Divorce is an emotionally painful time, and the desire to include allegations
in your case that are outside the "normal" divorce issues are
great. This is especially true if the facts are such that the feelings
of having a failed marriage are so great that one party feels significantly
injured by their spouse. Examples of these types of emotions include feelings
of betrayal, infliction of emotional distress, and intentional harms such
as emotional distress or physical abuse. In these cases it is not uncommon
for a party to seek to include causes of action in their divorce that
are typically reserved for general civil litigation, such as damage to
reputation through slander or another medium.
Divorce cases usually do not involve allegations of criminal activity or
civil wrongdoing. But that does not mean these types of allegations are
off limits in your divorce case. A tort is a civil case, brought by an
injured party against the wrongdoer. The most common type of
tort is negligence, which is an instance where a party either acts in a way
unreasonable for the circumstances, or fails to act as a reasonable person
would in similar circumstances. A marital tort is an action by one party
that injures the other outside the usual issues of divorce. A good example
is injuries caused by transmitting an STD, or participating in activities
that cause significant emotional damage to your spouse.
If your case includes these factors, it is beneficial to enlist the assistance
of a skilled family law attorney to determine what causes of action are
appropriate for your divorce case and which are best left to the skill
of a general civil litigator. We have experience identifying which issues
to raise in your divorce, and how to reach satisfactory results on those
issues. For more information, call our office and make arrangements to
meet with a member of our legal team today.
To learn more about marital torts, call a qualified family law attorney
for answers to your questions. We can be reached online at
http://www.divorcelawyers1.com. Call today to schedule an appointment.