Cruel treatment is one of Georgia’s grounds for divorce, and it means something narrower than being treated badly.
What the Statute Says
OCGA 19-5-3(10) authorizes a total divorce for cruel treatment, “which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health.”
Three things follow from that sentence. The pain may be bodily or mental, so no one has to raise a hand to you. It must be inflicted willfully. And it must reasonably justify apprehension of danger to your life, limb, or health.
The Definition Is Read Broadly
In Bell v. Bell, 213 Ga. 176 (1957), the Georgia Supreme Court quoted the description given in Myrick v. Myrick, 67 Ga. 771 (1881). Cruelty, “in the broad and unrestricted sense in which it is used in our statute, is any act intended to torment, vex, or afflict, or which actually afflicts or torments without necessity, or any act of inhumanity, wrong, oppression, or injustice.”
In Bell itself, the husband testified that his wife got out of bed at night and disappeared, said she was going to kill herself, and woke the children to tell them she was leaving and that he would be taking care of them. She knew it hurt him, he said, and would “[m]ake them cry just to hurt me.” This happened every night. The divorce was upheld.
A Jury Has to Be Told What It Means
Because the phrase carries a fixed legal meaning, a jury cannot be left to supply its own. In Atha v. Atha, 210 Ga. 540 (1954), the Georgia Supreme Court ordered a new trial because the charge gave the jury no standard at all by which to judge whether a husband’s acts amounted to cruel treatment.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!