Emotional Disorders

[lqwhelan]

What is the name of your state (only U.S. law)? Virginia

Good Afternoon. I am going to be filing for divorce from my spouse and he has severe Anxiety and Depression Disorders. I was wondering if because I am divorcing him, he can sue me later for Emotion Distress and if so, is there anyway to protect myself?

Thanks.

 

[commentator]

Anyone can sue anyone for anything anytime. However, this hardly makes sense. If it is legal for you to sue for and be granted a divorce, though doing so may cause your soon to be ex spouse unhappiness and anxiety, I hardly think they would prevail in any court where they tried to claim damages for this. Does he/she have a habit of suing everyone who causes them emotional distress?

 

[single317dad]

People have traditionally brought what is called a "heart balm" tort, either against their spouse, or more often against a lover who caused damage to the marriage. Virginia no longer recognizes those cases, and it would probably be dismissed quickly.

ETA: Just don't move to North Carolina anytime soon.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Virginia

Good Afternoon. I am going to be filing for divorce from my spouse and he has severe Anxiety and Depression Disorders. I was wondering if because I am divorcing him, he can sue me later for Emotion Distress and if so, is there anyway to protect myself?

Thanks.

The divorce lawsuit is supposed to resolve any and all possible claims against the spouse. So while he could sue, he would be frivolously filing and would not win.