Definition Abuse - ground for divorce in a fault divorce in which the plaintiff must prove physical or emotional harm to herself or himself.
Application in Divorce Often called cruel and abusive treatment.

The legal definition of abuse varies from state to state. At a trial what is known as the "behavior of the parties during the marriage" may be entered into evidence. Failure to assert abuse in the complaint precludes the court from granting a divorce on this ground, but the court is free to consider spousal abuse in making its decision.

Beyond being a valid reason to divorce, it is essential for all abuse victims to get help. Whether physical or verbal, the emotional impact abuse can have on any adult or child can be lasting. Proper counseling can help. Many local and national organizations provide the resources, advice, and direction to help get the healing process started.

See also Fault and No-fault Divorce, Batterers, Batterers Profile.

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Questions & Answers
Helpful Tips & Facts
  1. Abuse Escalates Without Notice
    Domestic abuse escalates, and no one need live in fear of it. Over time the level and amount of abuse will typically increase and the abused often times does not recognize this as soon as they should.
Additional Resources
Child Abuse Statistics, Research and Resources
The study of child abuse and its potential long-term effects – initially psychological and behavioral effects in men, more recently effects on biology and regulation of emotions – as well as treatments to help people recover from child abuse.
Child Abuse: Types, Signs, Symptoms, and Help
Child abuse is both shocking and commonplace. Child abusers inflict physical, sexual, and emotional trauma on defenseless children every day. The scars can be deep and long-lasting. Unfortunately, the more subtle forms of child abuse such as neglect and emotional abuse can be even more traumatizing than violent physical abuse.
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