NYC emotional distress divorce lawyers
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Emotional distress can be a contributing factor for irreparable differences, which can be a way to file for a divorce. If you feel your spouse is being cruel, that can be interpreted by the court -as a sign of domestic violence. Contrary to popular belief, any type of repetitive – abusive – or inhumane treatment, is considered domestic violence. Typically, cruelty in this manner is thought of as physical – but it can also be emotional harm as well – such violent language, verbal abuse, or threats.
As a result, if you feel there is emotional distress – this may be a sign of domestic violence, which is definitely grounds for divorce! Courts look out for signs of domestic violence and cruelty in marriages all the time. Examples of cruelty, which can lead to emotional distress, are:
-Continous rage, anger, screaming, or yelling
-Constant belittling, or criticizing , of the spouse
-Flaunting an adulterous relationship
-Falsely accusing the spouse of actions
-Failing to tell the spouse pertinent information – which is important for the safety of the spouse
At the end of the day, the unifying element is the fact there is a disconnect between the spouses – and there is signs of inhumane treatment – which is negatively impacting one, or more, of the spouses. Divorces where cruelty/domestic violence is in question can be hard to prove. In order to support your divorce case, our NYC divorce lawyers highly recommend you keep things like police reports, medical records, text messages, emails, and any other evidence which can help demonstrate the abuse you have been suffering.
In some states, cruelty and neglect can be grounds for divorce. For example, if a spouse has abandoned his/her family without providing financial support – this can be a sign of cruelty. Abandonment is easier to prove than cruelty.
If your trying to get a “fault” divorce, based on cruelty/abuse/emotional distress – then the burden of proof is on you. You have to be able to prove that you are experiencing cruelty and that staying in the marriage is impossible. Claiming you married a mean husband isn’t enough. In order to prove emotional distress, you have to prove the spouse is doing the same thing – over and over again, with the intent of maliciously hurting you. Things like text messages, police reports, and other such demonstrative evidence is what a court will look for. Need more information? Speak to one of our NYC divorce lawyers today, who can help provide guidance when you need it the most.