Can I Sue My Ex-Wife For Damages Caused By The Divorce?

divorce lawsuitBy Nathan A. Hacker

Divorce Lawyer, Cordell & Cordell

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.

But what about the emotional damages inflicted by your ex-wife? If she committed false allegations or denied your visitation rights, can you sue her for damages?

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.

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.

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Can I Appeal?

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.

Actual damages are costs for which you can put a solid number on. Examples: attorney’s fees, court costs, travel expenses, replacement costs for damaged 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 of emotional distress.

Many states have restrictions on awards for these types of damages or may not recognize them at all. The more you can document damages the more likely you will be to receive an award.

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.

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.

The most important advice I can give is to consult an attorney in your state. You are looking at issues of both tort law and family law.

To set up an appointment with a Cordell & Cordell mens divorce attorney, including Nathan A. Hacker, an Associate Attorney in Indianapolis, please contact Cordell & Cordell.

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6 comments on “Can I Sue My Ex-Wife For Damages Caused By The Divorce?

    How about the children becoming less fortunate? Can they sue?
    How about losses to a good husbands lively hood? Most men that are a success are self employed running bussiness efficiently from the house he worked hard to get. He has very little actual living expense as the bussines pays his mortgage. So when he has wife troubles , files for his divorce, she puts him and his bussiness homeless. How can a homeless man pay to relocate bussines , his own place, lawyers, CPA s additional office managers to keep track of his expensive change, and pay all the full non tax detectable expense of his old house?

    He fires as many workers as possible. Down sizes at all the wrong times. Custermers are lost for ever. And his poor kids go from having a successful wonderful father to a degraded man that’s struggling . The wife then turns everyone she can against him including and pro woman in his own family. Also her and her attorney start trying to prove everything in his bussiness is profit. Meanwhile no one ever even looks at her income or bank records.

    The outcome also ends with the husband always paying her attorney fees. Along with alimony and child support.

    The children suffer long term financial damages.. So can they not sue??? And why is this allowed in our country? Why are women never held accountable ???

    How do I stop her?
    Yes, what you just said is exactly the situation that I’m in. I have an ex (scientist) who has her attorneys paid for by her legal aid at her prestigious work location. She has kept me in court since 2009 non-stop and will not stop harassing me as a self employed guy. Constantly trying to prove that all of my money is complete income. She makes close to $90,000 per year plus endless legal perks and is pissed off because she didn’t like my business. She put an injunction against me so that I could not have the kids around when I conducted any business so I sold it, the very asset that was paying her child support. She then got upset because she could no longer afford the most expensive private school in town. I purchased another business which ultimately failed so now I’m pretty much broke, nearly homeless, and she has had me in court every single month for the past 11 months at least 2 times per month. When will this stop? Please make it stop. I have attorney bills now far greater than I can afford and she knows it, I can hardly afford gas and food. I’m only trying to see my kids like a normal father and pay child support that does not exceed my current monthly income. Unfortunately that is the sad truth at the moment. I feel that my kids are getting the sad end of the stick because she filed temporary orders against me seeing them until I can afford a better place but how do I do that when she keeps me in court ALL the time literally? Any suggestions?

    settle fast
    there is one rule men need to understand, in this country they have almost no rights against women. there’s nothing a man can do against a vindictive woman so the best option is to cut the losses and settle fast.

    the laws are rigged so the longer a man fights the deeper he gets. settle fast and get as much distance from her as you can. don’t talk to her, don’t email her, don’t call her, don’t answer her. don’t even look at her. nothing.

    YES…the best advice is to stay the F— AWAY FROM HER. My ex does not live in the same town, and i always say “I never want to get within 1000 miles of the bitch.” She CANNOT let it go….I have her blocked from my cell (no calls or texts). She can only contact me via email or my home landline, because she is THAT bad. (Aside: It always strikes me as odd when i see divorced people being “friendly”.) SHE IS NO LONGER YOUR FRIEND. And unless it has to do with the well-being of your minor kids…you do not need to speak one word to her. I NEVER let her engage me in conversation because she ALWAYS has an ulterior motive (and you must always assume that).

    – Also terminate contact with people who she associates with or has regular contact with… No need to give her any more access to you than necessary.

    – Lastly, keep money in the bank to fend off her legal attacks….I never know when she is coming at me…So I unfortunately have to be always prepared.

    BOTTOMLINE: CUT THE CORD TO THE MAX EXTENT POSSIBLE. IT MAY TAKE MORE MONEY UNFORTUNATELY TO SHUT HER THE F— UP.

    All lies
    I found out that my soon to be ex. Has had a 10 year affair and every one in her family knew. I don’t know why but they always do what ever crazy thing she wants. I was mentally tortured and abused The family of the gut firmly believes my firs boy is his. It’s funny how there was many more gifts and same people. My sons God father is related to the guy so I guess we know why she chose him. I did not wish to Dna test him four months ago. Well I did but was accused of domestic violence and had to put all my energy money in to it. Truth is. Regardless of the test he’s my son. I was there always. He’s a coward. Who to the day won’t show hiz face. I will test just for medical reasons but he’s mine. He even looks like me. A lot. But I find it very hard to b normal. It’s always there. She won’t answer anyangthing. Just says am crazy. It’s. Amazing how much planing they did to plan out events. Like my Childs baptism. Witch he’s there. Only reason I found out. I s the tape. A tape that never existed. She set It up that day. And ln the end she said I dont know at happen. Didn’t record. Can I sew them. I want my kids away from them all. Is scary to think what that could do to him. Me am broken a total mess. I don’t function well. Am always just picking my brain. Wishing I knew why. Or what was real. I actually got help with shrink and after fur doctors they said it is not made up. My reason. To think all this is life time of events that just all come together. Sad. But no one cares. It’s like am a rag. No one uses.

    I would just be repeating what everyone already said. I’m in the same boat as the rest of you guys and I’m sure their are many more that’s getting shit on by the people we busted our ass for and considered our life long partner till death we part. I have known a lot of good men who put themselves aside to provide the best life possible. Busting ass for years just to be shit on when we are older and looking forward to a good retirement with the ones we love. I had a booming business and life was good. Then the bitch went out with friends and was caught with her pants down. I filed for divorce for other reasons as well. Amazing how I’m the one broke and homeless. Her life hasn’t changed. My suggestion to anyone who wants to get married, weather she likes it or not. Get a full proof contract drawn up by a good attorney before you say I DO!!!! If she won’t sign then you need to say I DON’T, just move on. Times have changed and our domestic laws are way out dated. No offense to anyone but women didn’t change the laws in favor of them by just sitting around complaining. There will be no change to update our laws till men does something about it. My Ex lied about everything in court and somehow got away with it. It’s unbelievable and like a nightmare for me. I lost everything. I’m presently being charged with a number of contempt charges cause I refuse to abide by the courts ridiculous decisions. If I give in then it would make me look like the liar and a loser. I can’t agree to that when she somehow got away with it. I will be going to jail for nearly a year. I’m standing firm. I’m homeless now anyway so the county can just feed and house me. Nothing will ever change until men start bitching louder than the home wrecking no good bitches Men its time to stand up for what you believe. I apologize for the long post but this crap needs to end.

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