When filing for divorce in Virginia family court, spouses
have two choices: a no-fault or a fault-ground divorce. The first circumstance
is when couples mutually and amicably agree that their marriage must end. On
the other hand, fault-ground divorce is when one party accuses the other of
“faults” that cause their marriage to crumble. These faults include cruelty.
Generally, cruelty can be cited in court as grounds for
divorce. However, its validity must always be proven in order to become a legal
reason for divorce. The court must determine whether it is physical or mental
cruelty. In this vein, bodily harm can be more easily proven than mental and
emotional harm. Still, courts fully consider the latter.
Acts that Constitute
Cruelty
Marriages aren’t always a walk in the park. Every married
couple inevitably faces emotional ups and downs throughout their relationship.
The difference lies in the level of emotional upheavals they experience.
Verbal arguments and cursing at each other do not suffice as
valid grounds for divorce. Virginia law states that for cruelty to be valid in
a case, bodily harm must be inflicted, rendering one or both spouses unsafe
while living under the same roof. While mental cruelty alone may not be
considered, the court recognizes it if such acts affect or endanger the overall
health of the accusing spouse.
If you’re seeking divorce under this grounds, understanding
what the court accepts and does not accept will greatly help your case. Getting
advice from a divorce lawyer serving Newport News, VA is one way to understand
what constitutes cruelty in a divorce court.
No comments:
Post a Comment