Tips for Divorcing a Partner With Mental Health Issues

 Posted on March 25,2022 in Chicago divorce attorney

Divorces can be extremely difficult for all family members emotionally, physically, and mentally. However, divorcing a partner with a mental illness presents an entirely new hurdle for many spouses. When choosing to pursue a divorce with a mentally ill partner, there are many factors to consider, including how to approach the divorce, making custody decisions, and ensuring the safety of everyone involved. Couples in this complicated situation may hire legal counsel to help them through the divorce process . There are also other tips that individuals can follow when divorcing a partner with mental health issues. 

Most Common Mental Health Issues 

According to the National Institute for Health and Care Excellence, prevalent mental health disorders today include:

• Depression 

• Generalized Anxiety Disorder

• Panic Disorder

• Obsessive-Compulsive Disorder (OCD)

• Post Traumatic Stress Disorder (PTSD)

Understanding the mental health issue that affects your spouse is critical when choosing how to approach a divorce. Different mental health disorders can distort a person's reality. For example, someone with panic disorder may experience severe anxiety and panic attacks resulting from the divorce. Similarly, a partner affected by PTSD may feel triggered or stressed out, resulting in flashbacks or panic attacks. It is a good idea to maintain a strong line of communication with your partner when choosing to file for divorce, especially if your spouse has a mental illness. 

Focusing on Collaboration 

In many divorces, it is in both spouses' best interest to collaborate and come to a collective decision on the division of marital property during a divorce. However, involving a spouse with mental health issues can make this problematic, primarily if the divorce has caused them high stress levels. In this situation, one option for spouses is to speak to a lawyer about having a mediator or mental health counselor involved in the divorce proceedings. Mediators are third parties that remain neutral between both spouses to help facilitate decision making. Having this impartial individual, or a mental health worker, available can be helpful when dealing with a spouse who has a mental illness. 

Prepare for Custody and Property Disputes 

Unfortunately, many people with mental health disorders have all aspects of their lives affected. This can include their ability to work or parent. These factors are crucial to consider when choosing to divorce. If you and your partner share children, custody disputes could become a significant issue. The court will want to ensure that the children are in the healthiest environment possible. If a partner's mental illness renders them unfit to parent, they could lose custody. Similarly, suppose mental health issues cause a spouse to be incapable of working. In that case, both spouses should work closely with a lawyer to determine how to divide financial assets and prepare spousal support to ensure that the non-working partner can financially support themselves. 

Speak to a Kendall County Divorce Lawyer 

If you are an Illinois resident preparing for a divorce with a partner who has a mental illness, it is in your family's best interest to contact a skilled Kendall County divorce lawyer. At the The Law Office of Matthew M. Williams, P.C., our attorney has years of experience handling complicated divorce proceedings, including divorcing spouses with mental illness. Please call 630-409-8184 to schedule an appointment with our office.

Source(s):

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000

https://www.nice.org.uk/guidance/cg123/ifp/chapter/common-mental-health-problems