Can I Sue My Ex for Their Actions During Our Marriage?
Divorce is likely to be one of the greatest challenges you face in life, and almost every divorce involves some measure of contention or unease between the divorcing spouses. While some couples can divorce amicably, others cannot. The emotional stress of their divorces and the underlying causes of their marriages’ breakdowns can make negotiation very difficult. It’s also possible that one spouse endured prolonged abuse during their marriage, and it’s natural to wonder if one in this situation has any legal recourse.
In a hotly contested divorce, both spouses are likely to wonder whether they have grounds for direct legal action against one another. However, if you suffered measurable losses due to your spouse’s actions during your marriage, or if the underlying cause for your marriage’s failure is their unethical, illegal, or outright abusive actions, you may have more options for addressing these details than you initially realize.
At Bickford Blado & Botros, we offer experienced and compassionate legal counsel for California divorces. We have helped many clients navigate difficult cases, including those pertaining to domestic violence, child abuse, and many other distressing issues in California households. In addition, we can help you navigate family court proceedings that involve an abusive partner and help you address cases that fall into several areas of law.
Domestic Violence and Divorce
Unfortunately, thousands of people experience all forms of domestic violence in California yearly. Some of these victims suffer single incidents of harm, while others endure prolonged campaigns of abuse from their spouses. Whenever domestic violence comes into play in a divorce case, the spouses involved may face additional legal proceedings outside the family court. The victim may have grounds to file a personal injury claim against the spouse who harmed them, and the defendant is also likely to face criminal charges for their actions.
Anyone who experiences any form of domestic violence needs to secure help as soon as possible. The police can remove the abuser from the situation and help the victim obtain a temporary restraining order from a local family court judge. This will set a hearing date, and the judge must determine whether to rescind the restraining order or transform it into a permanent protective order. If you have suffered domestic violence in your marriage, an experienced attorney can help you determine whether you have grounds for a civil action against your spouse after finalizing your divorce proceedings.
Consequences of Child Abuse in California
California prosecutors take crimes against children very seriously and seek convictions aggressively in these cases. If your spouse has committed any form of child abuse, either to your child or someone else’s, it is vital to immediately bring this to the attention of the court. Anyone found guilty of child abuse of any kind will be unlikely to qualify for any measure of child custody rights in the future. They are also likely to face fines, incarceration, and various other penalties that will affect their life in various ways.
If you have any concerns about your spouse’s fitness as a parent or if you have evidence they are a clear danger to your children, it’s vital to discuss this with your attorney. A good lawyer can help you formulate a solid case against your spouse’s claim to child custody rights. In addition, if they have committed any child abuse of any kind, they will ensure the court gives this fact the appropriate attention.
Personal Injury Claims Against Former Spouses
A personal injury claim seeks compensation for damages that one party caused another party through negligence or intentional misconduct. For example, if your ex physically injured you during your marriage, you may have resolved any outstanding financial issues that may have lingered from these experiences. However, this does not mean your ex has met their liability for your damages. An experienced attorney can advise you as to whether you may have grounds for a personal injury claim against your former spouse.
The outcome of your divorce should have reflected the scope and severity of the negative experiences you endured while married. However, California law is restrictive in many ways regarding divorce. For example, the state’s community property law is likely to seem unfair if you are compelled to split your marital property with an ex who abused you.
After you finalize your divorce, a good attorney is the best resource to consult if you think you have grounds for legal action against your ex. California’s personal injury laws enable you to seek compensation for economic damages and your pain and suffering. While your divorce may have settled some of these financial concerns, further legal action may be required to fully hold your ex responsible for their actions.
What Can an Attorney Do for Me?
It’s natural for a divorce to bring very strong emotions to the surface of all interactions between the divorcing spouses. Even when the divorcing couple is relatively civil and agreeable, they may still reach difficult impasses in their negotiations. When a divorce involves domestic violence or criminal activity, these cases are especially challenging and demand experienced legal representation.
The right attorney will be invaluable as you navigate a complex divorce case. In addition, should you need to pursue further legal action against an ex-spouse, their legal counsel will help you approach the situation with confidence and peace of mind. California enforces robust laws designed to protect victims of domestic violence. Still, many people face unexpected challenges regarding cases in which family law, civil law, and the criminal justice system overlap.
Bickford Blado & Botros is a team of experienced California family law attorneys who have successfully assisted many clients in difficult divorce cases. We know the emotional weight these cases carry, especially when one spouse has been directly and intentionally harmful to the other. If you are ready to approach the family court system with the legal counsel you can trust and explore the full breadth of your legal options in a complex divorce, we can help. Contact us today to schedule your case review with our firm.
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