1. TORT
   1. DEFINED
      1. A Private or Civil Wrong or Injury
         1. THAT RESULTS
            1. FROM A BREACH OF A LEGAL DUTY
            2. THAT EXISTS
            3. BY SOCIETY'S EXPECTATIONS RATHER THAN BY A CONTRACT OR PRIVATE RELATIONSHIP
   2. ELEMENTS OF TORT
      1. LEGAL DUTY OWED BY A DEFENDANT TO A PLAINTIFF
      2. BREACH OF LEGAL DUTY OWED
      3. CAUSATION: DAMAGES ARE DIRECT RESULT OF BREACH
      4. ACTUAL DAMAGES & HARM
2. INCIDENTS OR BEHAVIORS
   1. OCCURRING
      1. WHO
         1. BETWEEN SPOUSES
         2. THIRD PARTIES
            1. Ex-spouses aren't the only people at risk of being a party to a marital tort action. For example, if the underlying tort is fraud or spoliation of evidence for hiding assets, lying about the value of assets, or transferring assets to deprive a spouse from having the asset included in the marital or community estate during a dissolution of marriage, anyone who assisted in the wrongful activity is at risk. It could be an accountant, a bookkeeper, a lawyer, a stockbroker, a family member or a friend.
      2. WHEN
         1. DURING MARRIAGE
         2. DURING DIVORCE
         3. AFTER DIVORCE
3. TYPES OF MARITAL TORTS
   1. WHAT
      1. ASSAULT
      2. ASSAULT & BATTERY
      3. RAPE
      4. NEGLIGENT SPOILATION OF EVIDENCE
      5. INTENTIONAL SPOILATION OF EVIDENCE
      6. TRANSMISSION OF VENEREAL DISEASE
      7. INTERFERENCE WITH CUSTODY
      8. HARASSMENT
      9. FRAUD
      10. INVASION OF PRIVACY; WIRETAP
      11. FALSE IMPRISONMENT
      12. CONVERSION
4. OTHER CLAIMS
   1. R.I.C.O.
      1. TREBLE DAMAGES
      2. ATTORNEYS FEES
   2. Violence Against Women Act of 2000 (VAWA)
      1. COMPENSATORY DAMAGES
      2. PUNITIVE DAMAGES
      3. ATTORNEYS FEES
      4. ELEMENTS
         1. CRIME OF VIOLENCE
         2. LEVEL OF FELONY
         3. GENDER MOTIVATED CONDUCT
         4. NO CHARGE NECESSARY
         5. DOESN'T HAVE TO BE CLASSIFIED AS FELONY IN THE STATE WHERE BEHAVIOR OCCURRED
5. STRATEGY ISSUES
   1. JOIN TORT CLAIMS WITH DIVORCE ACTION?
      1. ADVANTAGES
         1. TOTAL EXPENSES FOR LEGAL FEES & COSTS ARE REDUCED
         2. EVIDENCE IN DIVORCE CASE CAN BE USED IN TORT CASE
      2. DISADVANTAGES
         1. JUDGE INSTEAD OF JURY; TORT AWARDS ARE REDUCED
      3. SOME STATES REQUIRE IT; OTHERS PERMIT; OTHERS DO NOT
   2. STUPID LAWYER TRICKS
      1. DEEP POCKET PROBLEM
         1. RESOLVE BY JOINING LIABLE THIRD PARTIES WITH MONEY
            1. HOMEOWNER'S INSURANCE COVERS NEGLIGENCE
            2. POLICE FAILED TO UPHOLD COURT ORDERS
            3. ACCOUNTANT WHO FAILED TO DISCLOSE
            4. FAMILY MEMERS OR FRIENDS WHO HELP HIDE CHILDREN; PREVENTING PARENT FROM ACCESS TO THEIR CHILD
      2. IGNORE CLIENT AND TORT ISSUES BECAUSE NO LIKELY AWARD
         1. MALPRACTICE
6. Marital Torts, New Way to Handle Fault in a Divorce.pdf