Can I Sue My Husband for Emotional Distress?
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Summary
Hours after getting married, the groom assaulted the bride, and she left. Can she receive money for emotional distress in the divorce proceedings? |
“I am a Canadian Citizen and got married in New Jersey on Tuesday November 22nd, 2005. On the same evening while coming back home he assaulted me in the car. I went to the police on Friday and reported the incidence. I am back in Canada now and want a divorce. He is saying to go for an uncontested divorce as no property, money or children are involved. He has caused me a lot of mental and physical strain. I am still suffering from the injuries on my face hands and shoulder. I do want to get out of this relationship as soon as possible but on the other hand I want him to at least pay me for whatever he made me spend and promised to pay back. I don’t want anything much just may be $2,000-$5,000.
My question is can I ask him for that money? Do I have a right to get anything at all? If I do will it make the process longer?”
Under all, if not all, divorce law in the United States, you are not entitled to anything. My goodness, you were married for only a few hours before you separated.
Under criminal law, your husband may be guilty of assault, but while that may land him in jail (although more likely if it is a first offense it would be a scolding and probation) that will not lead to money for you.
Cut your losses and be glad it happened when it did, instead of six months or a year down the road.
Recommended reading (click on the picture for details):
In a Clothing Store a Man was Peeking Underneath my Dressing Room Door as I Changed, Is the Store Responsible for my Trauma and Distress?
As the Sole Financial Support, Am I Able to Gain Full Custody of my Children When My Spouse is the Primary Care Giver?
Can Someone be Forced to Take a DNA Test?
For more on this subject check out these categories: Family Law, Divorce, Domestic Violence - DV
Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.