Question:
My wife is verbally and mentally abusive to me and our kids.
How difficult is that to prove in a divorce and will it help me get a more favorable outcome in court?
Answer:
I am not licensed to practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general information regarding your situation.
That is a very good question, but the answer varies from state to state. In Virginia where I currently practice, the abuse would have to rise to the level of cruelty before it would possibly affect the outcome of your divorce.
However, this type of behavior often will affect the outcome of custody and visitation since there are children involved.
The courts in most states will appoint a Guardian ad Litem or a GAL to represent the best interests of the children. This attorney will conduct a full investigation and usually prepare a report for the court.
If the GAL determines that the mother has been mentally and verbally abusive towards the children, that determination should affect the outcome of a custody trial.
That being said, even if there is not a GAL appointed to your case you and your attorney can certainly put on evidence to prove the abusive behavior at trial.
This is a very complicated and state specific issue and it should be discussed with a licensed attorney in your area.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Virginia divorce lawyer Jonah Dickey, contact Cordell & Cordell.
How about after being divorced several years and having v/m, text messages, and emails flat out stating physical and mental abuse. Also, that she wants to kill herself. I live in Michigan.