In general, yes you can sue. Whether you will be successful or the judge will toss your case out of court is a different question altogether. You may also be required to pay for your ex’s lawyer for filing a frivolous lawsuit.
Full Answer
What if my ex-spouse won’t accept the settlement?
If you and your estranged spouse have agreed to a settlement but the divorce has not yet been finalized, you should first consult with your family law attorney. It may require renegotiating the terms of the agreement before the divorce becomes final.
Can I sue the opposing party after my divorce case?
You’re free to sue the opposing party for something that has happened after the divorce case, but you cannot go back and sue for something that happened during or beforehand. This is now standard practice for divorce attorneys.
Can I sue my ex wife for slander?
You can sue your ex-wife, ex-husband, or anybody who defamed you. Your ex must have made slanderous statements against you, incurring sufferable damages: If they claim that you were physically abusive, for instance, and you can prove that you were not, there may be grounds for a case.
Can I Sue my Ex for filing a frivolous lawsuit?
In general, yes you can sue. Whether you will be successful or the judge will toss your case out of court is a different question altogether. You may also be required to pay for your ex’s lawyer for filing a frivolous lawsuit. So, you need to be careful before you run to the courthouse with a suit in mind.
Can I sue my ex wife for emotional distress?
Yes, but only in rare situations in which your ex's behavior was really bad and the distress you suffer is severe. In some states you must have physical symptoms to move a case forward. You do not need to have suffered physical abuse, but a standard breakup is not enough.
Can I sue my ex wife after divorce?
In general, yes you can sue. Whether you will be successful or the judge will toss your case out of court is a different question altogether. You may also be required to pay for your ex's lawyer for filing a frivolous lawsuit.
Can I sue my ex for emotional damage?
Intentional Infliction of Emotional Distress. In California, victims who suffer emotional distress because of another person's conduct can file a lawsuit for the intentional infliction of emotional distress. There is no requirement that a victim suffers a physical injury.
Can I sue the person who ruined my marriage?
The law allows individuals to sue others for ruining their marriages. While most states got rid of it years ago, it's still on the books in Hawaii, Mississippi, New Mexico, North Carolina, South Dakota and Utah.
Can I sue my ex for PTSD?
Suing for PTSD as the basis for an emotional distress claim will utilize the personal injury legal theory. In such cases, the plaintiff must prove to the court that their extreme feelings, such as those mentioned above, have caused long-lasting or permanent negative effects.
Can I sue my ex wife for defamation of character?
You can sue your ex-wife, ex-husband, or anybody who defamed you. Your ex must have made slanderous statements against you, incurring sufferable damages: If they claim that you were physically abusive, for instance, and you can prove that you were not, there may be grounds for a case.
Can you sue for narcissistic abuse?
Yes, you can sue for emotional abuse. Attorneys across the United States recognize emotional abuse as a cause of action, allowing families of those victims of emotional abuse in nursing homes to sue in response to their loved ones' mistreatment.
What emotional things can you sue for?
In California, you can sue for emotional distress, even in situations where individuals were not physically harmed. Victims are able to sue on one of two grounds: Negligent Infliction of Emotional Distress, or Intentional Infliction of Emotional Distress.
What counts as emotional distress?
Mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition. Emotional distress can usually be discerned from its symptoms (ex. Anxiety, depression, loss of ability to perform tasks, or physical illness).
Can I sue the woman who cheated with my husband?
While there typically are no grounds to sue someone for cheating with your husband in California, you can often sue if the situation is outrageous or violent and causes you harm.
Can I sue my wife for cheating on me?
The only tortious action a person can file now against the person their spouse cheated on them with is a claim for intentional infliction of emotional distress. Filing these actions during a divorce, or afterwards, is difficult.
Can you sue someone for emotional distress?
The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.
Can I sue my ex for cheating?
You cannot sue your ex-boyfriend for cheating, lying, and breaking a promise to marry you. Those sort of lawsuits did exist at one time, but those days have long since passed. In fact, the engagement ring became a thing when Courts...
Can you get alimony after divorce is final in California?
Spousal support may be litigated during a divorce, legal separation or even a nullity case, at the conclusion of the divorce or legal separation, or anytime after the conclusion of a divorce or legal separation case so long as the court has retained the power to order spousal support.
What happens if my spouse doesn't follow the settlement agreement?
