DivorceToday.com

WHAT CONSTITUTES "CRUEL AND INHUMAN" TREATMENT?

  • The treatment of the Plaintiff by the Defendant must rise to the level that the physical or mental well being of the Plaintiff is endangered and making it unsafe or improper for the Plaintiff to continue living with the Defendant.
  • You cannot obtain a divorce simply because you do not get along with your spouse ("irreconcilable differences") or because you have arguments or because of an isolated act in an otherwise long and peaceful marriage.
  • All acts must have happened within five (5) years of the date the summons is filed with the County Clerk.
  • In describing the specific acts of cruelty, you must be clear and to the point. You must supply the court with details like dates and places. If you do not remember the exact date, use the words "on or about".
  • After describing the acts of cruelty you should conclude with the following language: "The conduct of the Defendant was cruel and inhuman and so endangered the physical or mental well being of the Plaintiff as to render it unsafe or improper for the Plaintiff to cohabit with the Defendant."