How does verbal emotional abuse effect a divorce?
2 attorney answers
In Virginia, you may file for divorce either on a fault ground, or a non-fault ground. If you file on a non-fault ground - separation of one (1) year, emotional abuse will most likely not play a large role in the divorce.
However, alternatively, you may file for divorce on the ground of cruelty. In Virginia, cruelty for the purposes of divorce, is generally defined as acts of physical violence and conduct that endanger the life, safety, or health of the Plaintiff (the party who filed for divorce). Relevant to what you have said, abusive language, humiliating statements, and repeated neglect can also constitute cruelty.
If filing on cruelty grounds, the complaint needs to allege very specific facts in detail. Retain a lawyer to help you decide on how best to proceed.
If you have started a divorce process, then talk about it with your attorney. During trial, you can bring up the emotional abuse to the Judge and GAL. Whether it affects custody, marital assets distribution and support, depends on your case facts and litigation. Best.
My answer is for general informational purposes only. A personal consultation with a local attorney is recommended for good results.
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