Cruel and Barbarous Treatment: Grounds for Divorce in Pennsylvania

Pennsylvania allows you to file both no-fault and fault-based divorces. Fault-based divorces require the petitioner to prove that their former spouse caused the breakdown of the marriage. One of the grounds that Pennsylvania allows is “cruel and barbarous treatment.” But what does that actually mean in practice? In this article, the Philadelphia divorce lawyers at the Law Offices of Lauren H. Kane will discuss cruel and barbarous treatment and how it’s considered by the Pennsylvania courts.

What is considered cruel and barbarous treatment in Pennsylvania? 

In Pennsylvania, cruel and barbarous treatment in the context of a fault-based divorce describes conduct that endangers the life, health, or safety of the spouse. The term generally refers to severe physical abuse or threats of violence. It can also include a pattern of behavior that creates a hostile home environment, which impacts the mental and emotional well-being of the spouse. The courts will look for specific actions that are more than just ordinary domestic squabbles. The behavior must place the spouse’s life or health at risk.

Practical examples of cruel and barbarous treatment 

Various forms of cruel and barbarous treatment can be considered grounds for divorce. The following list describes behaviors that endanger the mental or physical health of a spouse, which, in turn, meet the criteria for cruel and barbarous treatment. These include:

• Physical abuse – Hitting, slapping, punching, or kicking. Physical abuse refers to domestic violence that endangers the spouse’s health.

• Emotional abuse – Continuous derogatory remarks that aim to belittle or demean the spouse qualify as cruel and barbarous treatment because they endanger the psychological health of the spouse. In addition, threatening or intimidating the spouse can be considered emotional abuse.

• Sexual abuse – Forcing the spouse to engage in sex against their will or using threats and manipulation to coerce the spouse into engaging in sex.

• Controlling finances / creating financial dependence – Restricting access to bank accounts or financial resources to ensure power over the spouse.

• Social isolation – Preventing the spouse from seeing friends or family or participating in social activities.

• Surveilling the spouse – Monitoring the spouse’s communications, activities, and social life.

• Property damage – Deliberately destroying the spouse’s property to cause emotional distress.

• Harming pets – Inflicting harm on pets or threatening to do so to intimidate and control the spouse.

In addition, there are other behaviors that could endanger the spouse’s mental or physical health. While substance abuse does not specifically qualify as cruel and barbarous treatment, if the spouse issues threats or commits acts of violence against the other spouse while under the influence, it could qualify under the definition.

Talk to a Philadelphia Divorce Lawyer Today 

The Law Office of Lauren H. Kane represents the interests of Philadelphia residents who are pursuing a divorce. Call our Philadelphia family lawyers today to schedule an appointment, and we can begin discussing your goals and concerns right away.