Law

How to Claim Damages from Divorce

Relationships that go sour never leave us the same. They take parts of us, including time, and literally our lives. Some aftermath is more reaching to the soul and can cost money and mental sanity. While no one can adequately pay for things like life, time, emotions, and mental wellness, the law tries to make it possible to get reparations from relationships. They have sometimes been termed “damages” or “alimony” in legal documents. So, how do you claim damages from a divorce? Well, here is what any of the divorce lawyers in MA would tell you. 

The issue of property division in divorce in the United States varies from place to place. However, for most places, it should be divided equally. Divorce lawyers in MA will tell you that damage classifications in marriages are of two kinds. There is marital property, and there is nonmarital property.

Marital Property: This property refers to the things that were gotten during the marriage. For instance, a house jointly bought by the couple after signing marital vows is marital property.

Nonmarital property: This property refers to things that you and your spouse got independently without the marriage.

Now, there are civil damages. Civil damages are the claim that a partner requires from the other because of the things they suffered from the abusive partner. There are two categories of civil damages, viz:

Economic damages: Here, you, as the plaintiff, would request monetary values from your partner (the defendant) for an injury they did to you. Examples include expenses or losses from a breached contract, wages they made you lose, business profit costs.

 Noneconomic damages are your claim for a disability caused by personal injury, pain, and suffering or defamation.

If you are reaching divorce lawyers in MA, they’d let you understand all of these, and based on the evidence you have, they’d explain the possible claims you can get. Your divorce attorney can then file for the ones possible for you. 

The court would evaluate your evidence. They will analyze your case, the type of loss that the damage can compensate for. That is, they would see if the evidence you provide aligns with the damage you are filing for. That will be on your attorney. If your attorney is sound, no worries; they got you. Once sorted, the damages that can compensate you for economic losses would be gotten, and the spouse’s income can cover any of the losses in this category. It is also possible to get compensations for pains and suffering that would not bear the tag of marital property, but nonmarital property. That is because it is a loss that the plaintiff (you) endures. However, if your divorce lawyer plays his or her card well, you will be compensated.