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What is Extreme Cruelty and How Do I Prove It?
(provided by Ann O'Flanagan, Esq.)
EXTREME CRUELTY - This is the most commonly used ground for divorce. More than one-half of the divorces in New Jersey are based on extreme cruelty. This ground includes all acts of physical violence and acts of mental cruelty which endanger your safety or health or which make continued living together unreasonable or improper. There is no waiting period.
COMMON FACTORS FOR EXTREME CRUELTY ARE AS FOLLOWS:
1. FINANCIAL
- too tight denial of necessities
- too extravagant
- too much credit use
- refusal to use credit
- neglect monthly payments
- unreasonable spending habits on himself, wife, children
- disputes about control
- erratic employment
3. ALCOHOL, drugs, gambling and related activities
4. SEXUAL problems
- inconsideration
- refusal of sexual intercourse
- sexual excess
- unreasonable demands
- perversions
- impotence
- homosexuality
- psychological, dating other persons (but no adultery or deviant sexual conduct).
- chores refusal
- not fulfilling role as father, husband, supporter
7. SOCIAL activities
- lack of
- excessiveness
8. Offensive LANGUAGE (in public or private)
9. Physical ABUSE, violence
10. Lack of PERSONAL HYGIENE, cleanliness
11. Lack of initiative, AMBITION
12. PERSONALITY hang-ups and conflicts
- cold shoulder treatment
- domineering spouse
14. THREATS, of violence, desertion, etc.
15. JEALOUSY, false accusations
16. Bad TEMPER
17. MENTAL ILLNESS, neurotic behavior, emotional stability
18. CRIMINAL tendencies, convictions
19. RELIGIOUS abuses
20. POOR DRIVING habits; accident
21. UNREASONABLE OBSESSIONS with the occult, gurus, psychics, meditation
22. PROVOCATION and retaliation
23. INDIFFERENCE
24. Lack of AFFECTION
25. NAGGING
26. Refusal to have CHILDREN
To file a Complaint based on extreme cruelty you must state in writing that your husband is guilty of conduct which you find unreasonable. The standard for determining whether his conduct is unreasonable is SUBJECTIVE. Subjective is what you find to be unreasonable, not what someone else would find unreasonable.
Information provided by:
Ann O'Flanagan
Go to:
New Jersey Articles and Resources
New Jersey Divorce Laws
New Jersey: Start Your Divorce
New Jersey Divorce Forum
New Jersey Divorce Source
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