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Can I sue in Civil court?

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exisSociopath

Junior Member
What is the name of your state (only U.S. law)? California
I have been in divorce proceedings for 4 years. My ex-spouse has remarried (attorney said I had no down side to bifurcation, yeah right) and now has new husband to support her. She has frozen all my assets; 401k joinder, and not paid me for the stipulated buy-out of our primary residence. She has not complied with stipulations or court motions to settle the community assets. I have been on disability for 2 years for major depression. I am living on fixed income and she has done everything in her power to keep divorce assets from me. Can I sue her in Civil court for Intentional Infliction of Emotional Distress?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? California
I have been in divorce proceedings for 4 years. My ex-spouse has remarried (attorney said I had no down side to bifurcation, yeah right) and now has new husband to support her. She has frozen all my assets; 401k joinder, and not paid me for the stipulated buy-out of our primary residence. She has not complied with stipulations or court motions to settle the community assets. I have been on disability for 2 years for major depression. I am living on fixed income and she has done everything in her power to keep divorce assets from me. Can I sue her in Civil court for Intentional Infliction of Emotional Distress?
What have you been doing to counter her actions?
 

exisSociopath

Junior Member
I have complied with all discovery requests, stipulations, etc. My attorney said we will begin drastic measures next week... whatever that means. How can one get a final judgment when the other party refused to cooperate?
 

mistoffolees

Senior Member
Intentional infliction of emotional distress is pretty tough to prove at the best of times. In the divorce process, it would be even harder - the divorce process is ALWAYS hard.

I would focus on fixing the financial issues and getting all the issues related to the divorce decree settled - which means going back to whichever judge is handling the divorce.
 

Ohiogal

Queen Bee
Intentional infliction of emotional distress is pretty tough to prove at the best of times. In the divorce process, it would be even harder - the divorce process is ALWAYS hard.

I would focus on fixing the financial issues and getting all the issues related to the divorce decree settled - which means going back to whichever judge is handling the divorce.
he does NOT have a case for Intentional Infliction of Emotional Distress. NOT. At. All.
 

exisSociopath

Junior Member
So, you are saying that there is absolutely no Civil tort that protects a party in a divorce from a vindictive ex-spouse? I had a major heart attack 2 months prior to her filing for divorce (diagnosed CHF). I have also been seeing a psychiatrist for six years. Kidney transplant 1993. She knows I have all these physical problems and I am sure she is hoping I will die prior to a final settlement so she gets everything... that's why she is dragging this out. There is no legal remedy to protect me? Family Law most definitely has let me down from my attorneys, judges: the whole system!
 

Proserpina

Senior Member
So, you are saying that there is absolutely no Civil tort that protects a party in a divorce from a vindictive ex-spouse? I had a major heart attack 2 months prior to her filing for divorce (diagnosed CHF). I have also been seeing a psychiatrist for six years. Kidney transplant 1993. She knows I have all these physical problems and I am sure she is hoping I will die prior to a final settlement so she gets everything... that's why she is dragging this out. There is no legal remedy to protect me? Family Law most definitely has let me down from my attorneys, judges: the whole system!
Ex-spouses are often vindictive - there's no law against it, and there is no way she will be held responsible for your medical issues.

You have an attorney - you need to be talking to him/her.
 

CourtClerk

Senior Member
Why wouldn't his attorney have told him this? :confused:
Because I'm sure this is something the OP thought up all on his own... that or he did mention it and the attorney shot him down as well. No attorney in their right mind would entertain such a notion...

besides, they would need a civil attorney, not a family law attorney (not that one can't play the other).

And no, your exwife can't be responsible for your medical issues. They probably predate the divorce.
 

mistoffolees

Senior Member
So, you are saying that there is absolutely no Civil tort that protects a party in a divorce from a vindictive ex-spouse? I had a major heart attack 2 months prior to her filing for divorce (diagnosed CHF). I have also been seeing a psychiatrist for six years. Kidney transplant 1993. She knows I have all these physical problems and I am sure she is hoping I will die prior to a final settlement so she gets everything... that's why she is dragging this out. There is no legal remedy to protect me? Family Law most definitely has let me down from my attorneys, judges: the whole system!
There's no law against her hoping you will die. Sorry, but that's the way it is.

Nothing you've described is any indication of intentional infliction of emotional distress. Just drop it and get on with getting the other issues resolved.
 

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