Ocala Interspousal Tort Attorneys

Representing the Rights of Ocala Residents in Interspousal Legal Conflicts

Legal actions between family members are often more emotionally charged than tort cases between unrelated parties. When spouses commit civil wrongs against each other, the ensuing litigation can be frought with bitter resentment or inflamed passion. If you are facing civil tort liability for an incident between you and your current or former spouse, you reach out to an experienced Interspousal tort lawyer in Ocala for legal representation.

At Dunham & Ingram, you can benefit from over two decades of courtroom experience our lead attorneys provide. From divorces to Interspousal tort cases, our legal team has what it takes to make sure your legal rights and interests have an effective advocate.

Contact Dunham & Ingram at (352) 415-2896 to schedule an appointment to explore your legal rights and options today.

What Is an Interspousal Tort?

A “tort” is a civil wrong that a person commits again another person for which the law grants a legal or equitable remedy. Simply put, when a persons cause harm to other persons, it is considered a “tort” if the applicable law allows the injured party to recover damages or another appropriate remedy from the tortfeasor as a result of their wrongful conduct. When spouses commit torts against each other, it is considered to be an “interspousal” tort, exposing the at-fault spouse to liability for injuring their spouse.

An Interspousal tort claim may be filed while the parties are still married, or in an action for the dissolution of their marriage—known more commonly as a “divorce” action. At Dunham & Ingram, you can count on us to represent your interests in legal cases between you and your spouse.

We have the knowledge, experience, and confidence to support your legal interests in a number of legal issues related to Interspousal torts, including:

• Battery and other acts of domestic violence
• Intentional infliction of emotional distress
• Fraudulent concealment
• Intentional or negligent transmission of a sexually communicable disease
• Torts claiming the waste of marital property

Historically, Florida courts recognized that spouses have special immunity from liability regarding Interspousal tort claims. However, the law has since abrogated that kind of immunity, but recognizes that all defenses otherwise available to a defendant in any other tort case are also available in tort cases between spouses.

Common tort defenses include:

• Waiver: If the parties agreed to release each other from liability for tort claims in a valid contract, that may be used as a basis to defend against an Interspousal tort claim. For example, if the spouses agree in a divorce settlement to waive liability for certain Interspousal torts, that may serve as a sufficient basis for finding in favor of the defendant spouse.
• Consent: If the plaintiff spouse consented to the alleged wrongful conduct that caused their injuries, the defendant may be able to avoid liability. Consent can be expressed in a written agreement or implied by conduct in light of the relevant circumstances.
• Laches: If the plaintiff spouse unreasonably delayed the filing of their tort claim against the defendant spouse, the equitable defense known as “laches” lets a defendant avoid liability.
• Estoppel: A court may prevent a plaintiff spouse from asserting an interspousal tort claim if they reasonably induced the defendant to engage in the complained-of conduct. The court will “estop” them from making certain claims in that case.