Abuse as marital misconduct


#1

If your spouse pushed you down in front of your child and then took that child from you and locked you out of your bedroom, is that considered abuse in terms of marital misconduct? Do you have to have a police report for it to be considered abuse? And what if you lived with that person as husband and wife after the fact? I feel like my spouse committed marital misconduct against me throughout our 10-year marriage because he was emotionally abusive and a few times physically. I have a journal documenting these things over the years and I suppose my therapist could come and testify to the way his behavior has affected me, but I’m not clear on whether the court would care or would classify this as marital misconduct. Can you shed some light on how the courts see this type of behavior? I would think this type of behavior should bar a claim to alimony (as he is the dependent spouse) but it sounds like it is a very gray area.


#2

The incident you describe sounds like it could domestic violence issue however your decision to remain living in the home with your spouse after the incident could go to show that you were not in fear of imminent physical harm.

Emotional abuse could be considered martial misconduct if a court were to find his treatment rendered your life intolerable, but again, you remained in the home.

The only martial misconduct that is a clear bar to alimony on the part of the dependant spouse is adultery.