mental cruelty

Anonymous Asked:

My relationship was common law for almost 15 years. I have been through emotional hell, waiting for things to be settled, waiting for spousal to come, but it doesn't, waiting for lawyers to do something, waiting for a separation agreement to be honoured... for over 2 years and I can't take any more. I am being sued over things my ex has done. The latest came today. There has been so much more to deal with but you get the picture.

Is filing for mental cruelty a possibility or is that fruitless too? Thank-you for your time.

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Andrew J. Kania, LL.B., LL.M.

10 years ago

Answer: It sounds like you need to move the matter into Court and seek a Judge’s Order. Such Orders can be “temporary” and provide immediate relief to you. In terms of “mental cruelty” conduct may be relevant to custody/access or (and this is remote) spousal support. However, making a claim for “mental cruelty” (unless there has been proven physical abuse) is (as a general statement only) likely not worth the time and legal expense. However, we would need specific facts from you to comment on your case.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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