The cruel and inhuman treatment of plaintiff by the defendant such that the conduct of the defendant so endangers the physical or mental well being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant. There is no precise definition of the type on conduct that warrants a court in granting a divorce based on cruel and inhuman treatment. Each case is decided on its own facts. Verbal abuse, as well as physical abuse, can constitute cruelty provided the conduct is such that it renders it unsafe or improper for the parties to cohabit. The abandonment of the plaintiff by the defendant for a period of one or more years.
Actual abandonment consists of the unjustified leaving of the marital home by one of the parties.
If one of the parties leaves the marital home with the consent of the other party, there is no abandonment. Another form of abandonment is constructive abandonment, which is the unjustified refusal to engage in sexual relations with the other party. Again, if both parties consent to not engage in sexual relations, there is no constructive abandonment by either party. At the time of the commencement of the action, the abandonment must be one full year. The confinement of the defendant in prison for a period of three or more consecutive years after the marriage of plaintiff and defendant.