Taking Action

Get Answers Start Your Divorce Stop Your Divorce Divorce Forms Online Support DivorceDesk

Divorce Tools

Online Divorce Online Negotiation Custody Tracker QDRO Preparation SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

State Resources

California Florida Illinois New York Texas SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Generate Clients Free Network Page Submit Articles Case Management Sign In

The Divorce Encyclopedia
Cruel and Abusive Treatment

Term Definition Cruel and Abusive Treatment - ground for divorce in a fault action requiring the plaintiff to prove physical or emotional harm to himself or herself.
Application in Divorce A lawyer can advise on the meaning of cruel and abusive treatment in any jurisdiction. Depending on state law the definition of cruel and abusive treatment can be very straight forward or vague. The less defined this ground is, the more popular it is as a ground for filing for a divorce. For example, evidence to substantiate this ground may be as simple as reoccurring name calling, but this is not the case in all states or jurisdictions.

In a trial, the plaintiff retains the right to enter into evidence "the behavior of the parties during the marriage."

Failure to allege abuse in the complaint simply means the court cannot grant a divorce on this ground, but it is free to consider spousal abuse in making a decision.

See also Fault Divorce, No-Fault Divorce, Ground.

Add the Divorce Encyclopedia
to Your Website

The Research Center

Give Our Research Center a Try. Gain access to the same research material that lawyers often use to establish and win divorce cases. This material consists of legal journal articles and case explanation/analysis documents on a wide range of topics. If you think your situation is unique, your answers will most likely be here. In order to gain access to this area, you must establish an account, but you can search the documents before deciding.

The Divorce Source Difference

Since February 1st, 1997 (when we initially launched Divorcesource.com) we have helped millions of people contemplating or experiencing divorce. The reason we have been able to reach so many people is because we have made it a priority to listen to our customers. We have built a trust by listening and delivering what the customer needs, rather than what we think they want. This is the Divorce Source difference.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

Custody Scheduling and Tracking

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:


Start Your Divorce File for Divorce


Settle Your Divorce Negotiate Your Divorce


Track Child Custody Track Custody & Visitation

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site