– from Shirley Y. in Jackson, WI

Question Details:

My husband and I were recently divorced. During the proceedings, I decided not to bring up the fact that I was physically and emotionally abused during our marriage. I had my reasons why, but now I feel that I should follow through with taking him back to court. Can I take him to court for these matters if I didn't mention them during the divorce proceedings?

Family Law Attorney Response:

You can file a tort action against your ex-husband after divorce, yes. How the courts will decide is another matter.

Every case is decided by its individual merits. However, in the case of Stuart v. Stuart 140 Wis. 2d 455, 410 N.W.2d 632 (Ct. App. 1987) (Affirmed by 143 Wis. 2d 347, 421 N.W.2d 505 (1988)), a wife made a similar decision to file a tort action against her husband approximately 3 months after their final divorce judgment. The ex-husband moved for a summary judgment. This was based on an argument that the action was barred under res judicata, equitable estoppel, and waiver. The circuit court dismissed the wife's claim. However, upon appeal, the decision was reversed. This is one example of how a similar case was decided in court.

I would advise you to contact an experienced family law attorney right away.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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