Emotional Abuse and the Long-Term Marriage

Abstract:     
New York matrimonial law permits divorces based on cruel and inhumane treatment, but the plaintiff spouse in a long term marriage must prove more egregious conduct than those in shorter marriages. This policy has developed despite our awareness of the harms of psychological abuse. As a result, the plaintiff in the longer marriage is often unable to convince a court that he or she is entitled to a divorce even when there is credible evidence of emotional and psychological abuse by the other spouse.

The purpose of the article is to address the development of this policy and offers a critical analysis and reform options for the divorce law in order to reflect current, prevailing views of harms from psychological abuse, and social realities.

Number of Pages in PDF File: 7

Keywords: Psychological Abuse

Accepted Paper Series