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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
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Experience:  I provide family and divorce law advice to my clients in my firm.
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My ex wife file a Civil Lawsuit Emotional Distress,

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My ex wife file a Civil Lawsuit against me for Emotional Distress, Invasion of Privacy. Her attorney is willing to settle for $150,000. This case has been ongoing for right at 2 years. I am having to start over since our separation and divorce. She made me lose my job in Law Enforcement, claiming Assault on a Female and Interfering with 911 Communications. I was found Not Guilty and the case has been expunged. She was so upset about losing the case, she continued to complain to Law Enforcement Standards and I eventually gave up, because I was having to pay an attorney to help me and could no longer afford the fight. Because of her actions over the last 3 years, I have had to file Bankruptcy. I pay my child support, which resulted from her getting full custody due to my atty at the time told me it could be changed. Not so easy. I am barely able to make ends meet. My current atty has advised to with settle or just let it go to court and do nothing and see what happens? What do I do, it has devastated my life. Her claims are so crazy it is unbelievable. Her Civil Lawsuit has to do with the 15 years we were married and most of them have to do with sex acts. I have lost everything, I have had to go through counseling because of the stress involved.  

Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

A few questions if I may. First, what evidence, if any, exists that helps corroborate her claim? Second, do you have the funds to settle for? What is the current custodial situation? How are you currently employed?
Customer: replied 1 year ago.

Just making sure my answer went through. Thx

Customer: replied 1 year ago.

Just in case it did not go through, here is the answer. The only evidence to the Emotional Distress, now is that she has been seeing a counselor and her word. The other is that I admitted to place a spyware on the computer right before I caught her cheating on me. Never could understand how to use it, so I hired a P.I. and caught her. I do not have any funds, withdrew all of my retirement to pay for atty fees and tried to fight for more time with my children and that was when the lawsuit came up. I have them every other weekend, 2 weeks in the summer and on certain holidays. I am working as a P.I. now oddly enough for a company and get paid way less than I did before, I have no health insurance either with them. Hope that helps.

Expert:  Dimitry K., Esq. replied 1 year ago.
Jon,

Thank you for reposting as the first time you attempted to post, it appears taht it did not go through.

That does help. From your facts it appears that she DID commit adultery, but your spyware did not catch it because you did not know how to use it. How did she find the spyware?
Customer: replied 1 year ago.

She somehow found it on our computer, I have no clue how she did. We were still together and going through marriage counseling. I tried to sue him for Criminal Conversation, but that went nowhere. It all occurred in July of 2010, her having the affair, so my time limit has expired to go after him for Alienation of Affection.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your patience, Jon.

What she is asking for she is highly unlikely to get. "Emotional distress" has to be 'extreme and outrageous' in nature and one that a reasonable person would find to be 'extreme and outrageous'. If the computer, for example, was jointly owned, spyware is not extreme or outrageous. In addition, if the software was placed there but never used, that is still a potential violation but it is not an ongoing violation. This is likely why the attorneys suggested that you fight this in court--I honestly do not see a typical judge allow her such 'expenses' especially if she end s up admitting in court that she was engaged in an adulterous affair--it does not really make her a very sympathetic character.

Good luck.

Customer: replied 1 year ago.

So do you feel like I do, by agreeing to settle for $150,000 is outrageous. I have to sign the paper agreeing to that amount? I just do not feel comfortable in paying her that amount of money, if any period. If I do so she can hound me for at least 20 years, because I know she would renew the Judgement after 10 years. I tried to have it added in my Bankruptcy, but she hired another atty to fight it and won, allowing it to go back to state court. Not having the available funds for atty fees makes it hard. My atty suggested just let her go to court and we would not show up and see what happens, basically leave it up to the Judge to decide. Her atty a few months ago tried to get a Summary Judgement against me and lost.

Expert:  Dimitry K., Esq. replied 1 year ago.

Jon,

I do see the amount is laughably high. But I disagree about failing to appear. Then she can demand the amount by default which the judge may grant. I see this is as something that you should be able to fight and pursue, even 'pro se', as any 'emotional distress' claim is extremely high to prevail with.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38772
Experience: I provide family and divorce law advice to my clients in my firm.
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Dimitry K., Esq.
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I provide family and divorce law advice to my clients in my firm.