Can a spouse seeking a divorce be liable for intentional infliction of emotional distress?

The rationale for arriving at the conclusion that a spouse seeking a divorce is not liable for intentional infliction of emotional distress centers around the legal rights granted to individuals in family law matters. When a spouse initiates a divorce, they are exercising their legal right to dissolve the marriage, which is recognized by law as a necessary and legitimate action. This status generally affords them protection from liability pertaining to the emotional distress claims that may arise during the process.

In the context of intentional infliction of emotional distress, a claim typically requires some extreme and outrageous conduct that goes beyond normal or acceptable behavior. The mere act of seeking a divorce or engaging in discussions related to marital dissolution does not inherently rise to this level of conduct, even if the communication is direct or confrontational. Individuals are expected to navigate the emotional challenges associated with divorce without fear of legal repercussions for simply asserting their rights to end the marriage.

Consequently, the nature of the process and the legal framework in place protect spouses engaging in these actions from being deemed liable for causing emotional distress in the context of exercising their legal rights. This reinforces the idea that family law provides a kind of immunity for actions taken in good faith as part of the divorce process.