How to File for Divorce for Emotional Cruelty
Filing for divorce for emotional cruelty is a tricky process. Though lawyers and judges alike know emotional cruelty exists, "When most people think of domestic violence, emotional abuse doesn't often come to mind," according to author Annie Kaszina in an article titled "Emotional Abuse." There are few provisions in the law that recognize emotional cruelty legally, unless it is accompanied by proof that there was an intent to do physical harm or endanger your safety.
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Instructions
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Gather any police reports that are on record about your fighting. When trying to figure out how to file for divorce for emotional cruelty, those reports can be used as evidence of authorities having concerns about the threat of violence, even when no physical harm was observed.
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See a therapist for a psychological evaluation to add weight to your claim. In order to heal, "You need to work with a person or a program specifically geared to mental abuse recovery," according to Kaszina.
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Ask your spouse to get an evaluation done as well. You might be surprised that your spouse will jump at the opportunity to talk to your doctor in order to tell him about you. The psychologist might be able to show the probability of physical violence in the future.
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Get statements from as many witnesses as you can that observed any abuse. Ask friends, family and co-workers for help. It might be the only way to prove your case and the extent to which you suffered emotional trauma.
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Find an attorney to help you through the legal process. After you have gathered all of the evidence, find someone who can help you move forward with it, based on the laws in your state.
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Decide whether to pursue it from this angle. Discuss alternative strategies with your lawyer if it is not in your best interest to go the "abuse" route.
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Tips & Warnings
Even if allowances aren't provided in your state for emotional abuse and you cannot gather enough evidence to prove the propensity for violence in your marriage, the steps themselves can help you heal. Just by doing them, you will be standing up for yourself and showing your spouse that you will not take it anymore.
