Was it cruelty? The Madonna Drama continues

On second thought, Maybe the grounds for Madonna’s divorce could be cruelty in the form of “verbal abuse.” In New York, a person can get a divorce on that basis if they can provide the court with at least a few incidences, dates, times, place etc., where their spouse abused them verbally, and where what was said rises to the level of emotional and pschological harm that it would be unreasonable for them to continue living together as husband and wife.
At her concert in Boston last night, Madonna apparently made a statement that someone was “emotionally retarded.” The media is speculating that she meant her husband, that it was a thinly veiled jab at him. Is calling your husband an emotional retard cruel and inhuman behavior?
It could be. Who wants to be called a retard? Or an emotional one to boot? Especially in front of so many thousands of people at a live concert, and millions more who can get all of it on YouTube?
If in fact this was meant to describe her husband in public, then one can only imagine what is being said in private. Thus, the grounds for the divorce, if it were happening in New York, could also include cruelty.
By the way, the rumor is that Madonna did not sign a prenup with Guy Ritchie when they tied the knots eight years ago. When I heard that, I was absolutely astounded. How could Madonna not sign a prenup?