How Virginia Determines What Constitutes Cruelty for A Divorce
In Virginia, a divorce can be filed based on cruelty. Now, there are a variety of definitions of cruelty in the eyes of the Virginia family courts. For instance, physical violence, behaviors that put the life of the individual in jeopardy, foul and derogatory language against the spouse, below-the-belt statements, continuous neglect, etc., are also considered cruelty by family courts in Virginia.
Categories of Cruelty in Virginia Divorce Law
Bodily Harm
Any act of violence that has led to the victim sustaining minor or major injuries or was a threat to the individual’s health is regarded as physical cruelty and therefore, is grounds for filing for divorce.
Emotional Jeopardy
Like physical harm, there are a variety of ways a person can inflict mental harm. Acts and behaviors that include making humiliating or derogatory remarks, aggressive displays, emotional neglect, willful non-intimacy, etc., are all regarded as emotional harm.
The Need to Prove Cruelty to File for Divorce
It’s important to understand that if you’re filing for divorce based on cruelty, you’ll need to first provide the court with clear evidence of abuse. If you have indeed been a victim of physical or emotional violence, there are different ways you can collect information as evidence, such as:
- Hospital Records (x-rays, MRIs, lab results, transcriptions, etc.)
- Affidavits (verified reports and remarks mentioned by your psychiatrist that can be used as evidence of your declining mental health due to emotional abuse).
- Verifiable statements that can be corroborated by your friends and family members.