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One of the saddest, most unpleasant things to hear about is cruel treatment within a marriage. Marriage is intended to be a lifelong committed relationship between persons who love each other deeply, or at least that is the vision set by our society. Of course, marriages often fail to follow this ideal, which is why we see the relatively high rate of divorce in our society. Because of human frailty, cruelty is something which does happen in marriage with some regularity. Cruel treatment takes different forms – verbal, psychological, emotional, as well as physical. In addition, cruelty doesn’t have to occur frequently within a marriage to have powerful, lasting negative effects. In some cases, even a single instance of cruelty can change a marital dynamic forever.
In the case of Frazelle-Foster v. Foster (2021), the wife initially filed for absolute divorce or, absent absolute divorce, limited divorce, on the ground of cruelty committed by the husband. The issue in the case was whether the husband’s particular forms of cruelty satisfied the standards for establishing cruelty under current law.
Let’s examine this case in detail.
Facts of the Case
The husband and wife in this case were originally married in 1982 in North Carolina. They experienced difficulties in the marriage, and then divorced in 1988. Subsequently, they remarried in 1991 and eventually had a son together in 1996. During their second marriage, the couple experienced numerous problems and relationship difficulties. The wife alleged that the husband engaged in various forms of cruelty, specifically verbal, emotional and psychological cruelties, at multiple points during the relationship.
The wife testified at trial regarding the husband’s alleged cruel treatment. She submitted into evidence a letter which had been written by the husband which contained multiple insults and humiliations. Importantly, the wife didn’t allege any physical abuse, and it was acknowledged that the husband hadn’t been physically abusive or cruel during the marriage.
The trial court denied the wife’s request for absolute divorce or limited divorce on the grounds of cruelty. The trial court concluded that, although the wife succeeded in proving instances on cruelty, she failed to demonstrate a pattern of cruelty; furthermore, the fact that there was no physical abuse also influenced the trial court’s decision making. The wife then filed an appeal.
Ruling & Outcome
The appellate division overturned the trial court's determination and concluded that the evidence cited by the wife was in fact sufficient to establish the ground of cruelty. In doing so, the appellate division set a very important precedent: cruelty doesn’t necessarily have to involve physical abuse, nor does it require a pattern of consistent abuse. Cruelty can be established by citing verbal, emotional, or psychological abuse, and this cruelty doesn’t need to be recent in order to satisfy the standard.
Again, this conclusion drawn by the appellate division sets a very critical precedent for Maryland family law moving forward. Courts now construct the ground of cruelty in a broader sense, lessening the burden of evidence required to cite this ground in divorce.
Contact the Murphy Law Firm for More Information
If readers want to learn more about the potential ramifications of cruelty in divorce, or any other aspect of the divorce process in the State of Maryland, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-5243.
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