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4now, Pasha, Divorce Issues possible Emotional Distress lawsuit..

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  • 4now, Pasha, Divorce Issues possible Emotional Distress lawsuit..

    4now:

    I know you are very knowledgeable in immigration issues, and that you are a very smart individual that is why I would like to know what you think;

    As you have thought my wife might have written a nasty letter to USCIS to jeopardize my case, she might have even sent a copy of her ridiculous complaint for divorce base on extreme mental cruelty that is why I even thought of requesting my file from USCIS to confirm this, however, I decided to do not pursue this option for now.

    I have also mentioned here in this board, that I received a property settlement agreement from her attorney (I am Pro Se), in that agreement there is an article in which is stated that we both release each other from bringing any legal action of any nature against the other (this raise flags altough is common practice on settlement agreements this one is for property acquired during the marriage) so I told her attorney that I am not signing that agreement if that article is not taking out, or if they put that we only release the other from legal actions in regards and stricly to distribution of marital propery.

    I haven't heard back from them and is almost a week, I am a little bit concerned but I will remain on my position, if she ever wrote a letter or if she has tried to cause more harm I will probablyl attempt to pursue a lawsuit for emotional distress, for all the things that happen during the course of our marriage until making a complaint against me with false and unsupported allegations of extreme mental cruelty, that has only caused me emotional distress.

    Also if there is no agreement judge won't divorce us either, but I am concerned on the fact that they are taking long to reply back to me...

    What do you think? Can I pursue a emotional distress lawsuit? do you know what the statute of limitations is? I don't care about recovering money for damages, but I just want to scratch her if she did something wrong to me again.

    This post goes for you too my friend Pasha

  • #2
    4now:

    I know you are very knowledgeable in immigration issues, and that you are a very smart individual that is why I would like to know what you think;

    As you have thought my wife might have written a nasty letter to USCIS to jeopardize my case, she might have even sent a copy of her ridiculous complaint for divorce base on extreme mental cruelty that is why I even thought of requesting my file from USCIS to confirm this, however, I decided to do not pursue this option for now.

    I have also mentioned here in this board, that I received a property settlement agreement from her attorney (I am Pro Se), in that agreement there is an article in which is stated that we both release each other from bringing any legal action of any nature against the other (this raise flags altough is common practice on settlement agreements this one is for property acquired during the marriage) so I told her attorney that I am not signing that agreement if that article is not taking out, or if they put that we only release the other from legal actions in regards and stricly to distribution of marital propery.

    I haven't heard back from them and is almost a week, I am a little bit concerned but I will remain on my position, if she ever wrote a letter or if she has tried to cause more harm I will probablyl attempt to pursue a lawsuit for emotional distress, for all the things that happen during the course of our marriage until making a complaint against me with false and unsupported allegations of extreme mental cruelty, that has only caused me emotional distress.

    Also if there is no agreement judge won't divorce us either, but I am concerned on the fact that they are taking long to reply back to me...

    What do you think? Can I pursue a emotional distress lawsuit? do you know what the statute of limitations is? I don't care about recovering money for damages, but I just want to scratch her if she did something wrong to me again.

    This post goes for you too my friend Pasha

    Comment


    • #3
      Aguila:

      I know you didn't ask my advice, but here it is anyway. The legal basis for such a lwasuit is the "Intentional Infliction of Emotional Distress" and it is still valid in many states. Can't remember where you live, but it was enacted when an earlier legal ground of "Alienation of Affection" was repealed.

      The only thing is that with Intentional or Negligent Infliction, there are two forms, the petiotioner would have to prove that...
      ""First, the conduct involved must be truly extreme and outrageous. Second, the actor must either intend that his conduct inflict severe emotional distress, or know that there is at least a high probability that his conduct will cause severe emotional distress. Third, the conduct must in fact cause severe emotional distress. (Public Finance Corp. v. Davis (1976), 66 Ill. 2d 85, 90.)" (Emphases in original.) McGrath, 126 Ill. 2d at 86.

      Comment


      • #4
        I didn't finish.... Rather, the nature of the defendant's conduct must be so extreme as to go beyond all possible bounds of decency and to be regarded as intolerable in a civilized community. Kolegas, 154 Ill. 2d at 21.

        Emotional distress includes all highly unpleasant mental reactions, such as fright, horror, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment, worry, and nausea. See Restatement (Second) of Torts §46, Comment j, at 77 (1965). " 'The law intervenes only where the distress inflicted is so severe that no reasonable man could be expected to endure it. The intensity and duration of the distress are factors to be considered in determining its severity.'

        Comment


        • #5
          Swissnut:

          Thanks for that, I wonder since the last act that inflicted emotional distress do I have time to sue. I don't think any lawyer would take my case because they would not probably recover much $$, but is an option I might pursue to uncover her if she did in fact wrote things bad about me and tried to justificate them with her senseless complaint for divorce

          Comment


          • #6
            Aguila:

            Once again for petitioner to prevail with an action of IIED or NIED he or she must prove that....
            'The law intervenes only where the distress inflicted is so severe that no reasonable man could be expected to endure it.

