What Constitutes as Proof of Cruelty in Virginia Law?

Posted on: February 3, 2017

All divorce situations, even those that are mediated, are certainly a quite serious matter. But when it comes to navigating this trying situation, none are more difficult and taxing than at-fault (also known as fault-based, or simply fault) divorces. Among these, those based on cruelty may be the most of which. If you intend to pursue cruelty as grounds for divorce, you will certainly need to know what acts or situations constitute proving the fault.

Today the expert attorneys at Graham Law Firm are here to help you do just that. We will go over in moderate depth what grounds are admissible, and what your best course of action is going forward.

If you feel threatened by your spouse or have been harmed, physically or emotionally, please contact Graham Law Firm right away. We will set a date for your consultation as soon as possible and go over your potential at-fault divorce.

  • What is Proof of Cruelty?

    Simply stating that there has been cruelty or cruel acts have been committed is very rarely enough. In fact, it can be somewhat challenging to prove cruelty as a means for divorce in the state of Virginia, and understandably so, as it is a quite serious accusation.

    Speaking broadly, these proofs can be sorted into two general categories: physical acts of cruelty, and emotional.

  • Physical Cruelty in Virginia Law

    These are defined as acts or choices that conclude in physical harm. These need not, but do include, life-endangering acts. Anything that endangers your health or safety would be placed under physical cruelty.

  • Emotional Cruelty

    Emotional cruelty is defined in somewhat broader strokes, and can encompass a wide array of situations, acts, and behaviors. Emotional cruelty can include repeated neglect, verbal abuse, violent or aggressive displays or acts, consistent and or proven infidelity, unpredictable behaviors, and similar such issues.

    While we do take cruelty exceptionally seriously, do note that two-sided arguing, shouting matches, and extended verbal disputes are not always considered, as if both parties are participants it typically does not reflect danger. However, if you feel at risk or bullied, we would indeed suggest pursuing cruelty as grounds for divorce.

  • Seeking Grounds for Divorce Due to Cruelty

    As we mentioned previously, proving cruelty can at times be quite challenging, which is why we urge you to contact our attorneys to help you organize grounds. Proving grounds often means proving multiple or prolonged behaviors and acts, or proving a singular but outstanding incident.

    When working with Graham Law Firm, we can help you to sort out your grounds, and counsel you on how best to proceed in pursuing litigation (or maybe hopefully mediation) to end your marriage.

  • Litigation and Divorce Services in Northern Virginia

    Contact Graham Law Firm today to begin your process of establishing grounds for divorce, or to seek a consultation with our award-winning lawyers about your best course of action.

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