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Mental cruelty is a form of abuse that can cause psychological and emotional damage, and can be used as a legal ground for divorce. It is difficult to define and can include various actions, but a single event generally does not constitute abuse. Both genders can be victims and legal representation is recommended.
Mental cruelty is a pattern of negative behaviors or an adverse climate that can damage a relationship. Both men and women can undergo this type of treatment. When victims are married, such psychological distress can be used as a legal ground for divorce.
Many people associate the term “abuse” with physical harm. Mental cruelty, however, is considered a type of abuse. Its most common effects are to cause psychological and emotional damage and to make a relationship unbearable. Because of these possibilities, in many places, mental cruelty is one of the grounds on which divorce can be based.
In some jurisdictions, a divorce must be based on cause. This is when the use of mental cruelty is often found as a reason for dissolving the marriage. In many places, however, no-fault divorces are permitted and common, which has largely led to a decrease in the need to claim faults like this.
It is often difficult to define mental cruelty because there are many actions that can qualify or contribute to this type of abuse. These include public embarrassment and humiliation, being emotionally numb, and inflicting fear with the threat of bodily harm. Attempts to create a strict definition could negatively affect many people by excluding harmful behavior. This is why it is usually left open to interpretation on a case-by-case basis.
An important thing to note is that a single event generally does not constitute this type of abuse. Psychological distress also need not be limited to a single type of behavior. If a man humiliates his wife once at a dinner party, he cannot successfully file for divorce for mental abuse. If this woman’s husband regularly engages in this behavior or mentally abuses her in other ways, and this pattern of behavior has harmed or threatens to do so, then she has a case.
The law cannot require that any of the alleged acts be intentional. It is possible that a person could subject another to mental cruelty without specifically aiming to do so. Both genders can be victims of this type of abuse.
A divorce based on mental abuse is usually handled by an attorney who deals strictly with divorce cases or who specializes in family law. An individual would likely have difficulty winning such a case without legal representation. While the term is more common in marital situations, it is also possible to be a victim of mental cruelty in other types of relationships.
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