Can I sue my ex-husband for pain and suffering during marriage? If yes , do I sue him before I sign the divorce papers or after?

Asked about 3 years ago - New York, NY

Can I sue my ex-husband for pain and suffering during marriage? If yes , do I sue him before I sign the divorce papers or after? What kind of proof do I need?

Attorney answers (1)

  1. Philip Adam Kusnetz

    Pro

    Contributor Level 14

    Answered . "Pain and suffering" is a personal injury (or tort) cause of action (theory). You would need to prove damages and causation to be successful in such a claim. Emotional damages would require an expert, such as a psychologist, etc. If an assault was committed, you would need corresponding documentation, such as a police report and medical records. You should consult with a personal injury attorney on this issue. It is unclear whether you have an attorney representing you in your matrimonial (divorce) action. If so, you should also speak with your divorce attorney on this issue. Typically, all claims between the parties (spouses) are fully resolved and settled upon the signing of the divorce agreement. I am only providing you with the most basic and general advice based upon the limited information that you have provided in your question. I do of course recommend that you speak with your matrimonial attorney (if applicable) and a personal injury attorney for further information on your particular case.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,186 answers this week

2,894 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,186 answers this week

2,894 attorneys answering