My spouse and I argue and yell a lot. Is that mental cruelty?

It could be, depending on how the behaviour makes you feel. If you, as the person asking for the divorce, feel that it is cruel, then a divorce court judge may accept your feeling that it is. It is up to the judge to review the evidence about cruel behaviour and then make a decision about whether or not to grant a divorce.

Generally speaking, divorce court judges want to make sure that the alleged cruel behaviour is not trivial or insignificant, but they always remember that it is a subjective test and they must consider how the spouse asking for the divorce feels about the behaviour.

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June 2006

see also:

• More Divorce FAQs

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