New Jersey Divorce Source: What is Extreme Cruelty and How Do I Prove It?

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What is Extreme Cruelty and How Do I Prove It?

Information 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:

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

Embarrassing, humiliating experiences (public and private)
Alcohol, drugs, gambling and related activities
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).

Domestic irresponsibility

chores refusal
not fulfilling role as father, husband, supporter

Lying, fraud
Social activities

lack of
excessiveness

Offensive language (in public or private)
Physical abuse, violence
Lack of personal hygiene, cleanliness
Lack of initiative, ambition
Personality hang-ups and conflicts

cold shoulder treatment
domineering spouse

Arguments caused by husband
Threats, of violence, desertion, etc.
Jealousy, false accusations
Bad temper
Mental illness, neurotic behavior, emotional stability
Criminal tendencies, convictions
Religious abuses
Poor driving habits; accident
Unreasonable obsessions with the occult, gurus, psychics, meditation
Provocation and retaliation
Indifference
Lack of affection
Nagging
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, Esq.

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