James Overholser appeals from the trial court’s denial of his motion for summary judgment pursuant to an interlocutory appeal, wherein he asserts that the complaint filed by plaintiff, and former wife, Connie Nash, alleging five counts of assault and battery by him during the course of their marriage, was barred due to the res judicata effect of the decree of divorce entered between them. The court also granted partial summary judgment in favor of Overholser for Nash’s failure to file within the statute of limitations as to all but one count of assault and battery. The grant of partial summary judgment is not before us on appeal.
The salient facts follow: After almost four years of marriage, Nash filed a complaint for divorce from Overholser on August 29,1984. The complaint cited irreconcilable differences as the grounds for divorce. Overholser failed to answer the complaint, but the parties entered into a stipulation relating to disposition of their property which was executed on March 4, 1985. A magistrate judge entered decree of divorce on March 6, 1985. On January 13, 1986, Nash filed complaint against Overholser alleging five instances of assault and battery which occurred on December 20, 1980, June 8, 1982, August 10, 1983, August 15,1983, and April 12,1984, respectively. All but the last of these counts were subject to the trial court’s order of partial summary judgment as barred by the statute of limitations. The last incident of April 12, 1984, which is not barred by the statute of limitations, appears to be the most significant of the instances of abuse. In that count, Nash alleges she received a permanent injury to her right arm when Overholser allegedly threw her against the corner of a shower. Overholser moved for summary judgment on all five counts on *462grounds that all counts were barred by the doctrine of res judicata, alleging that the subject matter embodied by the allegations of assault and battery, which occurred during the course of marriage, was within the scope of matters which could have been addressed by the divorce court. The trial court denied the motion, stating that “where there is a tort action and where damages are sought, [a divorce action] is not the proper forum for resolution. The general law is that parties are free to litigate points which were not at issue in the first proceeding.” We affirm the trial court, but note that the instant case falls under a limited and unique exception to this Court’s traditional interpretation of the concept of res judicata.
Ordinarily, the doctrine of res judicata requires that all claims or issues which were, or could have been, litigated in a previous action between the same parties, are barred from later prosecution. McDonald v. Barlow, 109 Idaho 101, 705 P.2d 1056 (Ct.App.1985); Duthie v. Lewiston Gun Club, 104 Idaho 751, 663 P.2d 287 (1983); Compton v. Compton, 101 Idaho 328, 612 P.2d 1175 (1980). Further, Idaho courts have jurisdiction to, and have in fact, addressed and resolved issues of intentional wrongful conduct occurring during the course of marriage while handling general divorce proceedings. Milbourn v. Milbourn, 86 Idaho 213, 384 P.2d 476 (1964). Nash’s allegations could have been litigated during the divorce proceedings.
However, there are considerations unique to cases such as this which compel us to acknowledge a narrow exception to our traditional interpretation of the doctrine of res judicata. These concerns are aptly explained in Stuart v. Stuart, 140 Wis.2d 455, 410 N.W.2d 632 (Ct.App.1987), which we cite with approval. Stuart presented a factual scenario strikingly similar to that in the instant case. The court in Stuart refused to apply the doctrine of res judicata to preclude a subsequent tort claim filed by a former wife against her former husband. The court noted that mandatory joinder of tort claims with equitable divorce proceedings may be undesirable, as well as unfair. If the former wife is forced to bring her claim for damages either simultaneously with, or prior to, her complaint for divorce, she will be:
... forced to elect between three equally unacceptable alternatives: (1) Commence a tort action during the marriage and possibly endure additional abuse; (2) join a tort claim in a divorce action and waive the right to a jury trial on the tort claim; or (3) commence an action to terminate the marriage, forego the tort claim, and surrender the right to recover damages arising from spousal abuse. To force such an election would require an abused spouse to surrender both the constitutional right to a jury trial and valuable property rights to preserve his or her well-being. This the law will not do.
Stuart, 410 N.W.2d at 638.
These concerns are equally valid in Idaho. Divorce proceedings should be handled expeditiously and with a view toward minimizing emotional trauma; such proceedings certainly should not serve as a catalyst for additional spousal abuse. Also, in Idaho, a complaint for dissolution proceeds in equity, Rudd v. Rudd, 105 Idaho 112, 666 P.2d 639 (1983), and a jury is not employed. A former spouse should not be required to forego his or her right to jury trial simply to satisfy the doctrine of res judicata, particularly where, as here, the objectives of that doctrine do not compel such a result.
[Requiring joinder does not fulfill the objectives of the res judicata doctrine. Res judicata seeks judicial economy in the conservation of those resources parties would expend in repeated and needless litigation of issues [which were or might have been] resolved in a single prior action____ [D]ivorce and tort actions lack an identity of causes of action or claims. Applying the res judicata doctrine to bar the tort action fails to achieve the doctrine’s objectives and would be fundamentally unfair. Therefore, we conclude that a doctrine of res *463judicata cannot act as a bar to [a post-divorce] tort action.
Stuart, 410 N.W.2d at 635-36.
We are persuaded by the reasoning of Stuart. The purposes of the doctrine of res judicata would not be served by prohibiting Nash from pursuing her timely-filed tort claim subsequent to the entry of her decree of divorce.
It is also important to note that Nash’s tort allegations were neither pleaded nor addressed during the divorce proceedings and, in fact, Mrs. Nash’s complaint alleged irreconcilable difference, not physical or mental cruelty, as the grounds for divorce. Further, this divorce proceeded on a default by Overholser. Had Overholser and Nash subjected themselves to the divorce court’s jurisdiction regarding the tort claims, the concerns attendant to the concept of res judicata would have been implicated, but such is not the case here.
The order of the trial court is affirmed. Costs to respondent. No attorney fees awarded.
SHEPARD, C.J., BAKES and BISTLINE, JJ., concur.