How do mental abuse divorce cases work?


Whenever I go out to dinner my husband and his friends, he shouts obscenities at me, he denigrates my appearance, mocks my intelligence, and openly exposes our private lives and argues with me in public.  I have now applied for a mental abuse divorce.  How will the court entertain my claim and demand for alimony?



A: The court looks at the circumstances of each case to determine whether the behavior constitutes cruel and inhuman treatment and is therefore a ground for absolute divorce.  A spouse's conduct which embarrasses and humiliates the other spouse and exposes him or her to public mockery of the marriage to such a point that it tends to damage the latter's emotional and mental well-being, is sufficient to establish fault sufficient to support an award of alimony.  Courts have stated that it is not necessary for the plaintiff spouse to demonstrate objective proof of physical or mental injury in order to obtain a divorce on the ground of cruel and inhuman treatment.  A plaintiff may prove that he or she is entitled to a divorce on the basis of cruel and inhuman treatment, by presenting evidence of conduct by the defendant-spouse which is harmful to the former's mental or physical well-being health and makes cohabitation improper or unsafe.


Talk to a Lawyer

Want to talk to an attorney? Start here.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you