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Definition Spousal Abuse - mental, physical and emotional harm inflicted by one spouse on the other.
Application in Divorce In fault divorces, spousal abuse, in one form or another, is a ground for divorce in a fault action in which the plaintiff must prove physical or emotional harm to herself or himself.

Often called cruel and abusive treatment, the legal definition of spousal 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.

Indifference is not the same as abuse, but it can difficult to live with. Many couples drift toward marital breakdown because indifference in marriage makes for a loneliness that seems punishing.

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