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Can i pursue damages for intentional infliction of emotional distress

Chicago, IL |

I informed my wife my wishing to get a divorce, an argument ensued. I was taken away from our home, and in the meantime she ripped holes in the ceiling and floor, soaked water everywhere and just trashed the house, Then she had it condemned. I am living in a hotel as of now and she has taken our child, all our marital assets she could, and is fabricating stories to different police agencies in an attempt to have me put in jail, also while i was in jail awaiting bond she opened lines of credit in my name and maxed them out, and took my vehicle. This is all very recent and I am attempting to locate competent counsel.

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Attorney answers 9

Posted

Divorces are awful, so my thoughts go out to you. Not fun for anyone involved.

WIthout some sort of physical trauma, Illinois courts generally do not allow IIED claims to exist. In your case, I don't see that cause of action.

What I do see, potentially, is an action against your wife criminally for criminal damage to property etc. This is something you should report to the authorities immediately.

The MOST IMPORTANT thing you should do right now, instead of thinking like a lawyer, is thinking like a potential client, and get yourself the best divorce and custody attorney you can find. Do not for a moment think you can avoid counsel. Do not think you can handle this yourself. Custody is involved, money is involved, wild lies and damage to things are involved--YOU NEED A DIVORCE LAWYER ASAP!

Obviously, all these things are things to talk to the divorce attorney about and there may be actions within the divorce that can be taken.

Good luck.

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

Asker

Posted

my only problem at this time is finding the right attorney, I have had problems in the past with people that advertised well and showed very little ambition or zeal in my case. I utilize avvo to determine where to go most of the time i have a legal need. what would i need in a good attorney for my situation? most attorneys talk big, but i do not necessarily want that. I guess I am asking how to find the right attorney at this point?

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

I had a similar experience in a pre-digital age myself. I can only tell you that I know several superb lawyers who handle divorces on various budget levels. Give me a call or email and I'd be happy to give you some names and numbers.

Posted

It seems to have all of the necessary elements. Consult with an experienced IL personal injury attorney. If not consult with a matrimonial attorney ASAP and try to get injunctive relief to prevent her from further damaging you.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

what elements under illinois law?

David Ian Schoen

David Ian Schoen

Posted

In general. That's why I suggested to speak to an IL attorney.

Posted

You need to discuss these facts with a local personal injury attorney who handles IIED cases to determine the viability of your case. You also appear to have some facts regarding the credit cards that could warrant a police report as well. Use the Avvo Find a Lawyer feature to locate a few attorneys in your area and discuss the case with several before choosing the one you feel suits you best.

Miguel A. Amador, P.A. - (305) 423-7154 - Amador@amadorlawfirm.net. Miguel A. Amador is licensed to practice law in Florida and the District of Columbia only. The information provided is for general informational purposes only and is not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney

Posted

Normally the law does not favor that type of claim, but I will put it to you this way, you have a story to tell.
You need a divorce lawyer. As you have been advised, there are many, many good ones. The Find a Lawyer tab works well. Read client reviews.

Answering this question does not set up a attorney-client relationship between us. My comments do not constitute legal advice. If you would like to pursue representation, please contact me.

Posted

I agree with my colleagues - you need local divorce counsel and personal injury counsel.

The content of the this submission is intended to provide general information on the topic presented, and is offered with the understanding that the author is not rendering any legal or professional services or advice. This submission is not a substitute for legal advice. Should you require such services, retain competent legal counsel.

Posted

Take a deep breath. Liability for Intentional torts CANNOT be insured like liability for negligent torts. Unless your wife is loaded or has a great job, why would you spend good money to get an uncollectible judgment?

You need a divorce attorney but forget the IIED claim.

If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.

Posted

I agree with Stephen. Sorry you are going through tough times. By definition, every divorce would include elements of emotional distress, and most are intentional. Here is the problem..... even if you had a case, since it is an intentional act, it is not covered by insurance. Assuming you had a case, and got a verdict, and kept it through the appellate process, you would have a difficult time collecting on it. Plus..... you would be collecting on your own assets... or what used to be your assets.

Posted

Relax and retain one of the above distinguished lawyers to investigate

Licensed & have offices in PA & NJ ONLY. (Philadelphia, PA & Marlton, NJ)

Posted

I see that a lot of attorneys responded, but not many family law attorneys in Chicago. I highly suggest you research and hire a family law attorney. The IIED claim is shaky but there are legal remedies for your legal issues. Contact someone ASAP.

Communication with an attorney does not by itself create an attorney/client relationship or constitute provision or receipt of legal advice. Any communication with an attorney should be considered informational use only, and should not be relied upon or acted upon until a formal attorney/client relationship is established via a written agreement.

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

Couldn't agree more, Andrea.

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