I didn't file the "marital tort" because it would have been expensive. I paid the extra $300. for the extreme mental cruelty. This worked because My ex's attorney knew that I could win if it went to court. I had a hospital record, from when he gave me a black eye, I had records from a Domestic Violence shelter, I stayed there one night, and had marks on my neck, I had therapist records, and psychiatrist records diagnosed me as anxiety attacks, panic attacks, PTSD, caused by the marriage. All the friends were hearsay.
My ex had already agreed to give me $5000. for the scar on my face, this was proof enough that he caused it.
After his attorney received my petition for extreme mental cruelty, and knowing that I was thinking about a "marital tort", things went a lot more smoothly for me.
I did a lot of research on marital torts, and the abuse does not have to be physical. It has to be "egregious behavior".
I never intended to proceed with the marital tort, but the mention of it, and filing for extreme mental cruelty, sure did help my case.
After I got what I wanted I also dropped the extreme mental cruelty part, it would have only cost me more money to pursue that.