What is a Tortious Act in Divorce?

What is a Tortious Act in a Texas Divorce?

What is a Tortious Act in a Texas Divorce?

By Frank Vendt |

Divorce is a difficult process, both emotionally and legally. It can be very costly, and it can take a long time to recover from. For most people divorce is usually the last resort when they’re convinced that there is nothing left in their marriage that is worth saving.

Going through a divorce is one of the most difficult things a person can go through. The effects of divorce can be long-lasting and can have a lasting impact on every aspect of a person’s life.

Divorces Affect Lives

The most obvious effect of divorce is the physical separation of the spouses. This can be a difficult adjustment, especially if the couple has children. The emotional effects of divorce can be just as devastating. The feeling of betrayal, loss, and abandonment can be overwhelming.

The financial effects of divorce can be devastating. The couple will have to divide their assets and debts. This can be a complicated and time-consuming process. If one spouse was dependent on the other for financial support, they may find themselves in a difficult financial situation.

Divorce can also have a negative impact on children. They may feel like they are caught in the middle of their parents’ conflict. They may also blame themselves for the divorce. This can lead to feelings of insecurity, anxiety, and depression.

It is important to remember that everyone handles divorce differently. Some people are able to move on quickly and effectively while others may struggle for years. If you are going through a divorce, it is important to seek out support from family and friends. There are also many resources available to help you through this difficult time.

As emotionally and financially draining as divorce is, people who have been abused or wronged in any way by their spouses have the law by their side. They may be able to bring a marital tort claim against the opposite party in their divorce. In this article, we aim at simplifying divorce for people when tortious acts are involved.

Divorce is Not the End

Divorce is the beginning of a new chapter in your life. It is a time to start over. It is a time to heal. It is a time to grow. If that growth will come by seeking justice for the wrongs done, then it is your attorney you should count on. This brings us back to the question, “what is a tortious act in a divorce?”

Marital Tort

When one spouse commits a wrong against the other, it’s called a ‘marital tort.’ Although the term ‘tort’ usually conjures up images of car accidents and slip-and-falls, it simply means a civil wrong. So a marital tort is a civil wrong that one spouse commits against the other. These torts can include physical or emotional injuries, and can result in damages being awarded to the injured spouse. While some marital torts may occur suddenly, such as when one spouse assaults the other, others may build up over time.

For example, if one spouse repeatedly makes demeaning comments to the other, causing emotional distress, this could be considered a type of marital tort. Or, if one spouse neglects the other, leading to physical or emotional injuries, this could also be considered a marital tort. While some marital torts may be obvious, others may be more subtle. In the United States, these torts can give rise to a personal injury or wrongful death claim and can have a significant impact on the distribution of marital assets in a divorce.

While the vast majority of marital torts are committed by husbands against wives, there are a number of cases in which the wife is the aggressor. In some cases, the tort is committed in the heat of an argument and is not premeditated. In other cases, the tort may be the result of years of emotional and physical abuse.

If you have been the victim of a marital tort, it is important to seek legal help as soon as possible. An experienced Sugar Land divorce attorney can help you understand your rights and options and can assist you in filing a personal injury claim or a wrongful death claim. If you are divorcing, your attorney can also help you negotiate a fair distribution of marital assets.

Tortious Acts in a Marriage are of Different Types

There are three main types of marital torts: intentional torts, negligent torts, and emotional torts.

Intentional torts are, well, intentional. That is, the person committing the tort knows that what they’re doing is wrong and harmful. The most common type of marital tort is physical abuse. This can include anything from slapping and pushing to more serious forms of assault and battery. In some cases, the physical abuse may not result in any visible injuries, but can still cause emotional distress.

Sexual abuse is another common type of marital tort. This can include forced sex i.e. marital rape, or any other form of sexual assault. Even if the sexual abuse does not result in physical injuries, it can still have a significant impact on the victim’s emotional well-being.

Negligent torts are a bit different. In a negligent tort, the person committing the tort didn’t intend to harm their spouse, but they were careless and their actions resulted in harm. An example of a negligent tort would be if a husband was driving carelessly and got into an accident that left his wife injured.

Emotional torts are a bit more difficult to define. They usually involve one spouse causing emotional distress to the other. An example might be if a husband repeatedly cheated on his wife. This can also include verbal abuse, threats of violence, and other forms of psychological manipulation. Emotional abuse can be just as damaging as physical or sexual abuse, and can often lead to anxiety, depression, and post-traumatic stress disorder.

