Cruel & Inhumane Treatment

How to File in New York State for an Uncontested Divorce due to Cruel and Inhumane Treatment

If you are seeking an uncontested divorce in New York State, you must have grounds to do so. Sometimes the marital relationship has broken to the point whereby the relationship is tumultuous and combative. When this is the case, under NY DLR § 170(1) you may be able to use the ground of cruel and inhumane treatment for your New York uncontested divorce. To assert the ground of cruel and inhumane treatment the allegations must be plead very specifically. Our White Plains, New York uncontested divorce lawyers and attorneys know how to claim cruel and inhumane treatment in your uncontested divorce papers and forms so that you can undo your marriage.

In order for a court to approve your uncontested divorce on the No Fault ground of cruel and inhumane treatment, specific facts to support this claim must be alleged in the pleading. Our NY uncontested divorce lawyers and law firm will work with you and interview you so that you can legally establish the ground of cruel and inhumane treatment in order to undue your marriage with an uncontested divorce.

While seemingly simple, there are still complexities involved with an uncontested divorce based on of cruel and inhumane treatment. The standard of review is whether:

  • Treatment which rises to the level that of physical or mental wellbeing endangered to the point that it makes it unsafe or improper for the spouses to continue living together. Mere arguments or isolated incidences do not meet the standard
  • When describing the specific acts of cruelty, they must be clear and to the point. You must:​
    • Document dates and places
    • Allege that the conduct was so cruel and inhumane that it endangered the physical or mental well-being to the point that it was unsafe to continue to cohabitate

When you retain our White Plains, NY uncontested divorce lawyers we will ensure that you properly plea and allege all of the elements of the cruel and inhumane treatment. We will ensure that all of the conditions precedent to a court approving your uncontested divorce on irretrievable and irrevocable are met so that you can obtain a final judgment of divorce from the court.

Once all of the divorce issues are settled we will then prepare the uncontested divorce documents, file them with the court, track the progress of the case through the court system, make any subsequent or amended filings, and ensure that your NY uncontested divorce gets finalized in a divorce decree and judgment of divorce.

We understand that contemplating or being involved in a divorce proceeding is confusing, perplexing, worrisome, and downright scary. We know that you likely have other questions for your particular situation, and they cannot possibly be all answered on our web site. If that is the case then we invite you to pick up the phone and give us a call. Chatting with people with questions is something we do every day, and we’d love to talk to you as well.

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