Cruel and Inhuman Treatment Divorce
Divorces happen for many different reasons. In the best of circumstances, the couples simply grew apart. Unfortunately, this is not the case in all situations of marital dissolution. Often clients will ask for the divorce under grounds of “cruel and inhuman treatment”. The courts will evaluate both allegations of physical or mental cruelty. The living situation of the divorce-seeking spouse must be such that the courts believe it has become unsafe for the two parties to continue to share a residence together. When this allegation has been offered to the court with evidence of physical or mental cruelty the court will allow no defense of either justification (“she/he deserved it because…) or even forgiveness. Acts found by courts to be considered cause for a “cruel and inhumane treatment divorce” may differ per circumstance, but may include:
- Assault or physical attacks
- Refusal of sex or forced sex
- Public adultery
- Verbal abuse or intimidation
- Threats of deportation
- Threatening of children, either by removal or physical abuse of child
Inhuman treatment is a valid reason for divorce in New York
The court will review whether or not these acts of cruelty were isolated events before determining whether or not this is an appropriate grounds for divorce in NY. For example, if the actions were inconsistent or out of character, then the court would be less likely to come to the conclusion that this is an appropriate grounds for divorce. The granting of a cruelty-based grounds is not something the court takes lightly. The court requires that the petitioning spouse show that the cruel behavior was consistent and repetitive. It will also make its determination upon the extremity of the acts, ie that they were of such an extreme nature that they were a danger to the health and well-being of the petitioning spouse. Generally speaking, you cannot cite crude or impolite behavior as that is insufficient for the awarding of a fault-based divorce. A cruel and inhuman divorce NY requires evidence. The innocent spouse is required to corroborate his or her testimony with actual evidence of cruelty (ie, eye-witness testimony, video, emails) and must also able to provide a correlation between the acts and the eventual breakdown of the marriage.
When making the determination of “fault” the courts will be extremely fair-minded as these types of allegations have lasting repercussions upon asset distribution, as well as, the custody and visitation of minor children. Therefore, you and your New York family attorney will need to discuss the collection and presentation of evidence thoroughly before submitting any emergency orders and petitions that involve allegations of this type. It is possible to get a cruel and inhuman treatment divorce NY but you must meet the appropriate criteria due to the negative implications of such.
