Creating A Great Impression In Court

If you have ever had to attend court in order to prove your innocence, you know how much your appearance and attitude can impact the proceedings. Unfortunately, all too many people misinterpret how they should dress and what they should do in court, which is why I decided to make this blog. This website is all about creating a great impression in court and understanding how to present yourself to the judge and jury. After all, you might be trying to defend your innocence to avoid potential jail time. Check out this blog for great tips that could help you to protect your freedom.

What's A Marital Tort (And Should You Consider One)?

Law Blog

Some people divorce because they simply fall out of love or don't get along. Some people divorce because their spouses have done some really terrible things to them. If you've been victimized in some way by your soon-to-be-ex, you may have the ability to file a marital tort and recover damages that go beyond what you will receive as your fair share of the assets in a divorce. This is what you should know.

What is the history of marital torts?

At one time in U.S. history, one spouse couldn't sue the other. The logic behind the "interspousal immunity" laws was that a married couple was essentially one entity, which couldn't sue itself. The logic and laws have changed, however, with the times. 

Now, the law has evolved to recognize that a marriage certificate shouldn't be a free pass on the sort of behavior that would ordinarily get you sued.

What types of marital torts are there?

Laws regarding marital torts vary widely from state to state, but they include a variety of offenses:

  • Marital rape. Rape within marriage does occur, and it's been illegal in all 50 states in the U.S. since 1993. Unlike other forms of rape, however, some state laws include language that only defines sex within marriage as rape if a threat of force was used. 
  • Invasion of privacy. Spouses have been known to spy on each other through all sorts of methods: breaking into social media accounts and email accounts, recording phone calls, using hidden microphones, and the use of electronic tracking software. In many cases, that may be illegal.
  • Transmission of a sexually transmitted disease (STD). Did your marriage end because your spouse cheated and you found out when you contracted an STD as a result? If so, he or she may be liable for your long-term injury and suffering.

It's also possible to sue for things like the intentional infliction of emotional distress, harassment, fraud, and assault, depending on what occurred within the marriage and what evidence you're able to produce. In some cases, it may be possible or necessary to press criminal charges, such as in instances of marital rape or assault.

Why bother to sue if you're just divorcing anyhow?

Holding your spouse accountable for his or her actions is one good reason to press a marital tort. However, there's a very practical reason that you may want to consider it as well: financial compensation. 

The courts consider the divorce claim (and any division of property and assets) to be distinct from the civil claim involved in the marital tort. How much can be won depends upon the specifics of your case.

For example, in an Indiana case, the wife was awarded $200,000 in combined punitive and compensatory damages after her husband published sexually explicit photos of her. In Louisiana, a woman was awarded $125,000 after her spouse gave her an STD. These awards were on top of anything they received in the divorce.

Discuss your situation carefully with your attorney. If your spouse's behavior was really reprehensible or illegal, you may have good cause to bring a marital tort action along with your divorce.

For professional legal help, contact a law office such as Rosenmeier Law Office.

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6 August 2015