            This does not apply to epithets, insults, or controlling behaviours...it moreso involves physical and emotional abuse which is deemed intolerable. Threats of death and dismemberment for example. Stalking, locking individual up against his or her will. The basis for IIED or NIED is that the actions of emotional abuse are so outrageous that the average person could not conscion enduring them!!!

            Comment


            • #7
              Aguila:

              I am not certain of this, but I believe that in order to receive damages for IIED or NIED the petitioner or plaintiff would have to show pecuniary losses.

              If the plaintiff, for example, suffered such outrageous actions that it as impossible to work, or had to leave a place of employment for fear of further abuse...then the pecimary loss would the the petitioner's income.

              Comment


              • #8
                Swiss.. good job and good work


                Aquilla..Thanx for those kind words and ditto 4 you lol

                "YOu know the difference between a scar and a cut"

                I feel you man. I know you are trying to cover every angle to protect yourself right now. But I doubt if you can find a lawyer to take this kind of suit on without putting out big bucks just so that she will have to put out big bucks to fight it. And in the end it will only come down to a settlement anyway.

                Comment


                • #9
                  Aguila,

                  One thing I learnt after coming to this country that you can sue anybody for anything. If you can prove mental distress you can go for it and that will be plus to your I – 751 waiver too.... Its not that hard to prove it too. I don't know what kind of report you got from that expert but he might be able to guide you better in this case as you already know him and he knows your case better....i would have advised you regarding medical stuff but I don't know your case with personal details....so I think you can go for it....good luck...Pasha

                  Comment


                  • #10
                    Pasha:

                    I definitely want to keep in touch with you. I plan to practive medical malpractice once I graduate from lawschool so you could help me with medical stuff ;-)

                    Comment


                    • #11
                      you are welcome aguila...please dont sue me if i go somewhere wrong... ...i m just kidding...but yeah you are most welcome if i can be any help to you....Pasha

                      Comment


                      • #12
                        Aguila:

                        How many personas are in you? Now you are going for medical malpractise law, and a month ago you were stating that you would like to enter the immigration field. Which one, Aguila - you do have to choose - jsut like in which wiaver you are seeking. Or do you want them all?

                        Now, you have already been advised that your case, unless you have poted not to discole the very COMPELLING evidence which would be required to bring about such a lwasuit, would be not heard.

                        Sorry, Pasha, altho the saying is bounced around in this country all the time, any lawyer worth a **** won't tkae on a case which is either 1. frivolous (as in the case with Aguila) or 2. that will be a no win situation for all.

                        Depsite what you hear about lawyers, most of them advise their clients and give counsel, before taking them down the road to litigation.

                        Anyway, there would have to be obvious "pecumiary damages" to seek...and Aguila to date has not alluded to any. This one is a NO GO, in my opinion.

                        Comment


                        • #13
                          Swissnut:

                          I will like to practice Medical Malpractice/Personal Injury/Immigration and maybe something else, I don't want to just practice in one are only.

                          As to the waivers, I am not applying for extreme harship because I don't qualify are you happy to read that? If I don't qualify I would not apply.

                          I would file the lawsuit myself if I pursue it

                          Comment


                          • #14
                            Aguila:

                            Ok, As you suggested "As to the waivers, I am not applying for extreme harship because I don't qualify ..." It neither makes me happy nor sad, it is just that having dtermined that you don;t qualify after such a thread of posts stating tht you would pursue that path, perhaps it might be agood idea to inform the rest of us why you don;t qualify.

                            That would be constructive information for all of the members. You were so convinced that you would prevail...and now you don't qualify. I don't get it!@#!

                            Comment


                            • #15
                              Swissnut:

                              Sometimes I really think that you are very clever and others I think you have some mental problem.

                              EXTREME HARDSHIP IF DEPORTED is another waiver that has nothing to do with the EXTREME MENTAL CRUELTY WAIVER.

                              Even though I will face HARDSHIP if I am ordered to depart the US, my hardship won't be extreme enough for them to grant me a waiver under this provision of the law.

                              Personally it would be EXTREME HARDSHIP the one I would face, because if I wouldn't left my country I would already have my Bachelor's Degree now, and if I had to go back I would have to go back and start from the beginning. I would have 'lost' 4 years of my life in the US to go back home with nothing and financially ruin due to student loans that I would have to pay, and a lot of other things, however, this waivers is almost impossible to prove and financial harship cannot be used, only if I would have a son/daughter would qualify, or if I would have a disease where no medical treatment exists in my country, or if all my family were here and I would be deported then that is extreme hardship as well, and sometimes even an alien presenting all these factors does not get approved on this waiver.

                              As to this thread if you read its title it never suggested any immigration-related thing, I mentioned DIVORCE ISSUESA and EMOTIONAL DISTRESS LAWSUIT.

                              Comment



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