Tort cases are generally filed in state court and do not involve divorce.
However, the Doctrine of Interspousal Tort Immunity is a common law rule that prohibits a husband and wife from maintaining an action in tort against each other during marriage.
Torts are civil wrongs such as auto accidents and other personal injury cases. Thus, interspousal immunity in many instances may prevent a husband from suing his wife for injuring him in an auto accident.
The Doctrine of Interspousal Tort immunity has been justified on the grounds that immunity is necessary to preserve marital harmony and to prevent insurance fraud by a husband and wife.
You should know that some states still uphold interspousal tort immunity. Others have eliminated it altogether. In many of the states that do recognize it, the law provides exceptions depending upon the type of tort and the time, validity, and duration of marriage.
If you believe that your husband or wife has committed a tort against you, you should consult with a personal injury attorney in your state to see if your state recognizes interspousal tort immunity and, if so, whether your case would create an exception to the rule of interspousal tort immunity.
