Tort; Marital Tort; Domestic Tort - Divorce Encyclopedia

Encyclopedia: A B C D E F G H I J K L M N O P Q R S T U V W Y

Term Definition Tort; Marital Tort; Domestic Tort - a wrongful act that creates the basis for liability against a defendant, who is called the tortfeasor.

Application in Divorce Some states allow spouses to bring torts in conjunction with divorce actions, and many divorced or divorcing spouses now bring during the marriage.

A marital or tort between former spouses. Most jurisdictions have now repealed the doctrine of spousal immunity, permitting spouses (usually women) to bring marital torts (usually personal injury actions) in connection with domestic violence. Marital torts, moreover, can be lodged in connection with intentional or negligent acts, including the transmission of sexual diseases, psychological distress and emotional injury, slander and libel as well as dissipation of community property.

In a agreement between the parties.

Torts are civil actions arising from the conduct, deliberate or careless, of one individual in dealings causing harm or damage to another, and they also arise as a result of intent or negligence.

Intentional torts, which may result in civil and criminal standard of care a reasonable person is expected to exercise.

In marriage and family law, intentional tort.

No-fault and uncontested divorces doe not include marital torts.