Loss of consortium case complicates divorce

It is usually a good deal of passion that sparks the love that becomes a marriage, and passion can make people feel a little out of control. That same loss of control can turn marriage into a nightmare if one spouse has decided the time has come to end it.

Divorce, like the bonds of matrimony, is a legal process that changes a person's legal state. Many other legal issues can be affected by divorce, such as the separation of people's finances and obligations. And, if people are engaged in legal proceedings at the time of or just after their divorce, complications can arise.

A Pennsylvania woman was in the midst of a divorce proceeding when her husband died, and she filed a lawsuit for loss of consortium shortly after the death. Loss of consortium is a type of civil action that seeks financial damages, much like a personal injury case. It generally refers to the rough monetary value of the affection lost after a wrongful injury or death caused by the spouse.

The complication doesn't end there, as the plaintiff says she was illegally ordered to submit documents protected by attorney-client privilege. A lower court in the Keystone State, however, claims this privilege does not exist when the divorce proceeding is part of the case.

People dealing with the possibility or reality of divorce may need the help of a lawyer. An attorney can help protect an individual's interests in a difficult time and ensure that no one is alone when dealing with one of the most important decisions in life.

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