A long time ago, spouses were not able to sue each other for torts, or certain “wrongs” done to one another because of a doctrine called “spousal immunity.” That doctrine has long since gone by the wayside, opening the door for divorcing spouses to sue each other for various types of civil “wrongs” called marital torts. Read more
Tag Archive for: marital tort
A call for eradication of gender-based violence throughout the world
November 25th is International Day for the Elimination of Violence against Women. While violence, including domestic violence, affects men as well as women, gender-based violence affects women disproportionately. Much violence against women, domestic and otherwise, is rooted in long-standing and pervasive social structures that gave men control over women’s bodies and lives. In the United States, where educated and aware women and men have worked for decades to promote equality and eradicate the structures that support the legacy of violence against women, we sometimes lose sight of the fact that the problem still exists in this country, and that in many countries throughout the world, it remains rampant. Read more
It almost goes without saying that the events and circumstances that lead a couple to divorce are typically not very pleasant ones. Your spouse may have cheated on you. The two of you may have endured tense disagreements over marital finances, or fights about how to raise your children.
In some situations, however, the wounds suffered during the process of marital breakdown go far beyond normal feelings of betrayal and enter the legal territory of a court claim called a marital tort. Read more
By the time a couple decides to pursue a separation or divorce, one or both of the spouses may be feeling betrayed and more than a little hurt. While these types of feelings can be normal, sometimes transgressions between spouses go far beyond hurt feelings and result in damaging actions called marital torts.
Examples of “torts” (or “wrongs” in legal terms) include assault, infliction of mental anguish, passing on a sexually transmitted diseases, and other harmful actions. In New Jersey, where marital torts are also known as “Tevis Claims,” these types of wrongdoing can be the basis of a legal claim. If proven, martial torts result in a financial settlement. A marital tort claim is typically filed at the same time a couple divorces.
While inter-spousal claims have grown in number over the past few decades, “marital tort” still isn’t a household name and many may not know that compensation from damaging actions can be sought. Others may feel embarrassed or ashamed to mention certain torts, especially STDs or domestic violence, due to perceived stigma.
What should you share with your divorce attorney? Here are five common grounds for marital tort. If you have experienced one or more of these in your marriage, it’s valuable information to share with your attorney: Read more
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