divorce -- physical cruelty Flashcards
What is a divorce on the ground of cruelty limited to?
A divorce on the ground of cruelty is limited to physical cruelty.
What constitutes physical cruelty in the context of divorce?
Physical cruelty includes actual personal violence or a course of physical treatment that endangers life, limb, or health and renders cohabitation unsafe.
What is the general rule regarding physical cruelty as a basis for divorce?
A single act of physical cruelty will not ordinarily provide a basis for divorce.
Under what conditions can a single act of physical cruelty be grounds for divorce?
The act must be so severe and atrocious as to endanger life, indicate an intention to do serious bodily harm, or cause reasonable apprehension of serious danger in the future.
What is not required to find ‘physical cruelty’ in a wrongful act involving violence between spouses?
‘Bodily injury’ is not required.
Can intent to cause harm be sufficient for ‘physical cruelty’?
Yes, if it can be proved that a spouse intended to cause harm, it may be sufficient for ‘physical cruelty’.
Example: A wife intended to shoot at her husband through a door, even if he was never hit.
are the facts leading up to the abuse important too?
yes, see Johnson, court considered the fact that the proposal was over the phone, asked her to quit her job, it was a five week engagment
can there be grounds for divorce based on physical cruelty if the violence is directed towards someone in the home other than the spouse
no; must be violence against the other spouse for divorce
Is ‘bodily injury’ required to find ‘physical cruelty’ in cases of actual violence between spouses?
‘Bodily injury’ is not required to find ‘physical cruelty’ if the wrongful act involves actual violence directed by one spouse at the other.
Can a single assault by one spouse be grounds for divorce on the basis of physical cruelty?
Yes, a single assault can constitute a basis for divorce on the ground of physical cruelty.
What conditions must be met for an assault to be considered grounds for divorce on the basis of physical cruelty?
The assault must be life threatening or indicative of an intention to do serious bodily harm, or it must raise a reasonable apprehension of great bodily harm in the future.
when will a divorce based on physical cruelty not be granted
when the physical cruelty is provoked by the complaining spouse AND the physical cruelty is not out of proportion to the provocation
what burden of proof does the person alleging physical cruelty have
the burden of proving it by a preponderance of the evidence
how do we determine of conduct falls under the meaning of physcial cruelty
depends on the facts of each case
when will a verbal threat count as physical cruelty
youd need enough to show that they were in fear of bodily harm
how does the history of abuse play into this analysis
gives credibility to the accusation
in a testimony for physical cruelty, what are you looking for
specificity
is slight violence enough for physical cruelty grounds for divorce
Slight violence will not suffice to obtain a divorce for physical cruelty.
Is one instance of pushing enough to warrant a finding of physical cruelty?
One instance where a husband pushes his wife after an argument is not enough to warrant a finding.
how does a difference in size or physical strength of the spouses play into the physical cruelty analysis?
can be considered in determining that physical violence is insufficient to warrant a divorce on the grounds of physical cruelty
when is a conspiracy to murder not enough for divorce on grounds of physical cruelty?
A conspiracy to murder a spouse is not physical cruelty if no attempt is made to carry out the plan
