Divorce Dex.com: Cruel and Abusive Treatment

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Definition Cruel and Abusive Treatment - ground for divorce in a fault action requiring the plaintiff to prove physical or emotional harm to himself or herself.

Application in Divorce A lawyer can advise on the meaning of cruel and abusive treatment in any jurisdiction. Depending on state law the definition of cruel and abusive treatment can be very straight forward or vague. The less defined this ground is, the more popular it is as a ground for filing for a divorce. For example, evidence to substantiate this ground may be as simple as reoccurring name calling, but this is not the case in all states or jurisdictions.

In a trial, the plaintiff retains the right to enter into evidence "the behavior of the parties during the marriage."

Failure to allege abuse in the complaint simply means the court cannot grant a divorce on this ground, but it is free to consider spousal abuse in making a decision.

See also Fault Divorce, No-Fault Divorce, Ground.

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