Florida Board Certified Divorce & Family Law attorney

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Divorce Insider

Identifying Marital Torts

Welcome back. It has been many months since I have had time to sit down and write a fresh post. It’s good to be back.

In addition to a Podcast series I am producing (“The Divorce Insider”) I will be delivering “insider” content right here that will be relevent to you, your loved ones and friends, and perhaps to your frenemies and your enemies.

In addition to the primary issues associated with divorce—children, division of property and debt, alimony, child support—it may surprise you to know that when divorcing, there are approximately 60 additional lawsuits that can be filed against your spouse.

Think about it. Some of these infractions may be relevent to your case and it’s good to be aware that they may be used to your benefit. Some of these items sound like legalese and propably need further explanaiton. Your attorney will be able identify and explain if they are on their A-Game.

  1. Abuse of Process

  2. Assault

  3. False Imprisonment

  4. Stalking

  5. Civil Theft

  6. Intentional Infliction of Emotional Distress

  7. Intentional or Negligent Transmission of Venereal Disease

  8. Invasion of Privacy (Intrusion on Seclusion and Solitude)

  9. Invasion of Privacy (Public Disclosure of Private Facts)

  10. Defamation (Slander)

  11. Interception of Wire, Aural and Electronic Communications

  12. Breach of Computer Security

  13. Unlawful Use of a Criminal Instrument

  14. Unlawful Use of a Pen Register or Trap and Trace Device

  15. Unlawful Access to Stored Communications

  16. Illegal Divulgence of Public Communications

  17.  Unlawful Installation of a Tracking Device

  18. Conversion

  19. Economic Duress

  20. Forgery

  21. Fraudulent Transfer of Community Property

  22. Fraudulant Accounting

  23. Actual Fraud on the Person and Property

  24. Breach of Fiduciary Duty under the Trust Fund Doctrine

  25. Breach of Fiduciary Relationship (Business and Personal)

  26. Constructive Fraud on the Person and Property

  27. Fraudulent Use and Possession of Identifying Information

  28. Misapplication of Fiduciary Property

  29. Breach of Contract and Money Had and Received

  30. Rescission

  31. Promissory Estoppel

  32. Suit on Sworn Account

  33. Tortious Interference with Existing Contract

  34. Tortious Interference with Prospective Contract

  35. Deceptive Trade Practices Act Claim

  36. Negligence

  37. Negligent Misrepresentation

  38. Breach Implied Warranty of Merchantability

  39. Breach of Implied Warranty of Fitness for a Particular Purpose

  40. Usurpation of Community Opportunity

  41. Usurpation of Corporate Opportunity

  42. Waste of Assets

  43. Alter Ego . . Corporations

  44. Joint Venture | Partnership

  45. Alter Ego . . Trusts

  46. Civil Conspiracy

  47. Wrongful Interference with an Existing Contract

  48. Tortious Interference with Prospective or Business Relations

  49. Oral Gift of Land

  50. Estoppel

  51. Premises Liability

  52. Trespass to Chattels | Replevin

  53. Agency

  54. Bailment

  55. Fraudulent Conveyance

  56. Malicious Prosecution

  57. Abuse of CPS Process

  58. Parental Alienation

  59. Brainwashing

  60. Actual and Exemplary Damages

When consulting with you, a competent divorce attorney will LISTEN to you and discuss the adventures and misadventures of your marriage and identify possible Marital Torts that you may want to include in your initial Petition Dissolution of Marriage or prelitigation demand letter.

There are many considerations when deciding what and whether or not to sue your spouse in your marital lawsuit. These matters should be thoroughly discussed with you—the pros, the cons, and the fields outside of the pros and cons.

In the Attorney-Client relationship, our overall goal is to get on the same field/address together and find ways to nurture, utilize and preserve the field for you and your children.

Namaste

Doug Kneller

Anne Kneller