Is it possible to claim damages from a spouse without getting a divorce?
Yes, it is possible. Contrary to popular belief, divorce is not a prerequisite for claiming damages. If you have suffered emotional distress due to your spouse’s infidelity, you can claim damages regardless of whether or not you are divorced.
- Factors to consider when claiming damages from a spouse
A. Total amount of damages: The proportion of the infidelity attributed to the spouse and the affair partner will be considered when calculating the total amount of damages.
B. Defendant’s liability: The amount of damages will be determined based on the defendant’s share of responsibility.
C. Possibility of a claim for damages: The defendant may claim damages from the spouse, which could affect the outcome of the trial.
2. Issue of res judicata
Even if the defendant’s liability is specified in the reasons for the judgment, it does not have res judicata effect on a claim for damages. In other words, the defendant can still file a separate lawsuit against the spouse to claim damages.
3. Precautions when claiming damages from a spouse without getting a divorce
Securing evidence: You need to secure clear evidence that proves your spouse’s infidelity.
Proving emotional distress: You need to prove the severity of your emotional distress in order for your claim for damages to be acknowleged.
Consulting a legal professional: It is important to seek professional legal advice to ensure a successful lawsuit.
Conclusion
It is possible to claim damages from a spouse without getting a divorce, but there are several factors to consider. It is important to seek professional legal advice to ensure a successful lawsuit.
