If I am in middle of a divorce can I sue my husband in a separate civil court for damages for me and the children due to abuse?

Asked 8 months ago - Brooklyn, NY

The children and I were abused for 17 years. I don't like my divorce judge, he is favoring my husband. I would like to sue my husband in civil court with a different judge. Can I bring a civil suit against my husband while we are in middle of our divorce/custody suit? On the advice of my lawyer and did not bring grounds of domestic abuse in the divorce because my husband was not contesting the divorce but I do bring up the spousal abuse as grounds for custody.

Attorney answers (3)

  1. Deborah G. Fiss

    Contributor Level 14
    Best Answer
    chosen by asker

    Answered . No.

  2. Steven Zalewski

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . you can not bring up those cause of action in a separate action in front of a different judge. the domestic relations law and the family court act govern you divorce and all that goes with it that happened during the marriage before the papers were filed. you should really be discussing this with your current attorney

    Call for a free consultation any time 718-263-6800. We are here to help
  3. Paula Brown Sinclair

    Contributor Level 20

    1

    Lawyer agrees

    Answered . No, there is no such cause of action. Mr. Zalewski is correct that you should be discussing this in detail with your divorce attorney, especially about how the history impacts on custody orders to be entered.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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