Ellen Weinfurtner

Family Law

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. More...
Gifts in Contemplation of Marriage
What if a marriage between two parties never takes place? Is the donor or the giver of the gift permitted to recover the premarital gift given to the recipient, his or her future spouse? Whether or not the donor is entitled to recover the premarital gift depends upon the circumstances. If the gift was conditioned on the marriage, either explicitly or implicitly, then the donor may recover the gift depending upon the facts in the case. More...
Parental Liability for a Minor's Torts
A parent may be liable for a minor's torts. The parent may be found liable if the parent was negligent in their actions. The parent may be liable for an injury inflicted by the minor, if the injury was the natural and probable consequence of the parent's negligent act. The injury should be reasonably foreseeable due to the parent's negligence. More...
Child Support Enforcement and Paternity Issues
At common law, a putative or alleged father of a child produced out of wedlock had no duty to support that child. However, the statutory law changed the common law and required both parents to support the child. More...
Legal Malpractice and Divorce
In divorce actions legal malpractice may occur. If a client suspects that her attorney is liable for malpractice, she may file a civil malpractice action against the attorney or may file a complaint with the State Bar Association. More...

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