Cruel and Abusive Treatment

Ground for divorce in a fault divorce, wherein the plaintiff must prove physical or emotional harm to her or himself.

Ground for divorce in a fault divorce, wherein the plaintiff must prove physical or emotional harm to her or himself. Ask your lawyer for the legal definition in your state. If you forego this claim, you always retain the right at trial to enter into evidence "the behavior of the parties during the marriage." See Fault and no-fault Divorce. Failure to assert abuse in the complaint simply precludes the court from granting a divorce on this ground, but the court is free to consider evidence of spousal abuse in making its decision.