Q: I am in Divorce court. Can I sue my husband for damages due to blackmail in Civil court at the same time?
My husband is attempting to force me into a bad settlement. He has repeatedly committed fraud against me and has been harassing me non-stop. I required heart surgery two months ago and did not heal due to stress. I have just had another, my doctor said I MUST avoid stress to heal properly. Husband knows this and has begun to blackmail and threaten me if I don't agree to his terms. He has sent these threats to my elderly mother too, who also has a cardiac problem and she is very upset and is having difficulty now. I am extremely upset, have terrible anxiety due to this, and again my heart is not healing properly and I am having many problems. I am now under continual monitoring. I am pro se in Divorce court after my last attorney made many errors and did not inform the court of my husband's antics, instead just pressuring me to settle and end this. I will be requesting a restraining order. Can I sue my husband in Civil court for damages while the divorce is going on in Supreme court?
A: Probably wouldn't fly. Your case (if filed) would be dismissed.
A: You could try, but the issue you will run into is that it all relates back to the pending divorce which has not adjudicated.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
