In january of this year i asked my husband for a divorce. He got mad and used his car as a battering ram and took out my car and the neighbors car. He was charged with felony damage to property and has to pay restitution for my old auto loan. I had to go out and get a new vehicle with a much higher loan payment when I shouldn't have had to in the first place. With him paying restitution for the old car can i sue him for the new one as well?
I am only answering your question in the context of family law, not his criminal case. The divorce court is one of equity and fairness. Wisconsin also is a no fault divorce state songhe courg cannot consider bad behavior as a factor in any of the issues that will be facing you with getting a divorce from your husband. However, with that being said and done, in my opinion, he should be held responsible for the value of the car that he damaged; if the car can be fixed, this would include the repair bill: if the car was totaled, then the value of the car. I know that answer is a bit different than the question you posed. Certainly an element of your damages against him could be considered by the divorce court as the difference between the amount of your current payment for your replacement car against the payment for your car he destroyed, among with any additional length of time,if any, you had to take out a new loan. Courts have discretion so it is entirely upon how strong the divorce court feels you have been wronged or damaged by your husband's erratic and dangerous behavior, understanding still, we are a "no fault" divorce state.
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