Can I sue my husband for emotional and mental abuse and spousal support? - Divorce Law Questions and Answers-

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Can I sue my husband for emotional and mental abuse and spousal support?

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In Arizona the grounds or basis to file a petition for dissolution of marriage is that your marriage is irretrievably broken, with no prospect of reconciliation. Emotional and mental abuse would generally speaking be a fact in your request to be awarded spousal maintenance. You should consult with an experienced Arizona family law attorney be advised of your possible rights and obligations.

Answer Applies to: Arizona
Replied: 2/18/2014

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NY still has fault divorce grounds, however, those grounds will not effect whether or not you are entitled spousal support or maintenance. So you can either commence a divorce action based upon cruel & inhuman treatment or irretrievable breakdown and still get maintenance.

Answer Applies to: New York
Replied: 2/17/2014

Answer By Diane L. Berger

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Spousal support, yes. The rest, no. At least not in Nebraska.

Answer Applies to: Nebraska
Replied: 2/16/2014

Answer By Andrew Brasse
Barr, Jones & Associates LLP
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You can sue him for spousal support. However, there are not grounds in a divorce action to get any compensation for any form of abuse.

Answer Applies to: Ohio
Replied: 2/14/2014

Answer By Arlene D. Kock
Law Offices of Arlene D. Kock
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California law does not recognize fault in the process of going through divorce. Support is based upon the incomes of the parties. If your husband is a batterer or committed domestic violence against you, you may be entitled to additional support for your healthcare and psychological care. The mere fact that you were married to one another does not preclude you from suing him in civil court for a tort action if you suffered significant physical or psychological injury.

Answer Applies to: California
Replied: 2/14/2014

Peters Law, PLLC
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You can sue him for divorce on the basis of abuse. Depending on the situation that may get you more than half of the community property. Spousal support will depend, mostly, on your ability to support yourself. Talk with a local attorney about your chances of getting that.

Answer Applies to: Idaho
Replied: 2/14/2014

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