Divorce Attorneys, Civil Rights Violations

Most civil rights violations occur individually. That is, the right is unique to each individual, and claims resulting from a violation inure to the benefit of the individual as separate property. Pending claims owned by one spouse may nevertheless create sensitive issues during the dissolution of marriage. All divorce attorneys must consider the impact of dissolution upon these claims.

How divorce attorneys resolve claims

Questions frequently arise over disputed civil rights claims involving multiple defendants (employers, government agencies, law enforcement, etc.). Generally, the dissolution of marriage does not affect the liability of defendants, but may affect how potential damage awards are distributed between ex-spouses.

Consider an example of police brutality which results in personal injuries. Disability frequently causes harm to both spouses through payment of medical expenses, loss of employment, temporary unemployment, loss of consortium, and loss of services & companionship of a spouse, just to name a few. Each spouse has a vested financial interest. Divorce attorneys routinely negotiate agreed settlements and division of proceeds between spouses, pertaining to sums that may be collected from civil rights cases. Damage claims which depend on upon third party liability (the defendants) should always be resolved between spouses in the final decree by setting forth the relationship, rights, entitlements and duties between spouses. Terms chosen in settlement agreements also greatly influence the classification of damages (separate or joint community property) and ultimately, all property issues between spouses. The attorney responsible for the civil rights case must be consulted to insure claims and potential recovery issues are properly resolved while the family law court maintains jurisdiction.