New York Family Law Blog
In D.A. v. B.E., 2005 N.Y. Slip Op. 50281 (N.Y. Sup. Ct. 2005), the D.A. sought a divorce from his wife, B.E.A., under Domestic Relations Law Section 170(1) based on claims of cruel and inhuman treatment. The couple had been married since 2001, and D.A. argued that his wife’s lack of care for his deteriorating health endangered his well-being. The court had to decide whether the evidence provided was enough to grant the divorce on these grounds.
Background Facts
D.A. and B.E.A. were married on June 21, 2001, though they had lived together for several years prior to that date. At the time of the marriage, D.A. was already suffering from asbestosis. Over time, his health worsened. By 2003, he had been diagnosed with emphysema, and later that year, he underwent surgery for lung cancer, which required the removal of one of his lungs. His medical condition left him in chronic pain, requiring continuous pain management, including Percocet and, eventually, morphine.
After his surgery, D.A. spent several months recovering in a rehabilitation facility and with his daughter, Donna, before returning to the couple’s home in late 2003. D.A. testified that his wife was largely absent during his recovery, both physically and emotionally. He claimed that she focused more on financial matters than on his health, failed to attend his doctor’s appointments, and frequently left him alone, despite his need for care.
In June 2004, D.A. moved out of the marital home and went to live with his daughter permanently. He attributed this decision to his wife’s neglect and his belief that continuing to live with her was harmful to his health.
Question Before the Court
Whether D.A.’s allegations of neglect and emotional abandonment amounted to cruel and inhuman treatment under Domestic Relations Law Section 170(1).
Court’s Decision
The court ultimately denied D.A.’s request for divorce. It found that the evidence presented did not meet the legal standard for cruel and inhuman treatment. While D.A. had clearly suffered from serious health issues and may have felt neglected by his wife, the court did not find sufficient proof that her behavior endangered his physical or mental well-being to the extent required under the law.
Discussion
To obtain a divorce on the grounds of cruel and inhuman treatment, a plaintiff must show that their spouse’s conduct was serious enough to threaten their health or safety. In this case, D.A. argued that his wife’s failure to care for him during his illness amounted to such conduct. He claimed that she left him alone for long periods, did not accompany him to medical appointments, and was generally indifferent to his suffering.
However, the court examined the evidence presented by both parties. While D.A. testified that he felt abandoned and that his wife failed to meet his needs, the court noted that his claims were not fully supported by the facts. For example, D.A. admitted that his wife had offered to accompany him to doctor’s appointments, though he declined her offers. He also conceded that she did household chores and ran errands, including picking up his medication and buying groceries, during the time that he claimed she was neglecting him.
The court also considered the testimony of the nurse assigned to D.A.’s case. The nurse testified that D.A. required significant care and that he should not have been left alone for extended periods. However, the court found that this testimony did not prove that B.E.A. had acted maliciously or with intent to harm. It appeared that she did make some efforts to care for her husband, though perhaps not to the extent that he would have preferred.
Additionally, the court noted that Mrs. A.’s testimony painted a different picture of the marriage. She testified that she had supported her husband throughout his illness and had even driven him to Florida for medical treatment in the past. She also claimed that she regularly visited him during his rehabilitation and that she had done her best to manage the household while caring for him.
The legal standard for proving cruel and inhuman treatment is high. It is not enough to show that a marriage has become strained or that the spouses are incompatible. The plaintiff must demonstrate that the defendant’s conduct was so harmful that continuing to live together would pose a threat to their well-being. In this case, the court found that D.A. had not met this burden. While his wife’s actions may have caused him distress, they did not rise to the level of cruelty required under the law.
Conclusion
In the end, the court denied D.A.’s request for divorce. It found that the evidence did not support his claim that his wife’s behavior amounted to cruel and inhuman treatment under Domestic Relations Law Section 170(1). The decision highlights the difficulty of proving this ground for divorce, as the court requires clear evidence that the spouse’s conduct endangered the plaintiff’s physical or mental health.
If you are contemplating divorce, it’s important to have experienced legal representation. Contact the experienced Queens divorce lawyers at Stephen Bilkis & Associates for a consultation to discuss your options and protect your rights.