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What is extreme cruelty in marriage?

Extreme cruelty is a type of fault divorce where a spouse claims the other spouse committed some form of physical or mental cruelty against them.

What are the grounds of cruelty?

(i) Cruelty which is a ground for dissolution of marriage may be defined as wilful and unjustifiable conduct of such character as to cause danger to life, limb or health, bodily or mental, or as to give rise to a reasonable apprehension of such a danger.

Is emotional abuse grounds for divorce?

If you are considering a divorce because of emotional abuse, you can file for a fault-based divorce on the grounds of cruelty. Family Law courts take any instances of abuse very seriously, and fault-based divorces can have lasting impacts on the guilty party.

Does it matter who files for divorce first in Virginia?

No court will favor your submissions simply because you filed them before your spouse or ex-spouse. However, the answer is yes for two important reasons: (1) filing first means you can set the pace of the litigation, and (2) you get to speak first and last in the event your case goes to trial.

Is emotional abuse grounds for divorce in VA?

In Virginia, divorce may be granted on a variety of fault-based grounds which include adultery, felony conviction, willful abandonment or cruelty. Cruelty is considered as anything that causes physical or extreme emotional harm thus makes living together unsafe.

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