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Can I Sue My Spouse
Can I Sue My
Spouse?
Hennepin County Man Sues Wife - Discovers He is Not the Father of Their
Children
By Maury D. Beaulier, Esq.
The Minnesota Court of Appeals recently ruled that a man could sue his wife
after their divorce for fraud and infliction of emotional distress, when he
discovered that two children born during their marriage were not his. The
appellate court stated that even though the man may have brought his claims as a
part of the divorce, he was NOT prevented from later raising the claims if the
divorce settlement does not include a broad release including interspousal
torts.
In his case which is entitled G.A.W., III vs. D.M.W.,husband is
pursuing reimbursement for out-of-pocket expenses and emotional distress caused
by the wife's claims that the children born during the marriage were his
biological children.
Most tort claims between spouses involve domestic assault (including threats)
and other violence in the household which results in a physical injury or even
emotional distress. In order for a claim of emotional distress to be effective,
there must usually be medical documentation of the distress either manifesting
itself physically or psychologically (eg. ulcers, panic attacks, depression).
Additionally, successful lawsuits have also been brought when one spouse infects
the other with a sexually transmitted disease that he or she should have know
they carried.
Though these tort claims may be brought as part of the divorce process, there is
no requirement for that to occur. If a spouse has a potential tort claim, it may
be preserved only if a divorce settlement does not
include a general release of all claims between the parties. There
are several issues that help parties determine whether or not to bring their
tort claim as a part of the divorce proceeding rather than as a separate claim.
- A divorce proceeding is heard by a Judge, whereas, a civil proceeding is
tried to a jury. Oftentimes juries are more sympathetic to claims of assault
than are Judges;
- Tort claims may complicate and prolong the divorce proceedings which
oftentimes involve children;
- Certain awards for injuries suffered during the marriage may be
discharged in bankruptcy if the issues are litigated outside of the divorce
process. If the claims are brought as a part of the divorce action, the
injured spouse may receive a larger share of the marital property or spousal
maintenance rather than a personal injury award. Property settlements and
spousal maintenance awards are not likely to be discharged in bankruptcy
proceedings;
- There may be statute of limitation problems if the claim is brought
outside of the divorce proceeding. Divorce proceedings may be time consuming
affairs. The applicable statute of limitation for torts is two years from
the date of the incident or the discovery of the incident. This statutory
period may be extended to four years if the claim involves relief under the
Violence Against Women Act which is a federal civil rights claim.
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