Cruel and inhuman treatment can involve either physical or mental cruelty. To be a valid basis for a judgment of divorce, the treatment must have such a serious effect on the physical or mental health of the divorce-seeking spouse, that it is not safe or proper for the parties to continue to live together. Examples of acts that Courts have held to be cruel and inhuman treatment for divorce purposes include physical attacks upon a spouse; frequent screaming, profanity or other verbal abuse; staying away from the house too often without an explanation; flaunting a romantic relationship with another person; and wrongfully accusing the other spouse of adulterous relations with another man or woman. Intentional refusal by a spouse to ual relations may be considered cruel and inhuman treatment where it actually has a physical effect upon you. Alcoholism or drug addiction be a basis if the spouse becomes violent or abusive when under the influence so that you fear for your health and safety. Each case must be analyzed based upon its own, unique facts. The acts or conduct on which the cruel and inhuman treatment is based must have occurred within five years prior to the commencement of the action to be considered by the Court, unless it is part of a continuous course of conduct. There are no defenses to cruelty. For example, mental illness, justification or forgiveness is not a defense.
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