Nagging, fussing, and quarreling can amount to cruel treatment in a Georgia divorce, but only when the conduct is constant.
What the Statute Says
Cruel treatment is one of Georgia’s grounds for divorce under OCGA 19-5-3(10). Courts define it as the willful infliction of pain, bodily or mental, “such as reasonably justifies apprehension of danger to life, limb or health.” The pain may be purely mental, so no one has to raise a hand to you.
The Nagging Must Be Constant
A few bad arguments will not do it. In Alford v. Alford, 189 Ga. 630 (1940), the Georgia Supreme Court explained that “the very word ‘nagging’ carries with it the idea of continuity,” and that “it is the persistency of the fretting that causes the real vexation.” As the Court put it, “[o]ne briar prick, while not a pleasant sensation, may cause no serious pain, but a thousand of them may be harassing.”
The conduct must also be willful. Nagging that was never meant to wound you is not cruel treatment, no matter how constant it was.
An Example That Was Enough
In Hirsch v. Hirsch, 217 Ga. 590 (1962), a husband alleged that his wife nagged and fussed at him continuously for years, kept him awake at night over “insignificant and unimportant matters,” and followed him into another room after he moved out of the bedroom. Those allegations were held sufficient to state a claim for divorce on the ground of 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!