In a contentious divorce, what is a legal remedy against the spouse who attempts to have his/her spouse committed for psychological evaluation?

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In a contentious divorce, what is a legal remedy against the spouse who attempts to have his/her spouse committed for psychological evaluation?

The attempted commitment would be involuntary. The targeted spouse displays no evidence of harm to self or others and can be substantiated by friends and family. The motive of the spouse is to intimidate and cause fear before the divorce trial pressing for out of court settlement.

Asked on July 10, 2012 under Family Law, Georgia

Answers:

Jason Ostendorf / Law Ofice of Jason Ostendorf

Answered 11 years ago | Contributor

Most states have rules or statutes allowing a party to file a motion requesting the court to award attorney's fees against an opposing party who files a frivolous claim or paper with the court.  If there is absolutely no factual basis to even believe that committment may be appropriate under the law, then you may have grounds to file a motion for attorney's fees once the opposing spouse's request is denied.  Unless you are seeking a Maryland divorce lawyer for a divorce in the state of Maryland, I am unfamiliar with the specific laws of your jurisdiction.  As a result, you may wish to obtain opinions from local divorce lawyers before filing a motion for attorney's fees.


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