Ocala Marital Tort Lawyers
Fighting for the Justice You Deserve
Florida is a no-fault divorce state, but certain wrongdoings within a marriage should not be tolerated. These wrongdoings are referred to as marital torts, and they result in physical and emotional injuries that are more serious than hurt feelings.
Historically, Florida has barred tort claims between spouses, except in the case of battery. During Waite v. Waite, however, the Florida Supreme Court repealed the doctrine of interspousal immunity. Now, married couples can file tort claims against one another in conjunction with, or independently of, their divorce.
Like any other tort, the negligent or intentional acts of the defendant must be discovered and proved. This can be especially complicated in the midst of a relationship’s dissolution and all the hard feelings that accompany it. Getting an objective understanding of your case is just one reason to hire our talented divorce attorneys at Dunham & Ingram.
If you have questions about marital torts in Ocala, Florida, please contact us to schedule a consultation.
What is a Tortious Act?
A tortious act in divorce, or a marital tort, refers to a tor committed by one spouse, affecting the other. This type of behavior can also involve a third party if he or she interfered in the marriage. A marital tort is an action that may either be intentional or negligent.
Marital torts can typically arise from egregious misbehavior within a marriage, such as infidelity or domestic abuse. Some examples include:
- Battery and physical assault
- Marital rape
- Infection with an STD by one’s spouse
- Intentional inflection of emotional distress
- Defamation
All of these situations, and many others, arise from the intentional or negligent wrongdoings of one party and cause serious harm to the other. For example, if one party cheats on the other and is negligent about sexual safety, any infection they pass on is an injury that could be considered a marital tort. Still, the best way to determine whether your physical or emotional injuries can justify a marital tort claim is to get in touch with our lawyers.
Should I Sue Inside or Outside My Divorce
Florida law, and the precedent of Beers v. Beers, require some marital torts, such as the dissipation or depletion of marital assets, to be considered in conjunction with a divorce. Other marital torts may involve a third party, and thus need to be handled on their own. In some situations, though, the plaintiff can choose whether to handle their tort claim and their divorce together or separately. This is another instance where our attorneys can come in handy.
With our legal experience, we can help you strategize and increase your chances of receiving justice in both divorce and marital tort cases. Whether we decide to handle them separately or together, we promise to fight for you every step of the way. Take the first step today and set up a consultation online or call us at (352) 353-8117.