What Constitutes “Cruel and Barbarous Treatment” For the Purpose of Divorce in Pennsylvania?

Essentially, each state makes up its own rules for divorce. Today, all states allow for what are known as “no-fault grounds.” In other words, you don’t have to “blame” the other spouse for the breakdown of the marriage; you can just say that “irreconcilable differences” make the marriage unsustainable. Some states, however, like Pennsylvania, permit a spouse to pursue either a no-fault or a fault-based divorce.

Fault-based divorces have different grounds than no-fault divorces. Ultimately, a spouse who pursues fault-based grounds “blames” the other spouse for the breakdown of the marriage. Among the several fault-based grounds you can pursue in Pennsylvania, “cruel and barbarous treatment” is one of the most common. A spouse can argue that they were subjected to “cruel and barbarous treatment” during the marriage, and therefore, their spouse is responsible for destroying the marriage. In this article, we’ll take a closer look at cruel and barbarous treatment as a ground for divorce, and how one would go about proving it.

What is considered “cruel and barbarous treatment” in Pennsylvania? 

So, we’ve established that “cruel and barbarous treatment” is grounds for divorce, but what exactly does that mean? Under Pennsylvania law, cruel and barbarous treatment entails conduct that endangers the life, health, or safety of one spouse. “Cruel and barbarous treatment” generally entails severe physical abuse, threats of violence, or a pattern of behavior that creates a hostile environment of fear or harm that impacts the emotional well-being of the victim. The courts will identify specific actions that constitute more than typical domestic issues. The perpetrator’s behavior must place the other spouse’s life or health at risk.

What are some examples of “cruel and barbarous treatment?” 

• Physical abuse – If the physical abuse endangers the health or life of the spouse (which it would in every case), it can be considered a form of “cruel and barbarous treatment.”

• Emotional abuse – Includes a pattern of continuous insults or derogatory remarks that are intended to demean the spouse. Emotional abuse also includes threatening harm to either the spouse or a family member of the spouse.

• Sexual abuse – Includes rape or forcing a spouse to engage in sex against their will.

• Controlling finances – Ultimately, abusers want control. One way to achieve it is by restricting access to money to control the spouse’s freedom.

• Isolating the spouse – If one spouse prevents the other from seeing family or friends, it can be considered a form of cruel and barbarous treatment meant to exert power over the victim.

• Monitoring the spouse’s every move – Again, control is the ultimate goal. Monitoring the other spouse’s communications, movements, or activities is a form of abuse.

• Destroying marital property – If one spouse causes distress by deliberately destroying the victim’s property, it can be considered cruel and barbarous.

• Harming or threatening to harm pets – Inflicting or threatening to inflict harm on pets as a means of intimidation can be considered cruel and barbarous.

• Issuing threats of violence – Threatening to place the other spouse’s life or health in danger is a form of abuse.

Talk to a Philadelphia, PA Divorce Lawyer Today 

The Law Offices of Lauren H. Kane represent the interests of those pursuing a divorce in Pennsylvania. Call our Philadelphia family lawyers today to schedule an appointment, and we can begin representing your interests right away.