speak out on his desire for the seat, or on Caroline Kennedy’s fitness for the appointment may stem from fallout from the divorce.

Divorce takes a toll on everyone, whether a high profile politician, or a down-to-earth citizen. These high profile divorce cases only serve to remind us of the emotional and financial costs of divorce.  If you are filing for a divorce, trust the skilled Colorado divorce lawyers at Kaplan Law. Call us today for a free consultation.

When Divorce Gets Out of Control

By admin on March 4, 2009

A divorce is a stressful time for everyone involved. In an ABC news report, psychologists and divorce attorneys discuss how that stress can easily spiral out of control. The report begins with coverage of the protracted and bitter divorce proceedings of Nicholas Bartha and wife Cordula.

After filing for divorce in 2001, the couple wrangled with each other over control of assets, including a four-story New York townhouse. Four years into the proceedings, the Appellate Division of the New York State Supreme Court ruled that the home was indeed marital property. Nicholas refused to leave the premises, allegedly sending an e-mail to his estranged wife saying that he would leave the house only upon his death. In July 2006, the couple’s Manhattan townhouse was destroyed in a gas explosion a mere three days after Nicholas had been served eviction papers. Nicholas Bartha died July 17, 2006, and a little over a year later, his death was ruled a suicide in a report.

Although the Bartha case is admittedly one of the grimmest examples of a divorce gone terribly wrong, the potential for disaster is very real. Attempted suicide, harassment, stalking, destruction of property and other unreasonable acts are sometimes associated with divorce cases. One reason for the destructive and cruel acts that may happen in a contentious divorce—the elevated level of emotional investment associated with divorce proceedings.

Attorney Raoul Felder, a practicing divorce lawyer, is quoted in the ABC story saying “In all other litigation, stuff is replaceable, but dignity and validation are not replaceable [in a divorce case].” With dignity on the line, divorce proceedings can drag on and on, preventing the couple from going their separate ways and drastically increasing the costs to both parties.

How can you prevent situations like the Bartha divorce?

A divorce is painful enough without spiteful and cruel acts from one or both parties clouding the issues. If possible, work closely with your spouse to settle the financial issues outside of court. Should this not be feasible, work closely with a skilled Colorado divorce attorney. If you feel that the emotional impact of a divorce makes it impossible for you to meet with an ex-spouse, develop strategies with your lawyer and avoid situations like the Bartha divorce.