Definition of Cruel And Inhuman Treatment

Cruel and inhumane treatment can include any harsh and negative treatment of one spouse towards another including “assault or physical attacks, refusal of sex or forced sex, public adultery, threats of deportation, verbal abuse, mental or physical intimidation, threatening to remove the children or physical abuse of the children.”

Cruel and inhumane treatment is a legal ground for filing divorce and allows the court to determine if one person is no longer safe living with their spouse. Historically, couples needed to establish their spouse was at fault to legally file for divorce. With the institution of no fault divorce it is less important for a spouse to prove cruel and inhumane treatment or any other negative behavior of their spouse to file for divorce.

Cruel and inhumane treatment, however, is still a legal ground for divorce if needed. To prove cruel and inhumane treatment the courts will need some type of evidence or corroborating testimony. This could include eye-witness testimony, emails, voice mails or video of the offensive actions. Although many courts do not consider the cause of the divorce when distributing property or spousal support, if you can prove cruel and inhuman treatment it can, in some cases, affect child custody, visitation and the distribution of marital assets.

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