Laws Governing Mental Cruelty in the State of Florida
Mental cruelty is popularly used in the context of divorce. It refers to the constant abuse of one spouse by another using words but without physical assault. Some people think mental cruelty has to be proved in court in order to get a divorce. But that's not the case in Florida. Courts in Florida will grant a divorce without either spouse needing to prove anything other than that they're Florida residents and don't want to be married any more.
Mental Cruelty Defined
In the context of marriage, mental cruelty occurs when one spouse makes a habit of belittling, shaming, embarrassing and otherwise demoralizing the other spouse so much so that the ability of the other spouse to function normally, either mentally or physically, becomes impaired. Mental cruelty is a form of domestic violence. However, in the state of Florida mental cruelty would have to result in physical injury or death to a spouse to be actionable.
Mental Cruelty Not a Ground for Divorce
While mental cruelty is a legal ground for divorce in a few states, it is not a legal ground for divorce in Florida. Only two grounds for divorce are recognized in Florida: the mental incapacity of one spouse or that the marriage is irretrievably broken. In fact, the use of mental cruelty as a ground for divorce is becoming rare throughout the United States. Few state laws recognize mental cruelty as a ground for divorce in their state laws.
Florida is a No-Fault State
Florida is what is popularly referred to as a "no-fault" divorce state. This means that if a couple has no minor children together and neither spouse objects to the divorce, then the court will immediately dissolve the marriage on the ground that it is irretrievably broken. In the state of Florida, neither spouse has to prove the existence of mental cruelty to a court in order to receive a divorce.
Get Help for Mental Cruelty
If you feel you are experiencing mental cruelty from your spouse, there are resources available in Florida to help you deal with this abuse. The Florida Department of Children and Families, Office of Domestic Violence has a 24-hour crisis hotline at 1-800-500-1119. By calling this number a trained representative can give you immediate assistance and can connect you to any number of domestic violence services in Florida, including emergency shelter assistance.
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