fbpx
Can I sue my spouse?

Can I sue my spouse?

Can I sue my spouse? To borrow a phrase, Yes you can.

A tort is a wrongful act that leads to civil liability. An inter-spousal tort is when one spouse sues the other spouse for the wrongful conduct. There used to be a law called inter-spousal immunity that would prevent lawsuits against your spouse, but Kansas law changed in 1972 for intentional torts, and the court finally said the entire doctrine was a “judicial anachronism that not longer merits recognition” in in 1987.

Can I sue my spouse?
Can I sue my spouse?

The legislature gave more direction when it passed a statute in 2000, K.S.A. 23-2718, to explain how an action for inter-spousal tort would interplay with other types of lawsuits. A tort action shall not be consolidated with a divorce action unless the parties agree and the court approves. The statute clarifies that a decree of divorce or separate maintenance doesn’t preclude an action for inter-spousal tort if the grounds for the decree are based on incompatibility, however a decree under K.S.A. 23-2701(a)(2) claiming a failure to perform a material marital duty or obligation shall preclude an action for inter-spousal tort based on the same facts.

Remember that the statute of limitations for assault and battery in Kansas is one year from the act, and two years for the tort of outrage.

Share this post

Need Help?

Free Case Evaluation

Before you sign anything, get your case evaluated for free.