Can I file a civil suit against my husbands ex-wife for harassment?

04/28/2009 - Civil Actions - State: ALL #16251

Full Question:

My fiance and I have lived together for 2 years. His ex-wife keeps taking him back to court for different things. She received quite a bit of settlement in their divorce, but keeps taking him back to court because she states that he hid money, but she accepted the terms of the divorce. It weighs heavy on our relationship that she can keep doing this. I want to try to stop this, even if it just to intimidate her a little bit. Is there any type of suit that I can file against her, alienation of affection?

Answer:

Alienation of affections is a crime that isn't recognized by Texas law and deals with the seduction of a married person. It doesn't apply to unmarried couples.

Frivolous lawsuits are those filed by a party or attorney who is aware they are without merit, because of a lack of supporting legal argument or factual basis for the claims. Frivolous lawsuits waste time, money, and judicial resources, and fines and/or sanctions may be imposed upon a party or their attorney for filing such a claim.

Frivolous lawsuits may be filed for purposes of harassment or coercion, such as to coerce the defendant into paying more or accepting less money than is rightfully due. They may be filed due to lack of due diligence by an attorney in investigating a client's claim, or other reasons. Generally, the defendant must win the lawsuit before seeking a remedy for the frivolous claim.

In order to recover damages for malicious prosecution, it must be shown that the other party acted with malice and no probable cause existed for bringing the claim. The existence of probable cause is a complete defense to a claim for malicious prosecution. "Probable cause" is satisfied if any reasonable attorney would have thought the claim could succeed.



Please see the information at the following links:

http://definitions.uslegal.com/a/alienation-of-affections/
http://definitions.uslegal.com/f/frivolous-claims/
http://definitions.uslegal.com/c/civil-causes-of-action-malicious-prosecution/
http://definitions.uslegal.com/b/barratry/

04/28/2009 - Category: Civil Actions - State: ALL #16251

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