What to Know About Mental Health Issues & Divorce
If you are getting divorced from a spouse who suffers from mental health issues, you may be wondering how that can affect the process. Could their problems affect how assets are divided, how child support is decided, and whether or not there is a need for extended alimony? In short, yes. Having a spouse who is dealing with mental illness can complicate your divorce, but our Chatham, New Jersey divorce attorneys can help you deal with any unexpected hurdles.
Can Mental Illness Be Grounds for Divorce?
In New Jersey, you can choose to pursue fault or no-fault divorces. In cases where one spouse has severe mental health issues that they will not treat, it may be possible to use that as grounds for divorce. There are some strict requirements though, so a lawyer would probably have to look at your circumstances to determine whether or not this is a possibility for you.
If your spouse’s untreated issues are considered grounds for a fault-based divorce, you may receive more of the marital assets when everything is settled. No matter what happens, just remember that our lawyers are ready to help you fight for the best possible outcome.
Can Someone With Mental Health Problems Still Get Child Custody or Visitation Rights?
It is important to note that having mental health problems is not going to necessarily bar a parent from seeing their children. The court thinks of the best interest of the children here, and that could mean visitation rights or even custody for a parent with mental health issues. The well-being of a parent is obviously important, but the following factors are also sure to have an effect on the final decision:
- The child’s relationship with each parent
- The child’s adjustment to their school and community
- If either parent has a history of domestic violence
- Each parent’s ability to provide stability
- Each parent’s ability to meet their child’s needs
- Whether or not one parent thinks the other should have a relationship with their child
In most cases, there will be some attempt to maintain the relationship between a child and their parent, even if that parent is struggling with mental health problems.
Can a Spouse With Mental Health Issues Get More of the Marital Assets?
When assets are divided up, it is possible that the spouse with mental health issues will get more of the marital property. This can occur when there is a big discrepancy between your income and your spouse’s income or when the spouse with mental illness is unable to support themselves.
Schedule a Consultation With a Divorce Lawyer Today
If you have any more questions and want to learn more about what our experienced attorneys can do for you, contact Lazor Rantas, PC. We can schedule a consultation and tell you more about the issues you might face in your divorce and how our lawyers can help you navigate them. We look forward to assisting you.
