For example, a person who suffers from depression may become suicidal at the news that his or her spouse has filed for divorce. In other situations, a mentally ill person can become violent toward his or her spouse or children in response to the marriage dissolving. In certain cases, Illinois courts may terminate parental rights when a parent is mentally ill is unable to perform basic parental duties.
For a mental illness to be a grounds for terminating parental rights, a mental health professional must testify that the parent is mentally ill, and there is no chance of recovery in the near future. For these reasons, among many others, it is important for a spouse to follow these tips in order to protect himself or herself from emotional, physical, and even financial harm when initiating a divorce:. Seek an order of protection if necessary financial or physical restraining order. Make copies of a bank account or credit card statements showing the dissipation of assets.
Getting a divorce when your spouse has a mental illness can be daunting, to say the least. It may present challenges that you did not consider, especially regarding your children. At the Law Offices of Benedict Schwarz, II PC, we have more than 50 years of combined experience in handling all types of divorces, including amicable and high-conflict cases.
Our qualified and compassionate Algonquin parenting time attorneys know how mental illness can affect your divorce proceedings. We will advocate for your rights during child support and division of assets and property decisions. To schedule your initial consultation, call our office today at The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship.
Personal Responsibility You may be the person closest to your soon-to-be-ex spouse, but this does not mean that you are completely responsible for what happens as a result of his mental illness. Divorcing a Mentally Ill Spouse Carefully Take care when divorcing a spouse who has aggression issues or who is prone to delusions as a result of mental illness.
Compassion and Patience People do not choose to be mentally ill. By Gabrielle Applebury. How to File for Divorce in Pennsylvania. Alaska Divorce. How to File for Divorce in Maryland. Connecticut Divorce. Louisiana Divorce Laws. Grounds for Legal Separation. Instead, a judge will evaluate your family's overall circumstances to determine the custody arrangement best suited to your child's needs.
A parent's mental health issues are just one of many factors that a judge will consider in your case. For example, the following are relevant to a child's best interests :.
A judge will consider the above factors and many more. Parents with more severe mental health issues may face greater barriers to obtaining custody. Your family's unique circumstances will affect how much of an impact a spouse's mental health issues have on your case.
Under extreme circumstances, a mentally ill parent may lose his or her parental rights. Generally, parental right terminations are granted only as a last resort and when a child's best interests demand it.
Each state has its own rules, but generally a court won't terminate a mentally ill parent's rights unless certain criteria is met. For example, Texas law allows a judge to terminate a mentally ill parent's rights under the following circumstances:. For states that have enacted laws similar to Texas' laws regarding mental health issues in divorce , a judge wouldn't be able to terminate a stable parent's rights simply because of bi-polar disorder or other mental health issues.
Terminations are only appropriate in the most extreme circumstances where it's clear that a parent will never be able to meet a child's needs — and that's a pretty extreme requirement. Most individuals who have well-managed mental health issues will find that their mental health has little impact on a divorce.
For more questions about the impact of mental health issues in your case, contact a local family law attorney for advice. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. If a parent abuses alcohol or drugs to the point that it significantly threatens a child's safety, a court can terminate that parent's parental rights.
For example, if a child was seriously injured due to a parent driving while intoxicated, a judge can take away that parent's custodial rights permanently. Also, if a parent suffers from a mental disability due to chronic drug use, which makes the parent unfit to care for a child, the court may terminate parental rights.
California courts decide alimony, also known as "spousal support," based on whether each spouse has the earning ability to maintain the standard of living they each had during the marriage. Some newly-divorced individuals are mentally ill to the point employment is impossible. These mentally ill, unemployed divorcees often struggle maintaining their marital standard of living. Disability benefits may cover a portion of their expenses, but courts often require their ex-spouses to pay spousal support to supplement benefit payments and make up the difference.
If a court grants a divorce on the grounds of legal incapacity, the sane spouse is still obligated to support the spouse who lacks the legal capacity to make decisions. A judge is unlikely to grant a parent alimony due to that parent's issues with alcohol or drugs.
A parent who can't hold a job due to addiction should seek treatment so that employment is possible. In some rare cases when a parent suffers from a mental illness due to chronic drug use, a court may order the other spouse to pay some amount of alimony. In California, courts can annul marriages when one spouse couldn't have consented to the marriage at the time of the wedding. For example, if one spouse was underage or was forced to marry, the judge will declare the marriage void.
Courts can also annul marriages when one spouse couldn't have consented due to being unable to understand the nature of marriage. If a spouse suffering from mental health issues at the time of the marriage recovers, however, and continues to freely live with the other spouse, a judge can't annul the marriage.
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