All states now offer people the option of getting a no-fault divorce. This means that the spouses do not assign fault. Rather, they essentially agree that they want to get a divorce because of “irreconcilable differences.”
However, in many states, at-fault divorces are still an option. The spouse who initiates the divorce may state the grounds for the divorce, i.e., the conduct of the other spouse that caused the breakup of the couple’s marriage.
A person seeking a fault divorce may allege and prove such grounds for divorce as abuse, neglect, incurable insanity, adultery, abandonment or other fault grounds recognized in the state in which they live. The available grounds may be different in different states.
If a person seeks divorce on the grounds of a factor related to their spouse’s severe mental health issues, it may be advisable for them to file for a fault-based divorce. In some states and in some situations, the spouse who is not at fault may be entitled to a bigger share of marital assets or a larger award of alimony, if they can prove that their spouse’s mental health issues were the cause of the breakdown of the marriage.
On the other hand, a spouse’s mental health issues may mean that they are awarded a larger amount of spousal support or a larger share of marital or community property.
If a spouse’s serious mental health issue is a factor in a person’s divorce, they would want to consult a family law attorney for advice as to whether a fault or no-fault divorce would be the best for them. The mental health status of a spouse may also affect other issues in a divorce.
What Is a Divorce and How May Mental Health Affect It?
In a divorce, or “dissolution of marriage” in legal terminology, the two spouses end their marriage. Several issues must be resolved before a court enters a final decree of divorce.
The property the spouses own and the debts they have must be divided between them. If they have children, an arrangement that directs where the children will live after the divorce, physical custody, and what role each parent will have in making decisions about their upbringing, legal custody, must be made. The spouses themselves can negotiate an arrangement, or a court makes the decisions, if the spouses cannot.
Finally, it must be determined whether one spouse will make continuing spousal support payments to the other.
One or both spouses may be dealing with a significant mental health issue. This can have an effect on the divorce in several ways. This article will review some of the issues that may arise if one spouse has a significant mental health issue.
What Are the Mental Health Challenges that Might Affect Issues in a Divorce?
Of course, a mental illness is formally diagnosed by a licensed mental health professional, such as a psychiatrist, according to a reference known as the “Diagnostic and Statistical Manual of Mental Disorders, 5th edition (DSM-5).” It is important to recognize that qualified and licensed mental health professionals are the ones who are best equipped to diagnose mental illness.
Among the mental health conditions that may afflict people in adulthood are the following:
- Anxiety disorder;
- Major depressive disorder;
- Bipolar disorder;
- Alcohol or substance use disorder;
- Schizophrenia and psychotic disorders.
This list is not exhaustive. There are other mental health conditions with which a person may struggle that may have a significant impact on their life, e.g. a hoarding disorder.
What Are the Signs of Mental Health Issues?
Each disorder has its own signs and symptoms although they may have some in common. For example, a person may have hallucinations and delusions. These may be symptoms of several different conditions, e.g. schizophrenia, bipolar disorder or brief psychotic disorder. Sometimes people have hallucinations and delusions once in their life for a brief period of time and never have them again.
However, hallucinations and delusions can also be symptoms of schizophrenia, a condition that can be managed with medication and lifestyle adaptations, but which may affect a person throughout their life.
Each condition has its own symptoms and recognizing them can be challenging, however, some signs include the following:
- Excessively worrying or feeling fearful;
- Feeling sad or experiencing a lack of motivation or interest in activities;
- Confusion;
- Inability to concentrate, carry out daily tasks and handle common problems;
- Extreme mood swings which may involve feelings of euphoria or depression;
- Long periods of feeling irritable or angry;
- Avoiding friends and social activities;
- Change in a person’s sleeping habits, such as sleeping more than usual or much less than usual;
- Changes in eating habits; such as increased hunger or lack of appetite;
- Difficulty perceiving reality;
- Lack of ability to recognize changes in one’s own feelings, behavior or personality;
- Overuse of substances like alcohol or drugs.
- Thinking about suicide.
Again, this list is not exhaustive. There are many other signs and symptoms of the different mental health issues from which people may suffer.
How Might Mental Health Issues Affect a Divorce?
Either spouse’s mental health issues might have an effect on the issues involved in a divorce. Much would depend on the exact condition of the spouse. For example, a spouse might be unable to work and earn an income because of their mental health condition. On the other hand, if a person has a well-managed mental health condition, it might have very little impact on the issues involved in a divorce.
One spouse’s mental health issue may affect property division, child custody and spousal support. Each state has its own laws regarding these issues and factors that a judge must consider in deciding them. But mental health could be a factor in all of these issues in all states.
How Might a Parent’s Mental Health Condition Affect Child Custody?
