It can be. Georgia courts have granted divorces on cruel treatment where the only weapon was language.
What the Statute Requires
OCGA 19-5-3(10) defines cruel treatment as the willful infliction of pain, bodily or mental, “such as reasonably justifies apprehension of danger to life, limb, or health.” Nothing in that sentence requires physical contact, so profanity, abuse, and threats are measured by the same standard as anything else.
Threats
In Stone v. Stone, 210 Ga. 127 (1953), a wife alleged that for several months before the separation her husband would curse and abuse her, would threaten her life, and would say that he was going to get rid of her no matter what means he had to take, that he was going to sell his property and raise all the money he could and get himself a young woman – and that he was in fact disposing of his property. The Georgia Supreme Court held that a general demurrer to the petition was properly overruled.
Profanity and Abusive Language
In Walston v. Walston, 216 Ga. 577 (1961), the trial judge granted a divorce on cruel treatment after hearing evidence of “profanity, vulgarity, and abusive language used by the defendant to the plaintiff.” The Georgia Supreme Court held that the evidence sustained the pleadings and authorized the divorce.
What Makes the Difference
Notice what both petitions had in common. The conduct was described as continuing over a period of time, not as one bad night, and it was tied to a real fear for the complaining spouse’s safety or health. An isolated shouting match, however ugly, is a much harder case.
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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!