Photo: Lightfield Studios via Adobe Stock Matrimonial and Tort Law: A Collaboration To Compensate the Victim?
Can clients seek compensation for domestic violence from their spouses in a parallel tort action as opposed to addressing these issues exclusively in divorce proceedings … or is that a double dip?
July 23, 2021 at 01:20 PM
8 minute read
In August 2010, Gov. David Patterson signed legislation making New York a no-fault divorce state. With divorce now largely predicated on an irretrievable breakdown of a marriage, the question arises as to how and in which forum matrimonial clients should address issues of domestic violence, including but not limited to assault, battery and defamation. In particular, can clients seek compensation for domestic violence from their spouses in a parallel tort action as opposed to addressing these issues exclusively in divorce proceedings … or is that a double dip?
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