For many clients who wish to end their marriage, divorce isn’t enough. They genuinely believe they have been wronged during the relationship—sometimes time and time again—and have seen their life and mental stability spiral out of control. As a result, they come to us wanting nothing more than to sue their spouse for emotional distress.
But is suing your spouse for emotional distress even possible?
Instead, should you focus on ending the marriage as quickly as possible and getting yourself out of a horrible situation that way?
Determining the best scenario for you depends on your unique situation and should be discussed with a trusted attorney. That said, suing a spouse for emotional distress is possible—though it’s not always a straightforward process.
Filing an Intentional Infliction of Emotional Distress Claim
Emotional distress claims fall under personal injury rather than family law, and to succeed, you must prove that your spouse’s actions caused significant mental suffering and that their behavior was extreme or outrageous. Therefore, you can’t simply say they hurt your feelings when they yelled at you about taking the family dog. The behavior must be severe enough that any reasonable person would be shocked by it. For instance.
- Ongoing aggravation designed to keep you constantly on guard or distressed
- Repeated belittling or false accusations in public that harm your standing among friends, family, or in the workplace
- Intimidating bullying or coercion leveled against you or loved ones that cause you to live in fear of harm
- Intentional alienation of children during the divorce process
- Persistent psychological abuse, stalking, cyberbullying, or manipulation
What Must You Prove for Emotional Distress
Proving emotional distress is often more challenging than you might think because the behavior must lead to something. For instance, you must be able to show that their actions caused you to be diagnosed with PTSD, depression, and anxiety or that you have difficulty functioning in society as a direct result of your spouse’s actions.
You may also be required to show that your spouse acted deliberately and that they intended to cause you harm. Remember, not every bad experience with your ex-spouse counts as emotional distress in the eyes of the law. However, if you believe your former spouse has directly caused you significant emotional distress, consulting with an attorney can help you determine your next steps. These cases can be complex, and getting the right advice will help you navigate them more effectively.
Please Call Christman | Daniell Attorneys for Your Legal Needs Today!
Are you looking for civil litigation or family law services in Texas? Christman | Daniell is your premier choice. With years of experience and a deep understanding of the legal landscape, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell to provide compassionate and effective representation for all your family law needs throughout Collin County.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
We have an unwavering commitment to helping our clients at each stage of their legal situation.
