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Articles Tagged with discovery

Can I Sue My Ex for Their Actions During Our Marriage?

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.

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Full, honest, and complete disclosure is a critical part of divorce in California. Family Code section 2100 explicitly calls for “full and accurate disclosure of all assets and liabilities” because doing so furthers the sound public policy of “the reduction of the adversarial nature of marital dissolution and the attendant costs…”

Divorcees often ask about the legal consequences of concealing assets in a divorce case. Under California law, doing so is an express breach of fiduciary duty and the penalties can be severe. There is no better example of this than the result in the Marriage of Rossi case, where Wife tried to hide over a million dollars in lottery winnings she received before separation.

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