Cruel and Inhuman Treatment

Cruel and inhuman treatment is one legal ground for divorce. Under this ground, the courts will determine whether it has become unsafe for one spouse to remain in a shared residence with the other spouse. Acts found by courts to be considered cause for a "cruel and inhumane treatment divorce" may differ per circumstance, but may include 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.

Prior to granting divorce under this ground, the court will expect the behavior to be consistent and repetitive. The court will also expect evidence or corroborating testimony for the evidence of behavior (eye-witness testimony, emails, voice mails or video). Courts attempt to be objective when evaluating the evidence and allegations of cruel and unusual punishment. Cruel and inhuman treatment can have an impact on child custody and visitation and the distribution of marital assets. Because states now have no-fault divorce laws the need to prove cruel and inhuman treatment may be unnecessary as a condition for the divorce.