If you find yourself unsafe in your own home because of a spouse, you need to contact a Tarrant County inhuman treatment divorce lawyer who could advocate for your right to safety and divorce in court. An experienced attorney could guide you through the divorce filing process.
How Tarrant County Defines Inhumane Treatment
Inhuman treatment may involve mental or physical cruelty. Before the court considers inhuman treatment as the sole grounds for a divorce, the treatment must have a significant impact on the physical or the mental health of the spouse seeking the divorce.
Inhumane Treatment Claims that Successfully Lead to Divorce
Domestic violence is a primary example of inhuman treatment. It includes physical attacks on one of the spouses, and harassment or threatening behavior that is fairly consistent. A single threat likely does not rise to the level of inhuman treatment. However, consistent and constant harassing, threatening behavior, or verbal abuse may constitute inhuman treatment in a divorce.
Difficult to Prove Inhumane Treatment Claims
When supporting a claim for inhuman treatment such as physical abuse, photographs, police reports, hospital records, documented injuries, and witness testimony may be used to substantiate the claim.
Mental and emotional abuse are more difficult to prove because it involves an evaluation of the effect of one party’s actions on the mental state of another. Counselors or therapists might talk about the person’s behavior during the marriage and how it changed as the abuse continued. Eyewitnesses may also testify as to the impact of the mental cruelty on the victim and their testimony becomes more important in a mental and an emotional abuse cruelty claim.
Requirements for Divorce on the Basis of Inhuman Treatment Claims
Significant evidence is required to be successful on the basis of inhuman treatment claims. When someone is being treated poorly, they need to document their mistreatment through discussions with an outside party, photographs of injuries, and keeping evidence of communications. Those are the types of things that support a cruelty claim. A court does not take one party’s word over the other. There must be something else to corroborate the inhuman treatment claim.
Self-Inflicted Inhuman Treatment and Grounds for Divorce
When someone is suffering because their spouse inflicts inhuman treatment on themselves, they can use this as grounds for filing a divorce.
How Threat Is Involved in Inhumane Treatment
When a person wants to claim inhuman treatment based on a threatening nature, they need to have proof that the threats were substantial by looking at phone calls, text messages, or emails demonstrating that the threats were consistent or the individual followed through with the threat at some point in the relationship.
How Tarrant County Courts Treat Inhuman Treatment Claims
Tarrant County courts treat inhuman treatment claims extremely seriously because the allegations could likely be dangerous in nature. When someone alleges cruelty, there must be a substantial history and evidence to support it. When there is no evidence to support claims of inhuman treatment, the person alleging the cruelty may have consequences for filing a claim that is baseless. It is important before cruelty is claimed to know what kind of evidence supports that claim.
When Courts Rule that Two Parties are Unsafe Living Together
A decision about the safety issues when two parties continue to reside together comes with any allegation or demonstration of family violence. When one party is arrested or physically harms the other, a court makes a determination that one party needs to leave the marital residence.
Mediation, Arbitration, Litigation, and Inhuman Treatment Divorce
In mediation, the mediator does not make a determination. Their role is to assist with the development of a settlement that makes both parties happy. When one party alleges cruelty, an agreement surrounding those circumstances is unlikely because the other party may not agree that they were cruel and could move to have a disproportionate division of their property. While inhuman treatment in a divorce might come into play, it does not have a significant impact unless there is an understanding that the cruel treatment actually occurred.
In arbitration and litigation, the party alleging cruelty has an opportunity to present their evidence to persuade the arbitrator or the judge that cruelty did occur. In arbitration, the arbitrator makes that decision based on the evidence and sets the terms of the divorce. In litigation, the judge or the jury does that.
For More Information, Contact an Attorney
If you have been the victim of grievous acts of violence and find that leaving your spouse is better for your safety and well-being, then contacting a Tarrant County inhuman treatment divorce lawyer could be your first step toward safety. Do not let another person treat you less than you deserve, call today.