Legal Question in Family Law in New York

Re: Physical Abandonment, and CruelPunishment Divorce grounds in NY? When?

"Cruel and inhuman treatment" is generally defined as circumstances where defendant spouse's conduct so endangers mental or physical wellbeing of plaintiff spouse,i.e.,yourself,so as to cause it to be improper or unsafe for you,plaintiff,to cohabit with defendant.

"Cruel & inhuman treatment" can consist of either emotional abuse,physical abuse,or both.

Length of marriage is not relevant when "cruel & inhuman treatment" consists of physical abuse.

However, duration of marriage does have bearing on issue of emotional abuse: it is easier to establish "cruel & inhuman treatment" for marriage of shorter duration than for long-term marriage.In marriage of shorter duration, lesser,comparatively insubstantial,conduct may amount to "cruel & inhuman treatment" as valid grounds for divorce whereas in marriage of longer duration,same conduct would not constitute grounds for divorce; moreover,a higher degree of proof is necessary for marriages of long duration than for marriages of shorter duration.For example,defendant spouse's disgusting habit of leaving dirty laundry crumpled in cups you both drink from might not suffice to constitute grounds for divorce in long-term marriage;however,defendant spouse's same habit in marriage of shorter duration might suffice as grounds for divorce of "cruel & inhuman treatment".

Note that following examples of defendant spouse's emotional abuse can constitute "cruel & inhuman treatment" as valid grounds for divorce as set forth in case precedents: defendant spouse's adultery & disclosure of that adultery to you (perhaps even if defendant is lying about adultery merely to taunt plaintiff spouse);defendant spouse's substance abuse (alcohol or drugs);threats of violence especially if accompanied by actual violence;defendant's false accusations of infidelity against plaintiff spouse;defendant's compulsive gambling.

Note further that following listed below have been held to be insufficient as grounds for divorce and are not "cruel & inhuman treatment": refusal of sexual intimacy and/or lack of communication does not constitute "cruel and inhuman treatment"; nor do isolated acts;nor does mere incompatibility of the spouses;nor do irreconcilable differences; an unhappy, acrimonious, strained marital relationship does not establish "cruel & inhuman treatment" ground for divorce,at least in long-term marriage.

Finally,in order to establish "cruel & inhuman treatment" as grounds for divorce,plaintiff is generally required to present medical records proof of adverse effects to plaintiff spouse's health by defendant spouse's "cruel & inhuman treatment",e.g., nervous condition; ulcers;or else, testimony by witnesses to the defendant spouse's "cruel and inhuman treatment" acts of emotional or physical abuse of plaintiff spouse; however,neither of preceding types of evidence is absolute requirement.