Divorce cases often involve emotional trauma, especially when there has been physical or mental abuse. Normally such issues can be addressed as part of a contested divorce proceeding. But can a spouse–or former spouse–bring a separate personal injury claim against the other partner?
S.D. Court Overrides Its Own Ban on Interspousal IIED Lawsuits Many states recognize a distinct personal injury claim for intentional infliction of emotional distress (IIED). This goes beyond the normal stresses of a failed marriage.