Divorce Lawyer, Cordell & Cordell
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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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.