DIVORCE COSTS

If you are considering a divorce in Tennessee, you might wonder if you can claim damages that you hope will be paid to you for the pain and suffering your spouse inflicted upon you.In this article, we will provide some general information on this topic, but you should always consult with a qualified attorney for specific advice on your situation.

The pain and suffering of emotional distress awards in a divorce in Tennessee
- a general overview.

Emotional distress is a term of art in legal matters. It generally means any type of mental suffering that can result from a traumatic event or an accident. In some cases, a person who suffers emotional distress may be able to recover compensation from the party who caused the distress. However, in Tennessee, the law on emotional distress awards in divorce cases is very strict and limited.

There are two main ways to claim emotional distress damages in Tennessee: by proving intentional infliction of emotional distress (IIED) or by proving negligent infliction of emotional distress (NIED). Both of these claims require the plaintiff to show that the defendant's conduct was extreme and outrageous, that the conduct caused severe emotional distress, and that the distress was not a result of other factors.

In divorce cases, however, the courts have held that emotional distress damages are generally not available, unless there is evidence of physical injury or malicious conduct. For example, in **Medlin v. Allied Inv. Co.**, 398 S.W.2d 270 (Tenn. 1966), the court recognized the tort of IIED in Tennessee, but denied it to a wife who alleged that her husband's adultery caused her emotional distress. The court reasoned that marital infidelity was not sufficiently outrageous to warrant such damages.

Similarly, in **Harris v. Harris**, 2009 WL 891931 (Tenn. Ct. App. 2009), the court affirmed the dismissal of a husband's claim for NIED against his wife, who had falsely accused him of child abuse and domestic violence during their divorce proceedings. The court found that the wife's conduct was not outrageous enough to support an emotional distress claim, and that the husband had failed to prove any physical injury or impairment resulting from his distress.

It seems the conclusion that is very difficult to escape is -- it is very difficult to obtain emotional distress awards in divorce cases in Tennessee, unless there is clear evidence of physical harm or malicious intent by the spouse. The courts have set a high threshold for what constitutes extreme and outrageous conduct in the context of marital disputes, and have emphasized that emotional distress damages are not meant to compensate for ordinary marital problems or unhappiness.

Divorce and related family law is a complex topic. So we made a number of informational pages designed to help you and answer your questions as you move through the divorce process:

CHECK THESE LINKS RELATED TO DIVORCE AND FAMILY LAW