Anyone who has experienced mental illness through a friend or loved one knows how overwhelming and destructive these conditions can be. Marriages are particularly vulnerable to falling apart and ending in divorce when a spouse or child has a mental illness. A recent survey by the American Academy of Matrimonial Lawyers found that lawyers handling divorce note a sharp uptick in the prevalence of this issue over the past few years and the difficulties it presents in resolving these cases. Figuring out the rights steps to take when a family member has a mental illness is never easy, and divorce is likely to complicate matters, but it is necessary to factor this matter into decisions related to child custody and how to approach the process as a whole. A discussion of the challenges mental illness can introduce to the divorce process, and some ways to handle this difficult issue to minimize additional negativity during this process, will follow below.
Impact on Divorce Cases
Divorce laws are crafted to provide a general framework that will work in standard divorce cases that do not include complicated or unique issues. This one-size-fits-all approach is not useful, however, when mental illness is present, and risks antagonizing an already volatile situation. The effect of mental illness on a person’s ability to deal with adversity can vary, but most will struggle with pushback from another spouse if there is disagreement over an issue, and may react with extreme hostility. This hostility may make productive participation in the divorce process impossible, and may necessitate a spouse giving the party suffering from a mental illness space to process what is happening, as well as doing everything possible to get professional help to address the condition in order to control emotions as much as possible. When a child is the one suffering from a mental illness, professional help and a willingness to cooperate to find a custody arrangement that will best address the child’s needs are imperatives. Divorces with mental illness will most benefit from crafting a private settlement that will allow for the flexibility and creativity these situations require. However, if court intervention is necessary to settle issues, educating the court about the manifestation and impact of the mental illness on the individual’s ability to function is essential.
Options to Address the Issue
Convincing a court of the presence and influence of mental illness in a divorce case is a central issue that is not necessarily easy to do, and one’s divorce attorney needs to know about the situation at the outset of the case so the proper documentation can be gathered and a strategy created. If an official diagnosis is already in hand, it could be used to obtain temporary primary custody while the case is pending, which could make it easier to later convince a judge to make this arrangement permanent. If an official diagnosis is lacking, testimony from a spouse about a diagnosis or treatment will not be permitted by the rules of evidence, and testimony about specific behavior or medications taken, which may be allowed, may not be given much credibility by a judge. Thus, securing an official diagnosis from a psychiatrist or other mental health professional should occur as early as possible. Accomplishing this may require asking the court for an evaluation of a spouse’s or child’s mental state. This evaluation is particularly important for children to determine what arrangement would best address their needs and interests. When considering the ability of a parent to provide the necessary care, it may be necessary to propose visitation take place in the presence of another adult, or that decision-making authority lie solely with the healthy parent. Finally, ensuring the final divorce decree mentions the mental illness and how it factored into the court’s final decision is important for clarity and preserving rights in case the parties’ find themselves in court a few years down the line.
Contact a Divorce Attorney
Divorce is one of the hardest events you will experience, and having an experienced divorce attorney working on your behalf is an important part of emerging from this process as well-off as possible. Christopher L. Arrington understands the stresses of divorce, and tailors his approach to the unique needs of your family. Contact the Danville law firm to schedule an appointment, and learn more about what the firm can offer.