The Definition of Extreme Cruelty in Divorce Law
Every state except South Dakota and Illinois recognizes "no fault" divorces, in which neither party blames the other for the dissolution for the marriage, and there is no requirement to show the court that one party breached the marital contract. However, when a party in a divorce files because of "extreme cruelty," he is alleging a specific ground.
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Definition of "Extreme Cruelty"
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Merriam-Webster's Dictionary of Law defines extreme cruelty as "behavior toward a spouse that involves physical violence or threats thereof, acts calculated to destroy the peace of mind or health of the spouse, or acts destructive of the purpose of the marriage." However, it is important to note that each court interprets "extreme cruelty" subjectively as it applies to a divorce suit.
The Application of Extreme Cruelty
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Some states permit a shorter waiting time before a divorce is final if a party files on grounds of extreme cruelty. In some states, filing on such grounds may result in a disproportionate distribution of the community property in favor of the person who alleges it.
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Other Faults in Divorce
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Along with cruelty, or sometimes extreme cruelty, other faults for divorce may include desertion, confinement in prison, adultery, and impotence or inability to engage in sexual intercourse.
Extreme Cruelty and Related Law
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The Violence Against Women and Department of Justice Reauthorization Act of 2005 adds "extreme cruelty or battery" to exceptions to deportation of illegal immigrants. If a battered illegal immigrant remains in the country because she fears returning to a battering spouse who lives in another country, she may be able to remain in the United States, as long as they are of "good moral character."
Acts of Contrition
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In 2003, the 9th Circuit Court added acts of contrition under the definition of "extreme cruelty" under the Violence Against Women Act (Hernandez v. Ashcroft, 345 F.3d 824 (9th Cir. 2003). If a batterer feigns remorse with the intent of luring an abused spouse back to the marital home, this is considered extreme cruelty. This refined definition is typically applied in divorce cases filed on grounds of extreme cruelty in most states.
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