Cruelty, in the context of divorce law, refers to actions by one spouse that cause harm or suffering to the other spouse. This can include both physical violence and emotional abuse. To qualify as grounds for divorce, the acts of cruelty must be significant and demonstrate a breakdown of the marriage. Courts evaluate each case individually, considering the severity and frequency of the alleged acts.
Cruelty is primarily used in family law as a basis for divorce. It can involve claims of physical abuse, emotional distress, or other harmful behaviors that jeopardize the safety and well-being of a spouse. In some cases, if spouses have not lived apart for the required duration, they may alternatively cite irreconcilable differences or mental cruelty as grounds for divorce. Legal forms related to divorce proceedings often include sections addressing allegations of cruelty.
Here are a couple of examples of abatement:
Example 1: A spouse repeatedly threatens physical harm, causing the other spouse to fear for their safety. This could be classified as physical cruelty.
Example 2: A partner consistently uses derogatory language and humiliates the other in front of family and friends, which may be deemed mental cruelty. (hypothetical example)
| State | Grounds for Divorce |
|---|---|
| California | Irreconcilable differences or cruelty. |
| New York | Physical or mental cruelty must be proven. |
| Texas | Cruelty must be severe enough to justify divorce. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Description | Difference |
|---|---|---|
| Cruelty | Actions causing harm or suffering in a marriage. | Focuses on harmful behavior by one spouse. |
| Abandonment | One spouse leaves the other without consent. | Involves physical separation rather than harmful actions. |
| Irreconcilable Differences | Fundamental disagreements that make reconciliation impossible. | Does not require proof of harmful behavior. |
If you believe you are a victim of cruelty in your marriage, consider the following steps:
For complex situations, professional legal help may be necessary.
Browse our library of 85,000+ state-specific legal templates.
Cruelty includes actions that cause physical harm or emotional distress, such as abuse or neglect.