Cruel and Inhumane Treatment

The standard for a divorce based on cruel and inhuman treatment is high. It is stated that a divorce will be granted on this basis when “the conduct of the defendant so endangers the physical or mental well being of the plaintiff as it renders it unsafe or improper for the plaintiff to cohabit with the defendant.” In many cases a divorce on this ground has been denied when verbal abuse was the only factor. However, in cases where the verbal abuse is combined with any type of physical violence, the divorce will generally be granted particularly when there is objective proof of the violence, such as medical records.

This basis of divorce usually requires continuing conduct, not merely a one-time incident. In New York a five-year statute of limitations runs from the date of the last occurrence.

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