Cruelty as grounds for divorce has produced the greatest volume of controversy and court precedent in Ontario divorce law -- but please don't let that dissuade you from divorce if repeated abuse has occurred in your marriage.
The courts have interpreted cruelty as conduct that would render intolerable your continued cohabitation. So, if your spouse causes unnecessary pain to you, either physically or emotionally, you may have grounds for a divorce.
If you decide to proceed on these grounds, you must be able to show that the cruelty was of a "grave and weighty" nature, and not due to trivial incompatibilities or temperament between you and your spouse. The test of cruelty is quite subjective, and may vary substantially by circumstance and the parties involved.
The courts have interpreted cruelty as conduct that would render intolerable your continued cohabitation. So, if your spouse causes unnecessary pain to you, either physically or emotionally, you may have grounds for a divorce.
If you decide to proceed on these grounds, you must be able to show that the cruelty was of a "grave and weighty" nature, and not due to trivial incompatibilities or temperament between you and your spouse. The test of cruelty is quite subjective, and may vary substantially by circumstance and the parties involved.