My divorce has been going on for 4 1/2 yrs now. My ex produces copies of copies of paperwork, uses scare and delay tactics constantly. Can I sue for mental and emotional anguish before the divorce is finalized? Thankyou. I live in California.
No, you cannot sue for mental and emotional anguish for that behavior within the context of a divorce. Nor will you prevail in a civil suit based on the facts that you provided.
I suggest that you discuss with your attorney what remedies he suggests: attorneys' fees, sanctions, etc., are all available under the Family Code. If you don't have an attorney, you should consider trying to get one who will work to move your case forward.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
You are talking about a civil suit against him. You must be able to prove actual damages and not just headaches to win that kind of a law suit.
It is the Court's responsibility to preside over your divorce. You can ask the Court for an award of attorneys' fees in your divorce case for any frivolous filings and delay tactics.
A separate civil suit will likely not prevail. Your ex has an absolute right to make statements in Court and to brief his legal positions. See Civil Code section 47.