Is divorce a tort?

Is divorce a tort?

Divorce is painful for almost everyone who has to face it, and many people going through divorce feel deeply injured by their spouses. In some cases, however, the injury goes beyond the common emotional injuries that so often accompany divorce. Intentional infliction of emotional distress. …

What is a marital tort action?

According to the National Law Journal, a marital tort is an “action brought against third parties or by one spouse against the other.” A tort is usually raised at the time of divorce. Torts can arise from physical or sexual assault, emotional distress, transmission of a venereal disease, or an invasion of privacy.

Can you sue for damages in a divorce?

According to the “broken heart” law, if your husband or wife cheats on you and it ends in divorce you are able to sue for damages. It’s called “alienation of affection”, a common tort law, which finds the “other man or woman” at fault for a failed marriage, and makes them pay damages for the love lost.