Can I Sue My Husband for Emotional Distress?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“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):
Smart Women/Foolish Choices : Finding the Right Men Avoiding the Wrong Ones