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Roger, Attorney
Category: Family Law
Satisfied Customers: 31733
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husband of 22 years served me with divorce papers which

Customer Question

My husband of 22 years served me with divorce papers which resulted in a final decree being issued on April 7th. As unfathomable as it sounds, I was passive during events leading to the actual divorce save for "missing" a mediation appointment I received no notice of. I am interested in pursuing damages for myself and our two adult daughters,(ages 21 and 20). My husband, in my opinion, perpetrated psychological, financial, and in one case against me only, physical abuse that has without any doubt in my mind, forever altered the course of my life, and most importantly, the lives of my two daughters. How do I begin?
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'll be glad to assist. It is possible for you to sue your husband for intentional infliction of emotional distress and for civil assault/battery. However, there are statutes of limitation that would limit what you could sue for.....usually the statute of limitations is 2-4 years, depending on your state. However, since your daughters are adults, you can't sue on their behalves. They'd have to sue on their own based on their own individual claims.
Expert:  Roger replied 1 year ago.
The most difficult thing is proving the emotional distress....but if you have been treated by a mental health provider for the emotional distress and if you have been diagnosed with an identified condition based on his treatment of you, then you could have a viable claim. But, if there's no documented mental health issues/treatment, it could be tough to sustain a claim.
Expert:  Roger replied 1 year ago.
It would be the same for your daughters.......they would have to sue based on the claims they can make within the statute of limitations. If you'll let me know what state you're in, I can look up the statute of limitations.

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