Brady v. Brady
Court of Appeals of New York
476 N.E.2d 290 (1985)
After 26 years of marriage and four children, Edward Brady (plaintiff) sought divorce from Dorothy Brady (defendant) on grounds of cruel and inhuman treatment, alleging physical threats and assault; Dorothy denied the allegations and sought alimony and support without seeking her own divorce. At trial, Edward failed to prove the alleged cruel and inhuman conduct, yet the trial court granted the divorce anyway, reasoning the marriage was simply "dead," and awarded Dorothy custody, exclusive home use, and child support. The appellate division reversed, finding no proof of cruel and inhuman treatment, and the Court of Appeals granted review.
Whether a plaintiff seeking a divorce on grounds of cruel and inhuman treatment in a long-term marriage must prove the defendant-spouse's conduct was harmful to the plaintiff's physical or mental health in a way that made cohabitation unsafe or improper.