– from Diane D. in Fox Point, WI

Question Details:

My husband's drinking problems have grown exceedingly bad and he now threatens me daily. Would I be allowed to file for assault or intentional infliction of emotional distress along with a divorce?

Family Law Attorney Response:

Thank you for your question.

The courts decided in Stuart v. Stuart, 140 Wis.2d 455, 410 N.W.2d 632 (Ct. App. 1987) that the law will not force one party in a marriage to choose between commencing an action to terminate a marriage or one to recover compensation for injuries sustained as a result of spousal abuse. The two actions are not exclusive, and proceeding in one forum does not constitute a waiver of the right to proceed in the other.

Click here to learn how to change your name after a divorce.

If you need a family attorney in this dispute, please give me a call.

Lawyer Holly Mullin from Sterling Law Offices
Holly Mullin, J.D.
Family Law Attorney

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