Are there different divorce "rules" for cruelty?

Question

There are 3 reasons for a divorce in Ontario

1) Irreconcireable Differences (spelling?)
2) Adultry
3) Cruelty

I am wondering if there are different guidelines and rules if you request a divorce based on cruelty? Or, is everything just divided down the middle regardless of the reason for divorce?

I know someone who's looking into getting a divorce lawyer, and before she does, I'd like to educate her about what to ask first.

Basically, if a woman has been repeatedly abused in her marriage, would more than half of the assests be awarded to her if she asked for them?

Thanks everyone. I appreciate your time and effort in helping me here.

Some of you are asking "what state am I from?".

We live in Ontario Canada.

Answer 1

The abuse should be addressed in a criminal court as assault. Divorce and the accompanying distribution of property is a civil matter.

Answer 2

Yes they are but divorce is done in a diffferent court than the abuse, it is treated seperately but if there is a history of abuse you can bring in all of your proof to your lawyer then he can bring it to court with him. If you are experiencing abuse in your marriage then you can ask for help from your shelter in your county. You may be able to recieve money from your husband for damamges because of the abuse. Also go to a shelter and they will help you with legal aid specially for your problem. Remember you are never alone there are alot of women who are afraid and who are suffering abuse by the hands of their husbands, the ones who claim to love them. To get something out of court on the behalf of your divorce you need to have proof of the abuse, like police reports and also hospital reports, either one and going to a shelter will help tremendously, they will help your friend and will help you get the legal help you need. I have been there and had been in a marriage for 7 years and suffered abuse and I didn't think I was strong enough to do anything for myself. When I finally took enough I went to a shelter and they helped me so much, where I got half of my husbands bonus, 401k and a 2006 kia paid for and most of all I got a great deal of a piece of mind and very happy now. There is no need for anyone to suffer abuse or cruelty it is uncalled for. This is a mans world and alot of this is going on, us women need to stick together and lets's work and put a stop to it. Stand up for your right as a human being.

Answer 3

if you friend has him arrested for abuse and she can prove that he has been doing it for a while then he may get jail time and then she can have it all. I am not for sure about the state you live in but I am sure you can ask a local attorney those question . but she needs to get out of that marriage quickly.try this link it might help

Answer 4

It depends on the state, your legal representation and the facts. Most of all.. Is there documented proof of the abuse? It all makes a difference.

Answer 5

not sure for canada..

But i was married to a man that cheated on me.. and this is what i did.. we have 2 children involved..

We had two sets of furniture..one for the living room one for the family room.. i took the better of the two sets, i took the dinning room furniture (kids needed a place to eat so its justified) we had 3 TV's i took the better 2 left him 1.. i took all the kids things of course.. i took anything my family gave to us, or that was mine prior to the marriage, i left anything his family gave to us, or that was his prior to the marriage.. I left him our bed (didnt want it thats where he cheated) his dresser, and 1 night stand, i took my dresser and my nightstand..
I left him One glass, one mug, one pot, one pan, one knife, one fork, one spoon, one plate, one bowl, etc he's one person, he only needed one of everything.. One towel one wash cloth etc.. i left him one thing of bed linen (mickey mouse , our 3 year olds old set ) one pillow..etc.. we had only one car at the time and because i had the children he had to give me the car because the children needed transportation.. and the judge was fine with it cause i didnt take anything that was "personal" to him, and i left him one of everything..since he was one person, and i had to take care of 3 ... so although it wasnt based on abuse persay.. but if ur friend has children she has a right to a bulk of the assets, because she has to provide a stable environment for her children, now if they dont have any children she may have to be more 50/50 with things.... if ur talking financial assets like 401k and whats in the bank etc, that type of stuff is usually broken down 50/50.. or depending on how long u were married as far as retirement type things..

Answer 6

What state are you from?

Answer 7

I know in calif. MY friend got hers on extreme abuse.

Answer 8

it dosent matter what the reason is ..eveything is split in half ..cash, property.Bills..etc everything..