Can I Sue My Husband for Emotional Distress?

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“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.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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

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Author: Anne P. Mitchell, Esq.

Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. She is the author of "Surviving Divorce: the Single Father's Guide" and "The Email Deliverability Handbook"

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