According to Divorce Magazine, 16.8 percent of all divorces in America are the result of an abusive spouse. This abuse can be physical or emotional, and often has serious implications on the proceedings in a divorce case. Abuse is not to be taken lightly, and it is important that you know how to deal with a marriage that is rooted in these crimes. The National Coalition against Domestic Violence states that 85 percent of domestic violence victims are women and one in every four women will experience some form of domestic violence during her lifetime. Many religious groups that do not normally support divorce may make exceptions if the wife is an abuse victim. In rare cases, a man may be the victim in a domestic abuse case. People who are married to alcoholics are more likely to experience domestic abuse in their home life.

The most common types of domestic violence are physical sexual, physiological, financial, and controlling behavior. Physical violence includes hitting, slapping, punching, hair pulling, kicking, or more severe actions such as throwing objects at another person out of anger. An abusive spouse can be jailed for these actions if they are a serious and repetitive concern. In 26 states, domestic violence is recognized as a separate crime in the state's criminal code. In Colorado, for example, a spouse who receives a physical abuse sentence can be given 24 months' probation and will be registered as an abuse convict on various public registries. A domestic violence accusation could result in three separate cases, which can exist simultaneously: a civil case, a family law case, and a criminal case. It is helpful to have police records, medical records, or witnesses on hand if you are trying to prove an abuse case in your divorce. As well, if your spouse has a significantly large fortune, you may qualify for relief compensation. A lawyer can help you to determine whether or not you should pursue this avenue. It is important that you tell your attorney that last time that you were victim to abusive behavior, as well as how often you were abused. If your spouse has taken steps to correct or control his or her behavior, this can affect your case as well.

Another form of abuse, sexual violence, entails any sort of assault or rape. When a couple is legally married, it is difficult to prove assault and rape, but this concern can be a major cause for divorce. Still, judges need to be cautious before believing the claims at hand. The S.A.I.D. Syndrome, (Sexual Allegations in Divorce) has proven to be a popular way to accuse a spouse of abuse. Physiological abuse includes any sort of verbal threat, intimidation or bullying. Discouraging spouses will often intimidate their partners with negative words in an attempt to coerce them. This form of abuse is also difficult to prove in court, unless the claimant has a recorded tape of verbal abuse or something that presents tangible evidence. Emotional abuse cases are very common, and usually do not include punishment for the offender, but is a valid ground for divorce. Financial abuse can also result in an annulment. This occurs when a spouse takes control of his or her partner's finances and will not relinquish them. While financial abuse can be proved with receipts and bank account statements, it is not normally prosecuted, due to the fact that a married couple is legally in joint possession of their funds.

As well, abusive, controlling behavior is a main reason for divorce that is not normally prosecuted. Intermixed with verbal abuse, controlling spouses force their partners into unfavorable situations. In certain circumstances, a court may speed up your case if you are victim to abuse in your marriage. On the other hand, courts must be cautious to sift through true allegations and untruthful claims. Many times, enraged spouses will declare that their former partner was abusive, when in actuality he or she was not. Because of this, serious abuse claims undergo intense investigation and courts often demand tangible proof. Even if you do not have a serious abuse case, there are plenty of provisions which allow you to obtain a divorce from your spouse. Talk to a family attorney about your situation to get customized advice.