• A divorce proceeding is heard by a Judge, whereas, a civil proceeding is tried to a jury. Oftentimes juries are more sympathetic to claims of assault than are Judges;
   
• Tort claims may complicate and prolong the divorce proceedings which oftentimes involve children;
   
• Certain awards for injuries suffered during the marriage may be discharged in bankruptcy if the issues are litigated outside of the divorce process. If the claims are brought as a part of the divorce action, the injured spouse may receive a larger share of the marital property or spousal maintenance rather than a personal injury award. Property settlements and spousal maintenance awards are not likely to be discharged in bankruptcy proceedings;
   
• There may be statute of limitation problems if the claim is brought outside of the divorce proceeding. Divorce proceedings may be time consuming affairs. The applicable statute of limitation for torts is two years from the date of the incident or the discovery of the incident. This statutory period may be extended to four years if the claim involves relief under the Violence Against Women Act which is a federal civil rights claim.

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