Grounds for Divorce Part 3: Cruel and Barbarous Treatment

By Sheryl Rentz on June 20, 2024

As discussed in previous posts, Pennsylvania Consolidated Statutes, Title 23, Section 3301 outlines the following at-fault grounds for divorce:

• Willful and Malicious Desertion: If one spouse willfully and maliciously deserts the other without reasonable cause for one or more years.
• Adultery: If one spouse commits adultery.
• Cruel and Barbarous Treatment: If one spouse endangers the life or health of the other through cruel and barbarous treatment.
• Bigamous Marriage: If one spouse knowingly enters into a bigamous marriage while still legally married to another person.
• Imprisonment: If one spouse is sentenced to imprisonment for two or more years after being convicted of a crime.
• Indignities: If one spouse offers such indignities to the other as to render their condition intolerable and life burdensome.

Below, we will closely examine the at-fault divorce ground of “cruel and barbarous treatment.”

What Is Considered Cruel and Barbarous Treatment in Pennsylvania?

In Pennsylvania, “cruel and barbarous treatment” in the context of divorce is defined as conduct that endangers the life, health, or safety of the innocent spouse. This term typically encompasses severe physical abuse or threats of violence. It can also include a pattern of behavior that creates an environment of fear and harm, impacting the mental and emotional well-being of the spouse. The courts look for actions that are more than just ordinary domestic discord; the behavior must be of such a nature that it puts the spouse’s life or health at risk.

Practical Examples of Cruel and Barbarous Treatment

In Pennsylvania, various forms of “cruel and barbarous treatment” may constitute grounds for divorce. Each of these behaviors can contribute to an environment that endangers the physical or mental health of a spouse, meeting the criteria for “cruel and barbarous treatment” in a Pennsylvania divorce case:

• Physical Abuse: Any form of physical assault that endangers the spouse’s physical health. This includes hitting, slapping, or punching.
• Emotional Abuse: Continuous insults, derogatory remarks, and name-calling intended to demean or belittle the spouse. Additionally, emotional abuse includes threatening harm to the spouse or loved ones or using intimidation tactics to instill fear.
• Sexual Abuse: Forcing the spouse to engage in sexual activities against their will or using threats or manipulation to coerce the spouse into sexual acts.
• Control Over Finances: Restricting access to money or financial resources to exert power over the spouse.
• Isolation: Preventing the spouse from seeing family and friends or participating in social activities.
• Monitoring and Surveillance: Excessively monitoring the spouse’s movements, communications, and activities.
• Destroying Property: Deliberately destroying or damaging the spouse’s belongings to cause distress.
• Harming Pets: Inflicting harm or threatening to harm pets to intimidate or control the spouse.
• Substance Abuse with Threats: Abusing drugs or alcohol and threatening or endangering the spouse.

Additionally, there are other behaviors that could pose a risk to physical or mental well-being. These would fall under the category of cruel and barbarous treatment and, depending on the circumstances, could warrant divorce.

Difference Between At-Fault Divorce vs. No-Fault Divorce

In Pennsylvania, an at-fault divorce occurs when one spouse proves the other’s misconduct, such as cruel and barbarous treatment, justifying the divorce. A no-fault divorce requires no proof of wrongdoing based on mutual consent or irretrievable breakdown of the marriage.

At-fault divorces can expedite proceedings and influence alimony, property division, and child custody in favor of the innocent spouse but require substantial evidence and can be more contentious and costly. No-fault divorces are generally simpler and less adversarial but may result in less favorable terms for the spouse seeking the divorce.

Steps to Take if You Are a Victim of Cruel and Barbarous Treatment

If you are a victim of cruel and barbarous treatment, taking the following steps can help ensure your safety and protect your legal rights:

• Ensure Personal Safety: Leave the dangerous environment immediately. Stay with trusted friends or family or go to a shelter. Use a secure phone or device to communicate without the abuser’s knowledge.
• Contact Law Enforcement: Call 911 or your local police department to report the abuse. Law enforcement can intervene and provide protection. Ensure a formal police report detailing the incidents of abuse is filed.
• Seek Medical Attention: Get medical help for any injuries. This ensures your well-being and creates a record of the abuse. Ask healthcare providers to document all injuries and the suspected cause of harm in your medical records.
• Gather Evidence: Take clear, date-stamped photos of injuries, damaged property, or any evidence of abuse. Obtain written or recorded statements from anyone who witnessed the abuse or its aftermath. Keep copies of medical records and police reports related to the abuse.
• Explore Protection Orders: Request a temporary protection order (TPO) from the court to keep the abuser away from you, your home, and your workplace. Consider seeking a longer-term restraining order for continued protection. This can be done with the help of an attorney or local domestic violence advocacy organization.
• Emergency Plan: Develop an emergency plan, including a packed bag with essentials and important documents, in case you need to leave quickly.

Our Montgomery County Divorce Lawyer Provides Professional Legal Counsel

Reach out to local domestic violence organizations for support, resources, and counseling. Further, consult an attorney with experience in domestic violence cases to guide you through legal processes and protect your rights. At the Law Offices of Sheryl R. Rentz, P.C., firm founder Sheryl R. Rentz has over 25 years of experience handling divorce cases and is rated “Superb” by AVVO.

Schedule a legal consultation with the Law Offices of Sheryl R. Rentz, P.C., to discuss your rights and options under Pennsylvania divorce law. Call our firm and speak with our experienced divorce lawyer in Montgomery County at (610) 645-0100.