Posted by DivorceLine in Grounds for Divorce: Cruelty
In addition to no-fault grounds, most states still provide traditional or fault grounds for divorce. The fault grounds or reasons for divorce vary from state to state. Cruelty is a specific fault ground for divorce in most of the states that allow fault-based divorces. Prior to the introduction of no-fault divorce grounds, cruelty was the most frequently used reason in seeking a divorce.
Among the states, there is great variance in the definition and in the actions that are considered cruel. State laws that define cruelty as a ground for divorce require more than showing that your spouse has a temper. Generally, cruelty involves actions that harm or endanger mental or physical health.
To be a reason for divorce, the mental or physical cruelty must be severe enough that it is not proper or safe for the couple to continue living together. The treatment must be more than mere incompatibility between husband and wife.
Acts Considered to be Cruel
Examples of acts that have been considered cruel are:
a) Physical attacks upon a spouse
b) A spouse, knowing he or she is afflicted with a sexually transmitted disease, continues to maintain sexual relations and communicates the disease to the other spouse, who did not know about the disease
c) Repeatedly yelling, screaming or displaying rage
d) Constantly criticizing a spouse’s abilities as a homemaker, breadwinner, parent or spouse
e) Staying away from the house too often without an explanation
f) Publicly flaunting a relationship with another man or woman
g) Wrongfully accusing the other spouse of adulterous relations with another man or woman
Several states allow divorce based on a similar but less strict ground of “indignities” or “neglect.” State laws that define indignities refer to mental abuse.
