Q: Can my spouse sue me for emotional neglect when I try to divorce them?
Hi! I am a petitioned spouse of a US citizen. We've been together for 9 years and married for 4 years. I immigrated to California this year. Prior to that, there was a time last year wherein I didn't communicate with her for a few weeks due to a fight. She claims it affected her and recorded evidence of her losing weight and screenshots of me not wanting to engage in communication. Since then, we've reunited and communicated better. Unfortunately, the relationship is not working out and I ultimately want to separate from her and go back to my home country. She threatens to sue me for this past issue when I bring up the divorce. Does she have good grounds and evidence to file a case for that even if it was in the past and I am in the process of divorcing her?
A:
In California, emotional distress is a potential ground for a civil lawsuit, but such cases typically require the plaintiff to prove that the defendant’s conduct was outrageous and intentionally or recklessly caused severe emotional distress. A brief period of non-communication, even if it resulted in distress, may not meet this high threshold. For a successful claim, the behavior must go beyond the bounds of decency and be considered extreme and outrageous by average community standards.
Moreover, in the context of a marriage, there are additional complexities. The court usually considers the totality of the marital relationship. Temporary estrangement during a dispute may not be sufficient grounds for a lawsuit on its own. However, if she believes the neglect was part of a broader pattern of emotional abuse, she might attempt to pursue a case.
If she does file a lawsuit, the court will examine the evidence, including the duration and impact of the non-communication, to determine if it constitutes extreme and outrageous conduct. It is recommended to seek legal advice to address any specific claims and to discuss the best approach to the divorce proceedings given the threats of litigation.
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