May wives and husbands sue each other?

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Husbands and wives can, of course, sue each other for a divorce. They can also sue each other in connection with financial deals in which one may have cheated the other. The vast majority of states also allow one spouse to sue the other for deliberate personal injuries, such as those suffered in a beating. Some states allow husbands and wives to sue each other in connection with an auto accident in which one of them, who was the driver, accidentally caused injury to the other, who was a passenger. In effect, the person suing may be trying to collect money from an insurance company rather from the person's spouse. Many states, fearing that this would encourage collusion, do not allow such lawsuits.

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Sometimes the law treats an invalid marriage as valid if one person tricked the other into thinking that the couple had a valid marriage. If so, a court might not allow the deceiving partner to declare the marriage invalid. In legal terms, the court estops (a legal term meaning "prevents") the deceiving partner from denying that the marriage exists. In addition, a court may find that the doctrine of laches (or "long delay") prevents even the innocent party, who originally did not know about the invalid marriage, from having the marriage declared invalid if he or she did nothing for a long time after learning that the marriage was not valid.

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