A great deal of bad behavior in a marriage is not cruel treatment under Georgia law. These are the decisions that show where the line sits.
Neglect and Inconsideration
In Adams v. Adams, 195 Ga. 479 (1943), a wife of thirteen years testified that her husband would not stay at home, stayed out all night, was careless about her support, and did not come to look after her when she was sick in bed. The Georgia Supreme Court held that a verdict for the husband was demanded, because “at most the husband was merely to be condemned for being neglectful and inconsiderate of his wife,” and nothing showed that her poor health resulted from his conduct.
One Disagreement
In Standridge v. Standridge, 224 Ga. 102 (1968), a husband pleaded years of nagging and degrading remarks, but testified that he was happy with his wife, that there had been no fusses or arguments, and that the sole cause of the separation was her refusal to deposit a settlement check into their joint account. A verdict was directed against him.
Likewise, in Brown v. Brown, 217 Ga. 671 (1962), a wife left after her husband declined to give her grocery money on one particular morning. The Court held that “one act of cruelty, not of a violent or serious character, standing alone, is not a sufficient ground for a divorce.”
The Common Thread
In each case the spouse proved conduct that was genuinely unpleasant but could not show two things the statute demands: that it was done deliberately to wound, and that it reasonably justified apprehension of danger to life, limb, or health.
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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!