Divorce is no excuse to accept emotionally abusive behavior from your spouse. If are in on this type of situation, you need to know your rights and legal options. In some cases, the behavior by your spouse could impact your divorce proceedings and you might even have a right to pursue a personal injury lawsuit.
By convincing the abused spouse that he or she “failed” at marriage, the abusive spouse may believe he or she can coerce the abused spouse into accepting a less favorable settlement. In some cases, continuing emotional abuse during a divorce is nothing more than a form of punishment.
Under California law, the technical name for a lawsuit for emotional abuse is “Intentional Infliction of Emotional Distress” (IIED). Filing an IIED lawsuit means you and your attorney will need to prove: The defendant (person you sue) used outrageous conduct.
The Law and Fault In states that still allow for both "fault" and "no-fault" divorces, emotional abuse will usually constitute a reason for divorce. Although state statutes may refer to it as "intolerable cruelty," it generally describes infliction of physical or emotional pain.
Financial abuse involves controlling a victim's ability to acquire, use, and maintain financial resources. Those who are victimized financially may be prevented from working. They also may have their own money restricted or stolen by the abuser. And rarely do they have complete access to money and other resources.
Research suggests that 25-40 percent of women initiating divorce do so be cause of domestic abuse. What is domestic abuse? by their husbands or boyfriends.
Yes, you can sue for emotional abuse. Attorneys across the United States recognize emotional abuse as a cause of action, allowing families of those victims of emotional abuse in nursing homes to sue in response to their loved ones' mistreatment.
If the emotional abuse is due to conduct directed at a minor child, you could be charged with child endangerment under Penal Code Section PC 273a. This law makes it illegal to inflict unjustifiable mental suffering on a minor. In addition, emotional abuse can be a crime if is directed at certain types of people.
Emotional distress is a type of mental suffering or anguish induced by an incident of either negligence or through intent. The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit.
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Adultery, Abuse, Abandonment are Biblical Grounds for Divorce.
It is dangerous to leave. On average a person tries to leave an emotionally abusive relationship 7 times before they finally leave. Perpetrators of emotional and psychological abuse often use intimidation or threats of physical harm to control. There is a huge rise in the likelihood of violence after separation.