By: | Did You Know? , Divorce 101

To obtain a divorce on the ground of cruel and inhuman treatment, the spouse seeking a divorce must provide details, including dates and locations, of specific incidents of cruelty towards the spouse carried out by the other spouse.

Heart CakeAll incidents described must have happened in the five years immediately before the divorce is started. To constitute cruel and inhuman treatment under the law, the spouse’s behavior must have so endangered the mental and physical well-being of the spouse seeking the divorce as to render it unsafe and improper for the parties to live together as husband and wife.

Physical, verbal, sexual or emotional behavior may be included. The behavior must have occurred while the parties were still living together.


When using this ground in your divorce papers, you should list at least three incidents of cruelty, including DATE, and LOCATION of where they happened and details of what your spouse did to you. Bad things your spouse did to other people (such as your mother or your children) do not count. The longer the marriage, the more serious the cruelty grounds have to be for the courts to consider them grounds for divorce.

Bear in mind that even though divorce papers are generally confidential, people are usually resistant to agreeing to a divorce alleging cruelty. If you want your divorce to stay amicable, it is generally a good idea to choose a less inflammatory ground for divorce if any other ground is available to you.