While many divorces can be fairly straightforward and easy to get through, divorce lawyers find that there are some that can be exceptionally difficult, too.
Divorce attorneys see many of these instances involving circumstances in which one spouse has wronged the other in some way.
These acts of marital tort can definitely affect the outcome of the divorce.
Clients of divorce law firms going through a divorce due to the tortious behavior of a spouse should understand this concept and how exposing their ex-spouse’s wrongful behavior can help their legal case.
What Is A Marital Tort?
A marital tort is basically when one spouse commits some kind of wrongdoing against the other, whether intentionally or unintentionally.
Divorce lawyers see marital torts of many kinds, from emotional abuse or neglect to physical assault, having happened in marriages that end up in divorce when the circumstances reach a breaking point.
These civil acts of wrongdoing between spouses that prompts them to contact a divorce law firm might include actions that happen in the heat of arguments, while others can revolve around behaviors like abuse and neglect that have been ongoing for years.
What Are The Different Types of Marital Torts?
Divorce attorneys recognize three types of marital tort that can affect their clients’ divorces, including:
- Intentional Torts - When a spouse knowingly commits acts of wrongdoing against their spouse with physical assault or battery and sexual assault or abuse the most common type of marital tort reported.
- Negligent Torts - Less common than intentional torts, these are events that were not intended to harm a spouse but resulted in their injury, such as in a car accident or an accident around the house.
- Emotional Torts - Divorce lawyers define these as events that cause emotional distress and damage, such as cheating, verbal abuse, psychological abuse, and other ways that a spouse can cause their partner to experience depression, PTSD, anxiety, and other symptoms as a result.
How Can Marital Torts Affect Divorce Cases?
A person who has experienced tortious acts against them by their spouse frequently finds the family court weighing in their favor depending on the types of abuses they endured.
Although the concept of interspousal indemnity used to prohibit divorce attorneys and their clients from suing abusive spouses who committed marital torts, this protection no longer exists in most jurisdictions.
Interspousal tort claims, which are similar to personal injury claims, may be filed by spouses as long as they and their divorce law firm are able to prove that harm was caused.
The family court may then weigh in favor of the spouse claiming marital torts with regard to the division of marital property, child custody decisions, and entitlement to the recovery of other damages.
Yet for these claims to be valid, spouses and their lawyers must file marital tort claims within the standard two-year statute of limitations that applies to any personal injury claim.
Let An Experienced Divorce Lawyer Help
Spouses who have experienced physical or emotional abuse or negligence of various kinds may be entitled to file a marital tort claim against their abusive spouse with the assistance of their divorce lawyer.
In cases where acts of wrongdoing have occurred, contacting a divorce attorney experienced in the concept of marital tort is recommended.
Divorce law firm clients who are able to prove such behavior may receive greater consideration in their divorce case by the family court.
