While divorces were granted prior to the nineteenth century, the use of mental cruelty as a ground for divorce was only used regularly after 1850.
Divorce Prior to 1850
In the early 1800's, divorces were based on adultery or physical cruelty. Judges did not accept claims of cruelty other than physical cruelty because mental cruelty was not something that could be seen.
Feminists of the Women’s Suffrage movement disagreed whether divorce for women was beneficial. Some feminists saw it as a woman's advancement towards full equality with men. Other feminists viewed it as a departure from the Women's Suffrage movement in that divorce was debasing the sanctity of the movement.
Mental Cruelty as Grounds for Divorce From 1850-1900
Most statistics regarding mental cruelty as a ground for divorce indicate that it was more readily accepted after 1850. As views about mental health started changing, so did the use of mental cruelty. It was argued that whatever form the cruelty took—physical or mental—it was sufficient to constitute cruelty if it affected the health of a spouse.
After 1880, mental cruelty became more popular as a ground for divorce based on the argument that it affected the life of the spouse, usually the woman. This lead to what people called a divorce crisis at the end of the nineteenth century.
While historian Robert Griswold performed a study which indicated that divorce was a woman's path to financial independence, other studies claimed that women were not seeking financial independence but wanted to escape abusive husbands. Mental cruelty as a ground for divorce was increasing in popularity in the last part of the nineteenth century.
Lawyers learned to plead mental cruelty in their divorce papers so that the ground would be accepted by judges. Lawyers had to show that the wife was a dutiful and devoted wife. Without showing that the wife had faithfully performed her marriage duties, she would be denied a divorce on mental cruelty grounds.
Mental Cruelty After 1900
Mental cruelty after 1900 was increasingly used as a ground for divorce. By 1950, a substantial percentage of all divorces were based on cruelty. Sometimes if the divorcing parties both wanted a divorce, they agreed to claim that the husband abused the wife. Judges realized that parties were fabricating evidence to obtain divorces.
In New York, adultery was the sole ground for divorce until 1966, when other grounds were added. Because the need for grounds made some litigants invent instances of mental cruelty, no-fault divorce became the law in California in 1970, the first state to adopt it. All states are now no-fault states, including New York, which became the last state to adopt no-fault divorces in August, 2010.
Consult an Attorney
If you are considering using mental cruelty in your divorce case or proceeding with a no-fault divorce, you should consult an attorney. Only an attorney can give you legal advice or advise you of the best strategy for your divorce.
