Grounds for Divorce: Cruel and Inhuman Treatment
Albany, New York, Family Law Attorneys
New York is the only state that continues to require grounds for divorce. One of the most common grounds for divorce is "cruel and inhuman treatment," which usually involves some sort of physical or emotional abuse. In divorce proceedings, it is necessary to prove cruel and inhuman treatment or another ground for divorce.
For a free consultation, call 866-377-0285 or contact us online.
Cruel and Inhuman Treatment
Cruel and inhuman treatment involves acting in such a way that is detrimental to another individual's mental, physical, or emotional well being. To qualify as a ground for divorce, the behavior must render the marital relationship unhealthy so that it would be unsafe and improper to continue to cohabit as husband and wife. Specific examples of this behavior may include:
- Controlling behavior by spouse
- Abandonment or lack of physical intimacy
- Name calling and/or verbal abuse
- Humiliation
- Making degrading comments
- Physical violence or threat of violence
- Emotional abuse
- Adultery (in some cases)
- Alcohol or drug abuse
To constitute cruel and inhuman treatment, the incident(s) must have occurred within the last five years.
Other grounds for divorce in New York include:
- Abandonment
- Imprisonment
- Adultery
- Judgment of Separation — Living apart for one or more years
Determining Grounds for Divorce
Are you considering divorce but have not taken the step to file because you are unsure as to your grounds for divorce? At Colwell, Colwell & Petroccione, LLP, we can explain the various grounds for divorce and help you determine which most accurately describes your circumstances.
Start with a Free Consultation
For a free consultation with a family law lawyer in Albany, New York, call today at 866-377-0285, or contact us online.
