Going through a divorce is emotionally exhausting, but what if your spouse’s actions go beyond the typical stress of separation? In Texas, it may be possible to sue for emotional distress in certain circumstances. However, the legal process for a claim of this kind can be tricky. You should understand how Texas courts address such issues before moving forward.
So, the short answer to the question, “Is it possible to sue your spouse for emotional distress during the divorce?” is yes. However, it is only under specific circumstances.
Requirements for an Emotional Distress Claim
You cannot file a lawsuit for emotional distress because someone has upset you or raised their voice to you. Emotional distress claims require much more than injured egos. Instead, you must prove that your spouse’s conduct would be considered extreme and outrageous, beyond the bounds of usual marital discord. This means it isn’t enough that the divorce is emotionally challenging; the actions must have been intentionally harmful. For instance:
- Humiliating or belittling behavior
- Infidelity with the intent to harm
- Parental alienation
- Extreme cases of gaslighting
- False accusations intended to harm your credibility
Suing for emotional distress during a divorce is possible. However, it is tough to prove and must be pursued separately from your divorce proceeding. If you’re considering this course of action, be prepared. You should first enlist the services of a well-qualified attorney who can assist you in understanding your rights and whether or not your situation meets the legal criteria.
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Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish is for informational purposes only and does not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
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