How to Prove Cruel and Inhuman Treatment in a NY Divorce

If you’re suffering under terrible treatment in your marriage, we can help you break free. Cruel and inhuman treatment is a legal ground for divorce in New York, and it’s easier to fight for a divorce on this ground when you have a good lawyer in your corner. If you have suffered alone in your marriage, you shouldn’t have to suffer alone through a divorce. Below, we review how a divorce like this works.

What Is Cruel and Inhuman Treatment?

New York law defines cruel and inhuman treatment as conduct from a spouse that endangers the physical or mental well-being of the other spouse and makes it unsafe or improper for the couple to continue living together. Remember, this kind of treatment is not exclusively about physical abuse. Victims of strictly mental abuse can also have grounds for this kind of divorce.

In general, your spouse’s cruel, inhuman treatment is a divorce ground if it is habitual. The divorce court is unlikely to grant a divorce based on your spouse’s terrible treatment if it is an isolated incident in an otherwise peaceful marriage. In that case, you could still seek a no-fault divorce based on the irretrievable breakdown of the marriage.

How Do I Prove Habitual Cruel and Inhuman Treatment?

When you present your evidence to the court, it’s important to be specific. Be specific about the date of each occurrence, what was done, what was said, and what effect each occurrence had. There are many ways to prove poor treatment, including;

  • Your testimony,
  • The testimony of other witnesses,
  • Medical reports,
  • Phone messages (text or voice),
  • Recordings,
  • Pictures, and
  • Emails.

If your spouse’s cruel behavior took place more than five years ago, the court might dismiss your divorce petition. Speak to an attorney as soon as you safely can if you’re suffering terrible treatment in your marriage and you’re contemplating a divorce. A knowledgeable family law attorney can gather the right evidence and file your case in a timely fashion to preserve your rights and protect you.

How Do I Protect Myself During Divorce Proceedings?

Divorce proceedings can be contentious and stressful, even in some of the “best” situations (relatively speaking). If your spouse is prone to abusive behavior, we imagine you are nervous about initiating divorce proceedings. One way to protect yourself during this time is to file a Family Offense petition to get a protection order against an abusive spouse.

With this type of order, your spouse might have to move out, stay away from you and your children, or refrain from owning weapons. Unfortunately, a protection order can’t eliminate all possibilities of abuse, but it gives you more backing from the court and police if you find yourself in a potentially dangerous situation.

We Can Provide High-Quality Representation When Your Life Is in the Balance

If you’re contemplating divorce because of your spouse’s cruelty, we know you’re already exhausted. Leave the fighting to us. With attorney Ruben Stepanian at the helm, Stepanian Law Firm has a highly skilled family law team based in Manhattan. We’re attentive listeners, compassionate legal advisors, and aggressive advocates. We’re here to tailor our legal strategies to your unique family law needs. Please reach out to us for an attorney who can champion your rights—your call is welcome. You can call us at 646-596-6874 or contact us online.


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