Cruel and Inhuman Treatment?
Having previously blogged about Iowa recognizing "no-fault" divorce, I found a recent article from the New York Law Journal to be particularly interesting. The article discussed a 2009 New York case in which one party cited abandonment and cruel and inhuman treatment in support of their dissolution action. While the Court ultimately granted the dissolution on the grounds of abandonment, the basis for the cruel and inhuman treatment claim is what made this article so intriguing. At trial, in support of the claim, testimony was presented that one party charged the other with a three-foot Japanese sword bringing the blade tip within inches of contact. The police were not called and no physical injuries were sustained; however, additionally testimony was presented regarding the alleged victim's fear of "sneak attacks" and their resulting difficulty sleeping. In declining to grant the dissolution on the basis of cruel and inhuman treatment, the Court found that the incident described, while credible, was not sufficient to show a "course of conduct so harmful to the plaintiff that it makes cohabitation unsafe or improper." The idea that Iowa recognizes "no-fault" divorce can be challenging for some people. Particularly those people who are looking for confirmation that they are not "at fault" or not the cause of their marriage break-up. Reading this article; however, I wonder if anybody would want to have to "prove" their case when in some jurisdictions being attacked by a three-foot sword is not enough to obtain a divorce?
