Is verbal abuse divorce recognized in New York?

My cousin's husband constantly denigrates her and uses obscene language against her, insulting her publicly and in private.  Is verbal abuse divorce recognized in New York?

Answers (1)

In New York, a spouse can file for a fault-based divorce on one of six grounds, including that of cruel and inhuman treatment, which includes verbal mistreatment that threatens the spouse's mental or physical well-being to the level of rendering it "unsafe or improper" for him or her to cohabit with the abuser.  It is a fact-specific inquiry, as there is no definition of the kind of behavior that meets the "cruel and inhuman treatment" standard. The court will require specific acts of cruelty that took place in the last five years.  In a long-term marriage, a plaintiff is required to offer more evidence of cruel and inhuman treatment in order to obtain a verbal abuse divorce.

References:

Contact A Lawyer

0people found this useful

(1 Votes)
Please Log in to answer questions.

All Divorce Basics Questions & Advice

Can a tourist visa marriage prohibit me from claiming residence in Florida and seeking a divorce?

Will filing for a divorce while I am currently on a tourist visa marriage affect my chances at residency in the United State? I am trying to figure ou...

read more


How are joint bills divided in a Divorce Case?

Question: Me and my husband are going to get divorced soon. We have some shared bills and credit cards in both of our names. How do the bills get sp...

read more


How can I stop a divorce that's already been filed?

My husband has filed for a divorce which I do not want. Is there any way I can prevent the divorce from going through?

read more


How do I respond to a Complaint for Divorce? What steps should I take?

  Question: My husband has served me with a complaint for divorce.  I don’t want the divorce, so do I have to answer it?

read more


How do mental abuse divorce cases work?

What constitutes a mental abuse divorce case? Are there any requirements to have a valid court claim against my spouse for his mental abuse?  

read more


How long after I file bankruptcy can my divorce be finalized?

My husband and I are considering filing a Chapter 7 bankruptcy to deal with mounting debts. We are also considering filing for divorce.

read more


How soon after a divorce can one re-marry?

My husband and I just divorced after a year-long separation. I just received the final decree six months ago. During my separation, I met someone ...

read more


I have paid a fairly large amount of alimony to my ex-wife in the past year. Will this affect my taxes, and if so how?

Question: I have paid a fairly large amount of alimony to my ex-wife in the past year. Will this affect my taxes, and if so how?

read more


I just got married for less than a year and found out my spouse cheated on me during our engagement. Is an Annulment Possible?

Question: I am a newlywed, and I recently discovered that my husband cheated on me during our engagement, before the wedding.  Can I have the marri...

read more


I want to hire a divorce attorney. How do I make sure I find a good one?

Question: I am getting a divorce and because I have kids it is going to be a fairly complex case. I want to hire a divorce attorney. How do I make sur...

read more


If I discover that my wife is cheating by engaging in extra marital affairs online, can I file a divorce?

Question: My wife has been spending more and more time online on social media sites like Facebook, and I am suspicious that she might be connecting ...

read more


If my husband shows signs of physical abuse, can I dissolve a marriage on that grounds?

My sister Joelle's husband says I am mean and throws objects when he loses control. Can she seek to dissolve her marriage on grounds of domestic viol...

read more


If my husband was violent during our marriage, how are his child custody and visitation rights decided?

  Several times during the marriage, Norman would become intoxicated, push and shove his wife, Suzie, and threaten to inflict bodily harm on her i...

read more


Is it possible to live in the same house with my ex wife until lease is up?

My wife and I are filing for Divorce but we had just signed a lease with both of our names that goes on for 1 year. We are only 3 months into the leas...

read more


Is verbal abuse divorce recognized in New York?

My cousin's husband constantly denigrates her and uses obscene language against her, insulting her publicly and in private.  Is verbal abuse divor...

read more


Me and my wife are separated and I want to get her off of my insurance.Can I do this?

Question: Me and my wife are separated  and I want to get her off of my insurance to free up money to raise our son and daughter that I have in my ca...

read more


My friend told me that Michigan is a no fault state. What does this mean?

Question: I live in Michigan and I am getting a divorce. My friend told me that Michigan is a no fault state. What does this mean?

read more


My lawyer says if we cannot settle our disagreements with our Divorce Agreement, a Divorce Judgment will be ordered?

  Q:  My husband and I are going through a bitter divorce, and we have not been able to reach agreement on some important issues.  My lawyer say...

read more


My wife withdrew all the money in my bank account, what legal action is necessary to get my money back?

My wife recently took out all the money from my bank account when I told her I wanted a divorce, is there any legal ramifications for my wife stealing...

read more


Our lawyer advised us to go through a divorce mediation. What is the cost and benefits of that process?

Question: I am getting a divorce from my husband. My husband’s lawyer has advised us to go to divorce mediation and that it may be cheaper if we t...

read more


Under what circumstances can a foreign citizen obtain a divorce on U.S. land?

I am not a U.S. citizen.  Under what circumstances can a foreign citizen obtain a divorce on U.S. land?  

read more


What can I use as grounds for divorce in Arizona? Do irreconcilable differences count as a valid reason?

Question: Me and my husband just don't like being around each other anymore. In Arizona, can I file a divorce based...  

read more


What criteria will a court in Louisiana rely on to determine my entitlement to alimony and the amount I should receive in?

I have recently applied for divorce from my husband and I was wondering what is the criteria that a Louisiana Judge will use to determine the amount o...

read more


What does it mean when a divorce notice is not applicable?

My ex-husband and I just received our final divorce papers and we are confused by a line stating "divorce notice not applicable." What exactly does th...

read more


What is the benefit of using Alternative Dispute Resolution (ADR) for a divorce?

Question:  My husband and I have been separated for a few months.  We have been talking about getting a divorce.  He recently brought up the ide...

read more


What reasons or grounds do I need to have in order to obtain a divorce?

  Are there any special requirements I need to meet in order to file for a divorce?

read more


Will getting a divorce make it harder to get permanent residence?

I am a non-U.S. citizen who married my husband, a U.S. citizen, in December, 2008. I am waiting for my permanent residence status, but am now conc...

read more


Do you have a question?

Our Lawyers can help you.

Related Links

LA-WS4:0.7.14.100803.9563