What happens when a spouse is not following the marital settlement agreement depends on what the conduct is and when it happens. If you and your estranged spouse have agreed to a settlement but the divorce has not yet been finalized, you should first consult with your family law attorney. It may require renegotiating the terms of the agreement before the divorce becomes final.
What to do when your ex-spouse violates your agreement?
All the while, you need to raise your concerns with your ex-spouse to let them know that they are violating the agreement. Perhaps they did not realize that there was a problem with what they did, or they may be trying to see what they can get away with in terms of behavior.
What Happens If My Ex Is Found to Be in Contempt of Court?
If your ex-spouse is found to be in contempt of court, what happens next depends on the part of the agreement they are breaking. If, for example, your ex-spouse has defied orders for support payments, the court may have their wages garnished or put a lien on their property. If they fail to allow you parenting time, you may be granted additional parenting time to make up for it or the divorce agreement may be modified to ensure compliance. In certain cases, the other parent can lose their rights entirely or may face criminal charges.
How to get someone in contempt of court?
Before you go into court on a contempt charge, talk to your divorce lawyer to get their opinion whether the ex-spouse’s conduct is serious enough to support the charge. For example, if they are five minutes late to pick up the children, the judge would likely not grant a motion for contempt of court. However, if they do not give you your custody time or are refusing to transfer property required by the marital settlement agreement, this might be enough for the court to find someone in contempt.
What is the biggest challenge in divorce?
A bigger challenge comes when the divorce is finalized and your former spouse is not following the agreement. This is a difficult situation that must be worked out because your rights are at stake, and you should immediately consult with your divorce attorney to figure out how to proceed. One thing that your lawyer will likely tell you is that you need to act very deliberately. This means that you will need a multipart strategy to deal with the problem.
What is the end product of divorce?
The end product of the divorce is a series of agreements between the former spouses that are signed by each party. This is the marital settlement agreement, and it is ultimately a part of a court order that each party must strictly follow. The divorce agreement is a legal contract between two parties that has the force of the court behind it.
Can you change your divorce agreement?
Assuming the divorce is final, your divorce attorney may advise you to make a legal filing seeking a modification of the agreement . Usually, in order to get a court-ordered change to an already-signed agreement, you would need to show that there were changed circumstances. One thing that could persuade the court is proof that the other party is not following the agreement as ordered by the court. This could help protect you in the future in the event that another breach occurs.
What does a lawyer do when seeking damages?
A lawyer can help decide whether you have a legitimate case or not. In large part it will depend on which state you are pursuing your case. Generally, if you are seeking damages you will want to look at what actual damages you have incurred and what speculative damages you may have incurred.
What is the award of damages in family law?
In many family law cases the award of damages comes in the form of attorney’s fees for being forced to bring something to court that you should not have had to do. Your attorney would be able to provide the cost to the court in those instances.
What are some examples of actual damages?
Actual damages are costs for which you can put a solid number on. Examples: attorney’s fees, court costs, travel expenses, replacement costs for damage d property is typical actual damages. Examples of speculative damage are loss of consortium, loss of future earnings, pain and suffering, damage to reputation, and intentional infliction ...
Can you bring a contempt petition against a court order?
For example,it is possible to bring a contempt petition for withholding a child against a court order during your parenting time. This would be a situation wherein you may be entitled to receive compensation for attorney’s fees for having to bring the court in when you should not have.
Is child custody a cheap divorce?
Hotly contested divorce and child custody battles are not cheap. There are divorce attorney fees, court costs, travel expenses, lost income from taking off work, and other financial expenses.
How to reopen a divorce settlement?
However, if you received a truly unfair or unjust divorce settlement, you may be able to ask a court to reopen your case and take a second look at how the deal was made and whether or not it's unjust. You should know that you will have a very heavy burden in terms of getting a divorce settlement turned over. The exact legal showing you need to make will depend on the specific laws of your state, but generally speaking, the only way to have the court reopen your case is to show a judge that exceptional and compelling circumstances exist. This usually means that you have to prove that the settlement agreement itself is invalid for some reason and/or that the enforcement of the terms of the agreement would be oppressive, inequitable, and/or unjust.
What is the term for a spouse who gave you false information about an essential fact?
deceit or fraud (for example, your spouse concealed information or gave you false information about an essential fact, such as the existence or true value of an asset) duress or undue influence (where one spouse used threats or coercion to force the other to accept and sign a settlement agreement)
Is reopening a divorce case legal?
