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| Monetary relief for physical injuries sustained during my marriage |
By:
April Andy |
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As part of my divorce, can I receive monetary relief for physical injuries sustained during my marriage?
Divorces commonly arise as a result of issues concerning domestic violence and other harmful acts which may result in physical injury. Consequently, during a divorce the victim may seek relief for physical injuries sustained during the marriage. Generally, in New York and New Jersey, spouses are entitled to monetary damages under martial tort or Tevis claims. However, these are complex issues which require an attorney experienced in family law in order to be fully compensated
Historically, spousal immunity prohibited lawsuits between husband and wife. It was once a prevalent rule of law and covered most jurisdictions across the United States. However, in New Jersey this doctrine has been repealed. The New Jersey Supreme Court held that “The choice to sue, or not to sue, should be that of the parties to the marriage, who as individuals are entitled to seek their personal happiness according to their own rights.” Merenoff v. Merenoff, 76 N.J. 552.
New York has also legislated away spousal immunity through section 57 of the Domestic Relations Law, now known as General Obligations Law 3-313. Following the eradication of spousal immunity in New York and New Jersey, martial torts have formed.
In New Jersey, a Tevis claim/marital tort is filed with a divorce complaint. It is possible that your claim may expire if you wait too long to file it or if you have already filed a lawsuit regarding the same claim outside of the divorce complaint. New York law is more flexible in this regard; one is not obligated to file such a claim with a divorce. Depending on the facts of your case, it may be to your benefit or detriment whether you choose to file such a claim in civil or family court.
Therefore, it is paramount that you detail all the facts of abuse to your attorney so that he or she may accurately assess whether you are entitled to monetary damages. Recoverable damages could include, but are not limited to, medical bill and, loss of work as well as pain and suffering. If monetary damages are not your main concern, a Tevis claim/marital tort could also be used to gain leverage in negotiating other issues such as child support, custody or visitation rights.
An attorney experienced in family law is essential in order to properly make such determination.
If you have any further questions about your New York City or New Jersey family law case, please contact our offices to speak to a New Jersey or New York City divorce lawyers
For mmore information visit us http://www.girolaw.com/. |
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