A court considers many factors in determining child custody. A parent’s mental health issues would be one of them. For example, the following factors are considered by most courts if the court is asked to decide on child custody:
- The age of the child, their developmental status and needs;
- The quality of the child’s relationship with each parent;
- Each parent’s ability to respond appropriately to their child’s needs and provide stability;
- The age and health condition of each of the parents;
- The child’s relationship with siblings and extended family members;
- Whether one or both of the parents have a history of domestic violence;
- The willingness of each parent to allow a relationship between the child and the child’s other parent.
A court is likely to think about these factors and others as well in determining custody. A parent whose mental health issue is more severe and could affect the best interest of the child may have a more difficult time getting custody. Of course, each case is unique, and its particular circumstances affect how much of an impact the illness has on the situation.
A mentally ill parent would be very unlikely to lose their parental rights completely. Usually, that would happen only if specific criteria are met, e.g. mental illness makes the parent completely incapable of meeting the child’s physical or emotional needs.
What About Grounds for a Divorce?
Currently, the law in all states offers couples a no-fault divorce option. This means that neither must prove that the other was at fault in causing the break-up of their marriage. Only two-thirds of the states also still offer divorce based on the fault of one of the spouses. The fault of one spouse in causing the divorce may also allow courts in some states to consider that fault in dividing property, awarding alimony, or awarding custody of the children.
The law in each state specifies the fault grounds for divorce, but a few of the traditional grounds for fault in divorce in some states are adultery, cruelty, confinement in prison, and incurable insanity.
If a court grants a divorce based on one of these grounds, the spouse who is not at fault may receive a more favorable division of property. The court may consider the fault of the at-fault spouse in dividing marital property, and awarding spousal support and child custody.
For example, in Texas it is possible to get a fault divorce. If one spouse’s mental illness played a role in breaking up the marriage, the court may consider this when dividing the community property. For example, if a spouse’s mental illness led them to commit adultery, substance abuse, or domestic violence, the court may award a bigger share of the marital assets to the spouse who was not at fault.
Texas is a community property state, which means marital property is divided equally between the spouses. However, again, in Texas if one spouse proves fault of a type that is related to their spouse’s mental health condition, a court may make a different division of the property.
A court may also give added weight in favor of the needs of a mentally ill spouse when dividing the property. For example, the mentally ill spouse may need extra financial support to cover the cost of treatment. If this is the case, the court may award a larger share of the marital property to the mentally ill spouse in order to provide them with the extra support they need.
Mental illness can affect a spouse’s ability to hold down a job or earn a stable income. If a spouse’s mental illness has adversely affected their earning capacity, again, a court may distribute a larger share of the marital assets to them to compensate for this.
What About Restraining Orders?
If a spouse has been the victim of domestic violence or abuse perpetrated by the other spouse, they should tell their lawyer about this and possibly seek a restraining order for protection.
Is Mediation an Option?
Another way in which a person might possibly reduce the stress of a divorce is to engage in mediation. Mediation is a process in which a neutral third-party works with the spouses to help them arrive at an agreement regarding the issues in their divorce. This is a good strategy for avoiding the additional stress that contentious court hearings to resolve disputes can bring.
Of course, a person wants to handle their spouse’s mental health issue ethically and with integrity. They would not want to make all the details of their spouse’s condition known to others who do not need to know about them. They would not want to exaggerate or misrepresent their spouse’s issues in court in order to gain some kind of advantage in their divorce.
They would want to deal with their spouse’s condition with compassion and understanding and avoid promoting the stigma and discrimination that often affects people who suffer from mental health afflictions.
What about the Effect of Divorce on a Person’s Mental Health?
Of course, a divorce itself may well have a negative effect on the mental health of one or both spouses or their children. If this should happen, a person wants to be ready to help themselves and their child. The first step would be to seek the help of a mental health professional, a psychologist, social worker or psychiatrist. Most mental illnesses can be managed through life-style adaptations and medication.
Another strategy is to build a support system. This may be a group of some kind, e.g. at a person’s place of worship or with close family and friends. A person would also do well to consult a family law lawyer. It can be helpful for a person who may be in a vulnerable place mentally to have the help of a lawyer to guide them through the process of getting a divorce.
Do I Need the Help of a Lawyer for a Divorce Involving a Spouse with Mental Health Issues?
If you are facing a divorce from a spouse with a significant mental health issue, you want to consult a family law lawyer for guidance. Especially if your spouse has a serious mental health problem, you need to consult a lawyer before you file for divorce in order to determine whether you should get a fault or no-fault divorce.
It can make a difference in many states and is something a person should know before they file. A family law lawyer can help you best protect your rights with respect to all of the issues in your divorce.