Reopening a divorce case can be very challenging and legally complex. It's wise to consult with an experienced family law attorney in your area to determine whether you have a good case and how to get started.
Do divorced spouses get everything they want?
Very rarely (if ever) will divorcing spouses get everything they want in a divorce settlement . Instead, most divorces require compromise from both sides in order to resolve the case. As a result, many divorced spouses believe that they got a raw deal. This doesn't mean that they all have grounds to head back to court and set aside their divorce ...
When You Can File a Lawsuit After a Settlement Offer
In some rare exceptions, you may still be able to file a lawsuit after agreeing to a settlement. This includes:
What to Do Before Accepting a Settlement Offer
The implications of agreeing to a liability release as part of a settlement can be significant. For instance, if you discover that your injuries were worse than you initially thought, it may be too late. That’s why it’s so important that you take all the necessary steps to protect your rights before signing the waiver. This includes:
How to contact a divorce lawyer in Boulder County?
Ready to talk? Call our Boulder County divorce attorneys at 303-449-1873 to set up a free consultation and learn about the next steps for your divorce process.
Do divorces get ugly?
Some divorce cases get very ugly, very fast even when both parties claim that they’re doing their best to be amiable and “fair.”
Can you sue someone in Colorado for divorce?
You’re free to sue the opposing party for something that has happened after the divorce case, but you cannot go back and sue for something that happened during or beforehand.
What Happens After Signing a Settlement?
The insurance company often presents the first settlement offer. If the injury victim hires an experienced attorney, he or she will likely negotiate with the insurance company for more compensation. (Insurance companies often make lowball offers at the beginning of the claims process.)
Can you seek more compensation for a settlement?
Once you agree to a settlement, you likely cannot seek more compensation for your damages. That is why it is so important to make sure any settlement you sign provides fair compensation for damages, particularly damages you may suffer in the future or on an ongoing basis.
What was the name of the settlement agreement that Frank and Sandy signed?
By Mary Fetzer. Frank and Sandy’s contentious divorce was finalized with a marriage settlement agreement (MSA; also known as a divorce settlement agreement) that seemed to placate everyone. So, when Frank began violating the conditions of the MSA, Sandy was surprised and frustrated.
Is a marital separation agreement a contract?
“A marital separation agreement is treated in Illinois as a contract, ” says attorney Stuart Shiffman of FeldmanWasser a full-service law firm in Springfield, Illinois. A retired trial judge who presided over divorce cases all over the state, Shiffman explains, “Before the divorce is finalized, the agreement must be presented to a judge and approved.”
3 attorney answers
I am sorry that you are going through this. In most cases the division of property is not modifiable, however it does depend upon how your divorce/separation agreement was written and what the final judgement states. Further, it will depend upon how he drafted his action and what he is trying to accomplish.
Howard M Lewis
If what you mean by "settled in the divorce" is that the 3 items were awarded to you in the divorce judgment, then whether or not your ex-husband has any chance of persuading the Court to set aside that portion of the judgment depends upon whether or not your husband can prove facts and a timeline that fall within Family Code Section 2122 (a) [fraud], (b) [perjury], (c) [duress], or (d) [mental incapacity].
Donald Frederick Conviser
He is probably too late but that will depend on how your final judgment reads. It will also depend on the type of motion he filed: set aside, omitted asset or other. You will also want to consider having a face to face consultation with an attorney.
What happens to assets during divorce?
During divorce proceedings, emotions run high, but decisions regarding property and assets will affect both partners for the rest of their lives. One item that may slip by, especially for younger couples, is the question of retirement accounts and pensions. Each spouse has contributed to the other’s ability to accumulate these funds. Division of these assets is typically made in a separate agreement and may involve return trips to court.
Can you return to court after a divorce?
Waivers of claims on retirement accounts in divorce property settlements may close your option to return to court later. Only child custody, visitation and support agreements are permitted to be re-opened in many states; courts will not consider property and debt petitions.
Can a divorce decree change a 401(k)?
Requests for changes to IRAs, Roths, 401 (k)s, pensions and other contribution funds may be filed in court after the divorce decree -- with its property agreement -- is final. Their inclusion in a property settlement may not be binding because fund managers must approve any proposed distribution of funds that differs from the original agreement. A document containing proposed changes to the disbursement of the funds, called a qualified domestic relations order, or QDRO, is drawn by an attorney on behalf of the now ex-spouse, and submitted to the fund manager for approval.