Legal Question in Personal Injury in California

I moved from Texas to Califonia upon getting married in 2007. I had job secuiry in my teaching position as I had been in the department the longest, and I got rid of all of my household possessions cheaply per my husband's advice that he had his things and we would accumulate together. Upon moving to California with my teenage daughter, I went through constant verbal, emotional, and some physical abuse fromm a man who fits a sociopathic description and has managed to get away with this behavior in a string of relationships. I left the apartment upon having a mini-stroke at work and upon the doctor telling me that it was just a matter of time before a major stroke would happen. I gave my attorney a 25 page document of some of what I had gone through. I spoke to his first wife (I am number three)and a former girlfriend after a year and a half of being married and found out more behaviors that confirmed my suspicions. I tried many methods to salvage the marriage, not knowing what I was dealing with. My attorney says that in California, a man can do what he wants and get away with it. Before I could get my papers filed, he filed. However, I didn't realize that the envelope left in my mailbox at work were the documents. A student helper checked my mail slot and brought me my school mail on the day beginning a two-week holiday period, so I did not open any mail until a couple of days before coming back from the break. I thought I was supposed to be served. My attorney tried to get spousal support for half the marriage, but somehow he managed to distort income, so neither attorney fess nor spousal support was ordered. I still suffer from the abuse and am going to return to Texas, where I have a support network (friends and family). I was alienated for the most part during the time we were together. He is now going around telling others that he is divorced and that he left the marriage because I tried to posion him. This is just another tactic of his covert attempts to alienate me and to keep him from being exposed. I am having to start over again and recuperate from the vile behavior. I would like to know if I can file a civil suit, and if I can, since I will be moving in July, will I be able to file in Texas? My attorney has not adequately represented the case involving the divorce and has no clue about sociopathic behavior. The declaration was not to my satisfaction, because it spoke to specific incidences and not the volume of the ordeal. I do beleive that based on my soon to be ex's history, and action during the marriage, he had no intentions of staying together.

Thank you for your advice.


Asked on 6/02/10, 12:49 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

I am not an expert in this field but can supply some information I believe is entirely correct. You can not sue in Texas because the acts you complain of occurred in California and he resides in California; the plaintiff living in a certain state does not usually give that state the jurisdiction to hear a suit by that person. If it did, defendants would have to travel throughout the country defending themselves. The acts you complain of were done in the framework of your marriage and should not result in liability in other areas of the law, absent actual physical assault. Since about half of all California marriages result in divorce and many have elements of emotional abuse, the court system would be flooded with suits if ex spouses could sue each other for what occurred during their marriages.

As to your not getting any alimony, you need to find out in detail from your attorney why that is the situation. California is a no-fault state so who was at fault in the marriage does not matter, it is a question of who makes more so should provide some support to the other. My guess is that you make more so would not get anything from him.

I am sorry that you suffered so much, but going through a civil suit would just make you feel worse. As to your attorney's comment that men can get away with anything they want, aside from being irrelevant to the case, that clearly is not true when the actions are something the court needs to consider.

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Answered on 6/02/10, 6:30 pm


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