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


Jason Ostendorf / Law Ofice of Jason Ostendorf

Answered 8 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.