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Can a person sue for mental and emotional injury?

San Diego, CA |
Attorney answers 3


You put this query under "child abuse," but your query seems to be about marrriage, and what you may be asking is if you can terminate this bas marriage on the grounds of mental abuse. CA is a "no fault" divorce state, and all you have to allege is "irreconcilable differences.

See a family lawyer ASAP about a divorce proceeding. You may also want to consider a civil restraining order if the abuse is also physical. A divorce court has the authority to order your spouse to pay both his legal fees and your own, if he's the main earner.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.


I believe that you can sue for civil damages against a person who has injured you, even if they are a spouse. Th eproblem is that it will be hard to collect damages as the injuries will not be covered by insurance. Therefore you will have to hire an attorney to pursue him and that is expensive.

good luck.


Yes, but you must have evidence. I am assuming you would want someone to take this case on contingency basis. Before an attorney accepts your case, he or she will need to know what supporting evidence exists (other than verbal allegations) to prove your case in court. Was the perpetrator arrested for any reported abuse? Does he have a history of domestic violence? Any convictions? Did you see any mental health professionals? How long? Are you on any medications? etc.

Next the question rests on whether the person you are suing has money to pay or not(judgment proof).