Can I sue my mother's ex-husband, that abused her, then left her after the death of their child, because it impacted her life until now. And as a result impacted mine and my brother's life. She would not cook for us when we were little, she could not hold down a job. She lived like the movie Perfect Stranger with Julia Roberts, but worse. Is it possible to sue him because as a result of him mentally and financially, we kids grew up on welfare, and I was given away to my aunt when I was little because my mother was not mentally capable of taking care of me.
Thank you for your question.What state did this occur in? How long ago did this take place in?
North Carolina. It happened in the 70's when she was married to him.
Thank you for your question.Unfortunately his behavior is not something that you can pursue. First of all, while cruelty or what is known as "intentional infliction of emotional distress" at times can be pursued, here whatever damages that have occurred took place before such causes of action existed. Additionally, he is beyond the statutory limitation, meaning that even if you had a valid cause of action, the situation too place too far back for you to be able to file suit at this time.I am sorry.Dimitry Alexander Kaplun40517.3777453356
Is there any rights my mom may have, because when they were married, they had property, that is now worth millions. He convinced her to use the same lawyer as him, she thought they were going to get back together, she was one of those abused women that kept going back, even after he was with another woman. She made out with $10,000 after their divorce. Is there a way to refile the divorce based upone the fact that she was not mentally stable at the time due to mental and physical abuse he inflicted upon her?
Thank you for your follow-up.The Statute of Limitations is 2 years for personal injury and 3 years for Fraud. The courts do not permit for claims to go back for 30 years or more. As such your mother would not be permitted to pursue a suit as it has been too long.Good luck.Dimitry Alexander Kaplun40517.3839377662
That just does not seem fair, when she is still reaping the benefits (negatively speaking) of what he did and put her through. Even with a better mind frame now than what she had, there is no way that 2 years would have allowed her to be capable to coming against a man who controlled her for years, who broke her. He broke my mother, is there any type of exception or route she can take, I can take, to at least get her back property she pretty much had stolen from her. She work two and three jobs to put him through school. She remodeled the houses. He would regularly beat her into submission, she suffered, and in return growing up we suffered? And your saying there is nothing at all that she has legal presidence to?
I am sorry but I do not make the laws--I merely review and interpret them to work within the system. Fair or not, the legal system intentionally placed such limitations within itself for 3 very important reasons. First, by having a deadline, it gives a sense of urgency to plaintiffs to pursue their rights and not wait for decades. Second, it allows the courts to have the ability to have more or less fresh facts and individuals who can remember and prove, both through Testimony and evidence, what took place. Finally, it is also a means of being efficient financially as the courts otherwise would get swamped with too many lawsuits and too much Litigation.I realize you may not like my answer, but no court in the US would permit you or your mother to re litigate a civil issue that took place in the 1970s in the courts in 2010. It was too long ego for the courts to allow it. Good luck.Dimitry Alexander Kaplun40517.3975423264
ok thank you
You are most welcome. Sorry for the bad news. Good luck to you.Dimitry Alexander Kaplun40517.3996669329
JA Mentor, Licensed in PA & NJ, specialize in business/contract disputes, estate creation & admin
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).