Identifying Marital Torts
Welcome back. It has been many months since I have had time to sit down and write a fresh post. It’s good to be back.
In addition to a Podcast series I am producing (“The Divorce Insider”) I will be delivering “insider” content right here that will be relevent to you, your loved ones and friends, and perhaps to your frenemies and your enemies.
In addition to the primary issues associated with divorce—children, division of property and debt, alimony, child support—it may surprise you to know that when divorcing, there are approximately 60 additional lawsuits that can be filed against your spouse.
Think about it. Some of these infractions may be relevent to your case and it’s good to be aware that they may be used to your benefit. Some of these items sound like legalese and propably need further explanaiton. Your attorney will be able identify and explain if they are on their A-Game.
Abuse of Process
Assault
False Imprisonment
Stalking
Civil Theft
Intentional Infliction of Emotional Distress
Intentional or Negligent Transmission of Venereal Disease
Invasion of Privacy (Intrusion on Seclusion and Solitude)
Invasion of Privacy (Public Disclosure of Private Facts)
Defamation (Slander)
Interception of Wire, Aural and Electronic Communications
Breach of Computer Security
Unlawful Use of a Criminal Instrument
Unlawful Use of a Pen Register or Trap and Trace Device
Unlawful Access to Stored Communications
Illegal Divulgence of Public Communications
Unlawful Installation of a Tracking Device
Conversion
Economic Duress
Forgery
Fraudulent Transfer of Community Property
Fraudulant Accounting
Actual Fraud on the Person and Property
Breach of Fiduciary Duty under the Trust Fund Doctrine
Breach of Fiduciary Relationship (Business and Personal)
Constructive Fraud on the Person and Property
Fraudulent Use and Possession of Identifying Information
Misapplication of Fiduciary Property
Breach of Contract and Money Had and Received
Rescission
Promissory Estoppel
Suit on Sworn Account
Tortious Interference with Existing Contract
Tortious Interference with Prospective Contract
Deceptive Trade Practices Act Claim
Negligence
Negligent Misrepresentation
Breach Implied Warranty of Merchantability
Breach of Implied Warranty of Fitness for a Particular Purpose
Usurpation of Community Opportunity
Usurpation of Corporate Opportunity
Waste of Assets
Alter Ego . . Corporations
Joint Venture | Partnership
Alter Ego . . Trusts
Civil Conspiracy
Wrongful Interference with an Existing Contract
Tortious Interference with Prospective or Business Relations
Oral Gift of Land
Estoppel
Premises Liability
Trespass to Chattels | Replevin
Agency
Bailment
Fraudulent Conveyance
Malicious Prosecution
Abuse of CPS Process
Parental Alienation
Brainwashing
Actual and Exemplary Damages
When consulting with you, a competent divorce attorney will LISTEN to you and discuss the adventures and misadventures of your marriage and identify possible Marital Torts that you may want to include in your initial Petition Dissolution of Marriage or prelitigation demand letter.
There are many considerations when deciding what and whether or not to sue your spouse in your marital lawsuit. These matters should be thoroughly discussed with you—the pros, the cons, and the fields outside of the pros and cons.
In the Attorney-Client relationship, our overall goal is to get on the same field/address together and find ways to nurture, utilize and preserve the field for you and your children.
Namaste
Doug Kneller