Astoria, NY asked in Divorce, Family Law, Civil Litigation and Domestic Violence for New York

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?

2 Lawyer Answers
Barry E. Janay
Barry E. Janay PRO label
  • Florham Park, NJ
  • Licensed in New York

A: Probably wouldn't fly. Your case (if filed) would be dismissed.

Lee A. Koch
Lee A. Koch
  • Domestic Violence Lawyer
  • New York, NY
  • Licensed in New York

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.

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