No Longer Following the Rule of Thumb — What to Do with Domestic Torts and Divorce Claims
Kristyn J. Krohse | 1997 U. Ill. L. Rev.
Since the abrogation of interspousal tort immunity, courts and legislatures across the nation are recognizing causes of action for a growing number of torts between spouses. Though much of the tortious conduct occurs during the marriage, due to the nature of the situation, many spouses are not able to bring claims until the marriage is over and divorce proceedings are underway. By analyzing the special problems of joining these two suits--arising out of the same set of circumstances that with very different goals--this note discusses whether joinder should be permitted, required, or prohibited.