Getting a divorce can be a difficult and stressful process. Mississippi recognizes 12 grounds for an at-fault divorce. Cruel and inhuman treatment is one of the 12 grounds for divorce.
If your spouse isn’t willing to agree to a divorce, you will have to get an at-fault divorce. At-fault divorces can be difficult to get because you have to correctly file for divorce and have evidence to prove the fault in court. Working with an attorney can help you navigate this process as well as know what evidence you need to prove your spouse is at fault.
Jason Campbell is an experienced and trustworthy Mississippi divorce attorney. Contact Campbell Law today to learn more about how we may be able to help you file for divorce on cruel and inhuman treatment in Mississippi.
What Is Cruel and Inhuman Treatment?
There are a variety of things that can qualify as cruel and inhuman treatment when getting a divorce. Although the term commonly involves domestic abuse, cruel and inhuman treatment can be a catchall for any cruel treatment. The definition of cruelty can be far-reaching but still requires sufficient proof, and you must demonstrate this proof in court.
The Mississippi Bar defines cruel and inhuman treatment as actions that either endanger life, limb, or health or create a reasonable apprehension of danger that the relationship is unsafe or so unnatural to make the marriage revolting.
Types of Cruel and Inhuman Treatment
Here are a few examples of the many things that can be considered cruel and inhuman treatment:
- Evidence of physical abuse
- Habitual mean or heartless conduct
- Threats or intimidation
- Emotional or verbal abuse
- Forced isolation
- Stalking
- Sexual harassment
- Refusal to live with a spouse after marriage
- Refusal to maintain basic hygiene
- Bizarre sexual behavior
- Lying about the paternity of a child
Some of these can be more difficult to gather evidence on than others, and you may be reluctant to make these events public knowledge as part of divorce proceedings. You may even be fearful of retaliation from your spouse if you pursue making these events public. However, if you’re in a relationship that is harmful to you, an attorney can help guide you on how to approach these issues and how to maintain your safety.
Proving Cruel and Inhuman Treatment
To get a divorce on grounds of cruel and inhuman treatment, you will have to provide proof of actions that endangered your safety. It’s common that the court requires these actions to have been done for so long or frequently that their recurrence could be reasonably expected. This means that the cruel and inhuman treatment may need to be systematic or continuous.
A single incident can still be a basis for divorce on the grounds of cruel and inhuman treatment if there is a lot of evidence.
Don’t let the idea of needing to provide proof or cruel and inhuman treatment scare you away from pursuing a divorce. An attorney can work with you to help you gather the necessary evidence.
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No one should have to stay in a marriage where they are being treated cruelly and inhumanly. There are options and resources available that can help support you as you go through the divorce process.
Working with an attorney can help you with the stress of filing for divorce and gathering evidence, as well as shield you from interactions with your spouse as much as possible during the proceedings. A divorce attorney can file your paperwork for you and help you know what to look for when putting together evidence.
Contact Campbell Law today to learn more about how we may be able to help you with your divorce.
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