Can I Sue For More Than Just Divorce?By Moskowitz Law Group, LLC |
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.