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Divorcing a partner is never an easy road to take. It is a complex and challenging process.
In most parts of the world, marriages end in divorce. Even in places like US where 50 percent of marriages end in divorce, it is still stressful and painful to end that marriage.
This is especially when it involves emotional abuse. If you are the victim of emotional abuse, your partner will make you feel so insignificant to the point where you will no longer consider divorce as an option.
Even in the midst of abuse, when you consider divorce, feelings will be intense.
In this comprehensive guide, we will explore whether or not emotional abuse can serve as grounds for divorce.
We will explore the definition of emotional abuse, its signs, its impact on a marriage, and how you can prove it in court if you are a victim.
What is
Emotional Abuse?
It involves non-physical behaviours with the intention of controlling, manipulating, coercing or demeaning the victim.
It is not only common in marriage or romantic relationships; it is also seen in parent-child relationships.
When it comes to marriages and romantic relationships, emotional abuse can take various forms, like a partner constantly criticising the other, humiliation, intimidation, threats, or isolation.
When such becomes the norm, it has a way of eroding the victim's self-esteem, independence, and health in its entirety.
But victims must understand that no two cases of emotional abuse are the same. Abusers adapt different patterns.
For instance, an abuser can gag a victim while the other uses jokes to insult a victim, after which it spills over into outright insults.
What
Are the Signs of Emotional Abuse?
Obviously, it is not easy to recognise the signs of emotional abuse. It can be a challenging task because it often operates in subtle ways.
Unlike physical abuse which may reflect in injuries and other signs, emotional abuse may leave you doubting yourself.
If you think you might be the victim of emotional abuse, there are a number of indicators you can watch out for:
- Your partner constantly belittles you
- Insults disguised as jokes by your partner
- Controlling behaviour
- Your partner publicly humiliates you
- Frequent anger outbursts
- Demeaning comments
- Your partner threatens.
Is Emotional Abuse Ground For Divorce?
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It is understandable that emotional abuse is a deeply damaging form of mistreatment that can shatter the foundation of any marriage.
But is it enough to warrant a divorce if you find yourself a victim? The answer is unequivocally yes.
Emotional abuse is not only recognized as grounds for divorce but it is also considered illegal in many jurisdictions.
So, you can divorce your husband and wife if you find yourself trapped in an emotionally abusive relationship.
However, it is important to know your rights and take the necessary steps to protect yourself.
When filing for divorce based on emotional abuse, it's crucial to understand the legal process involved.
While you can't simply cite "emotional abuse" as the reason for divorce, you can pursue a fault-based divorce by citing "cruelty" as the grounds.
Any conduct that makes life with your spouse unpleasant in the eyes of the law, including physical and emotional abuse, is referred to as ‘cruelty’.
Cruelty is grounds for divorce in most states.
Courts take cases involving abuse very seriously, and emotional abuse is no exception.
When you list emotional abuse as the reason for your divorce, you not only seek to end the marriage but also hold your abuser accountable for the pain they caused.
Effects of Emotional Abuse on a Marriage
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A Slow Erosion of Love and Happiness
When emotional abuse seeps into marriage, love gradually fades and the marriage becomes unbearable.
The victim will begin to find their affection turning into resentment and detachment.
Certainly, the abuser's hurtful words and demeaning behaviour drive away the love that once bloomed.
It only leaves behind a desolate landscape where joy and happiness struggle to survive.
A lot of victims still tend to remain in such tasteless marriages while some others leave immediately.
When a victim chooses to stay with an unrepentant abuser, the effect of the relationship will be disastrous.
Lingering Psychological Trauma
The aftermath of an emotionally abusive marriage extends far beyond divorce.
The truth is whether you remain in an abusive relationship or not, the scars left on the victim's psyche can endure for a long time.
Remain is a matter of choice, but it has proven and deadlier consequences.
Depression, panic attacks, social anxiety, chronic stress, and even post-traumatic stress disorder (PTSD) can plague the victim, making it challenging to rebuild and move forward.
Emotional abuse within a marriage inflicts wounds that may not be visible to the naked eye, but their impact is profound.
Nurturing Fear and Walking on Eggshells
Essentially, living in an emotionally abusive marriage can be similar to walking on eggshells.
The victim in an emotionally abusive marriage is constantly on edge and not only careful but fearful of triggering the abuser's wrath.
The victim is very mindful and calculates every action, and every word chosen with care to avoid provoking the abuser.
This will end up creating an environment devoid of trust and genuine connection. The marriage then becomes unenjoyable.
The Heavy Burden of Self-Doubt
It can be so bad that emotional abuse will infiltrate the victim's mind, sowing seeds of self-doubt and eroding their self-esteem.
In a marriage where an abuser relentlessly criticises and makes belittling remarks about the partner, it becomes a twisted soundtrack that keeps playing within the victim's thoughts.
It messes up with the victim’s mind and over time, they begin to patronize these negative messages.
The next is that they will start questioning their worth, intelligence, and capabilities.
A Prison of Isolation and Depression
Give the credit to them. Emotional abusers are masters at isolating their victims.
They strategically erode their victim's support system, denying them access to emotional resources, and causing them to feel confined and alone.
They can go to the extent of pushing away the victim’s friends and family members.
By doing this, the victim's confidence in seeking help diminishes under the weight of the abuser's manipulation.
Although the abuser may be catching fun, the marriage becomes a suffocating prison, where the victim feels helpless and hopeless.
Proving Emotional Abuse in Court
Ending a marriage in which you have committed many years of your life, resources, and emotion is not always easy.
But when you are fed up and wish to exit through the courts, proving emotional abuse in court can be a daunting task.
But no worries, it is not impossible. Building a strong case requires gathering compelling evidence.
With the guidance of your lawyer, assembling the pieces of evidence should not be so difficult.
To prove your case in court, you will need to begin gathering pieces of evidence like:
Testimonies from witnesses who have observed the abuse can provide crucial support.
Collecting digital evidence, such as emails, text messages, or social media interactions, can serve as powerful documentation to prove your case.
Creating a timeline of events helps establish patterns of abuse.
So, consult a professional be it a psychologist or marriage councilor , etc because testimonies from professionals experienced in emotional abuse cases provide additional credibility.
If you are a victim and fed up with the abuse, it is important to work closely with a divorce lawyer who understands the legal process and can guide you through the steps necessary to present your case effectively.
FAQs You Need To Know
Can emotional abuse be grounds for divorce?
Yes, emotional abuse can serve as grounds for divorce. Although there are no physical scars, not only is emotional abuse accepted as a legitimate ground for divorce, but it is also taken seriously by courts.
Is emotional abuse only limited to marriages?
No, emotional abuse can occur in various types of relationships, including friendships, family relationships, and professional relationships. It does not only apply to Marriages.
What if there is no physical evidence of emotional abuse?
The fact is physical evidence may not always be present in cases of emotional abuse, however, the emotional and psychological impact on the victim is significant.
Courts take emotional abuse's effects into account when deciding
whether to grant a divorce.