If you’ve been the victim of a marital tort, you may be wondering what your legal options are. The first step is to speak with an experienced family law attorney. The Vendt Law Firm, P.L.L.C. can help you understand the specific laws in your state and whether you have a valid claim.

Tortious Act Claims in Divorces are Immune to Interspousal Immunity

Interspousal immunity is a legal concept that used to protect spouses from being sued by each other. However, this concept is no longer the rule in many jurisdictions. There are a few reasons why interspousal immunity is no longer the rule:

  1. First, it was based on the idea that spouses were one legal entity, and therefore, could not sue each other. However, spouses are now seen as separate legal entities, capable of committing torts against each other.
  2. Second, interspousal immunity was often used to protect abusive spouses from being sued by their victims. However, this is no longer considered a valid reason for immunity, as victims should not be denied their day in court.
  3. Third, interspousal immunity often resulted in unfair outcomes, as one spouse could be held responsible for the actions of the other. For example, if one spouse committed fraud, the other spouse could be held liable, even if they had no knowledge of the fraud.
  4. Fourth, interspousal immunity can conflict with other legal concepts, such as public policy. For example, if one spouse is sued for something that is illegal, such as fraud. The other spouse may be forced to testify against them, even if they do not want to.
  5. Finally, interspousal immunity is no longer necessary in many jurisdictions because there are other ways to protect spouses from being sued by each other. For example, many jurisdictions have laws that allow spouses to waive their right to sue each other.

Filing a Claim for Marital Tort

If you’ve been the victim of your spouse’s wrongful conduct, you may be able to file an interspousal tort claim. This type of claim is similar to a personal injury claim, but is filed against your spouse instead of another party.

To file a marital tort claim, you’ll need to show that your spouse’s conduct was intentional and caused you harm. You’ll also need to show that you suffered damages as a result of the conduct, such as medical bills, lost wages, or pain and suffering.

If you believe you have a valid marital tort claim, you should contact an experienced attorney who can help you navigate the legal process.

Effect of the Limitation Statute

When it comes to filing a marital tort claim, the statute of limitations can have a significant impact. In most cases, the statute of limitations for filing a marital tort claim is two years from the date of the injury. However, there are some exceptions to this rule. If the injury was not discovered until after the two-year period, the statute of limitations may be extended. Additionally, if the injury was caused by fraud or intentional misrepresentation, the statute of limitations may be extended to five years. However, it is advised that when considering a divorce or a claim in tort, one must consult a divorce lawyer.

Could Your Marital Tort Claim Affect the Divorce Outcome?

Torts claims can have a significant impact on the outcome of a divorce.

Recovery of Damages and Personal Liabilities

If one spouse has a valid tort claim against the other, it may be possible to recover damages that would otherwise be divided between the parties in the divorce. This can be a particularly important issue in high-asset divorces, where the division of property may be a major source of contention. In cases where one spouse has committed fraud or another type of wrongdoing, the victimized spouse may be able to recover damages. These damages would otherwise be awarded to the perpetrator.

Property Division

When a married couple gets divorced, one of the biggest decisions that must be made is how to divide up their property. While some couples are able to come to an agreement on their own, others may need to go through the process of mediation or arbitration. In some cases, the court may even need to get involved.

One of the biggest factors that can impact the division of property in a divorce is whether or not there are any marital tort claims involved. If one spouse has a valid marital tort claim against the other, it can have a big impact on how the property is divided. In some cases, the court may order that the spouse who was the victim of the tort should receive a larger share of the property. This is because the court may feel that the other spouse should not benefit from the property if they have caused the victim to suffer.

However, it is important to note that not all marital tort claims will result in a different division of property. The court will consider the specific facts of each case and make a decision based on what it feels is fair. In some cases, the court may even decide that the marital tort claim should have no impact on the property division.

Your divorce attorney can help you understand how the claims may impact the division of property and what you can do to protect your rights.

Custody Rights

Torts can also affect the distribution of child custody and visitation. If one parent has a history of violence or abuse, the other parent may be able to use this information to obtain a more favorable custody arrangement. In some cases, torts claims may also be used to establish grounds for divorce. For instance, if one spouse has committed adultery, the other spouse may be able to use this as a basis for divorce.

Torts claims can be complex and difficult to prove. If you are considering using a tort claim to impact the outcome of your divorce, it is important to consult with an experienced family law attorney. An attorney can help you understand the applicable law and evaluate the strength of your claim. Our team of talented divorce and family law attorneys is ever ready to help clients who are in a bind. If you have reason to believe you might have a marital tort claim against your spouse, we’ll be of assistance. Schedule a consultation so we can hear what you have to say.